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F I S C A L I M P A C T R E P O R T

SPONSOR Garcia, M.J.

DATE TYPED 01/20/05 HB

SHORT TITLE Domestic Violence as a Serious Violent Offense

SB 63

ANALYST Woods

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

Indeterminate

Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

State Parole Board

Corrections Department

Public Defender Department

New Mexico Sentencing Commission

SUMMARY

Synopsis of Bill

This bill amends Section 33-2-34 NMSA 1978, “Eligibility for Earned Meritorious Deductions”

(good time computations), to designate one felony crime (third degree aggravated battery against

a household member) into a serious violent offense. It additionally designates two felony crimes

(fourth degree aggravated assault against a household member, and third degree assault against a

household member with intent to commit a violent felony) into serious violent offenses if the

sentencing judge determines that they should be treated as such.

Significant Issues

Inmates convicted of serious violent offenses are only eligible to earn up to four days of good

time per month, and therefore generally serve approximately 89% of their sentences in prison.

Inmates convicted of crimes other than serious violent offenses can earn up to 30 days of good

Senate Bill 63 -- Page 2

time per month, and generally serve only approximately 64% of their prison sentences.

This bill impacts the Corrections Department in that, corresponding to the number of inmates

convicted under the three “serious violent offense” designations, it could potentially increase the

number of inmates serving approximately 89% of their prison sentences, therein extending their

prison sentences and increasing the department’s incarceration-related costs.

PERFORMANCE IMPLICATIONS

The Corrections Department indicates the bill, by potentially increasing the length of prison sen-

tences for a select group of inmates, will negatively impact the department’s ability to operate its

prisons and prison-related programs. The State Parole Board indicates the bill will have little

impact on board operations in that the same number of inmates would be heard by the Board,

although at different points in time.

FISCAL IMPLICATIONS

This bill does not contain an appropriation; however it will potentially increase the incarceration

costs associated with having to keep this group of inmates in prison for longer periods of time.

Additionally, it could potentially increase the overall state prison population.

The department estimates that approximately 75 to 85 inmates per year enter the prison system

subsequent to conviction of one or more of the three designated domestic violence felonies. The

New Mexico Sentencing Commission notes that their report “Time Served in New Mexico Pris-

ons, FY 2004: Analysis of the Impact of Earned Meritorious Deductions,” sets forth calculations

for the average proportion of time served by inmates in fiscal year 2004. On average, serious

violent offenders served 89.6% of their total sentence in fiscal year 2004. On average, nonvio-

lent offenders served 64.3% of their total sentence in fiscal year 2004.

The Corrections Department notes that the contract/private prison annual costs of incarcerating a

male inmate is $20,720 per year, while for females the cost is $26,313 per year. Further, the de-

partment indicates that state owned prisons are essentially at capacity, and that any net increase

in inmate population will be shifted to contract/private facilities. The department additionally

suggests that increased public awareness of domestic violence, as well as judicial sentencing pat-

terns, could well contribute to an increase of felony designations beyond the current level of 75-

85 inmates per year.

ADMINISTRATIVE IMPLICATIONS

The Corrections Department notes the bill will cause an increased administrative burden on the

department by increasing the number of days this inmate group remains incarcerated, and by re-

quiring the same number of staff to supervise the increased number of inmates.

TECHNICAL ISSUES

The Public Defender Department notes that the bill makes the good time reductions uniform for

the same offenses regardless of the victim. The public defender additionally suggests that the

variable of increased sentences will make it more difficult to plea bargain cases, “but not to an

impermissible degree.”

Senate Bill 63 -- Page 3

POSSIBLE QUESTIONS

1.

What are the anticipated costs to the Corrections Department if this bill is implemented.

2.

How will this impact the capacity ceilings of the private/contract prison facilities.

BFW/yr