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

SPONSOR Papen

DATE TYPED 2/3/05

HB

SHORT TITLE Change Corrections Commission Composition

SB 68/aSJC

ANALYST Woods

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to Section 33-8-6 NMSA 1978.

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Corrections Department

SUMMARY

Synopsis of SJC Amendment

Senate Judiciary Committee amendment clarifies the language in the title, as well as the body of

the bill so as to accurately reflect the organizational structure of the Corrections Department as

follows.

On page 1 lines 11 and 13:

RELATING TO CORRECTIONS; CHANGING THE NAME AND COMPOSITION OF THE

CORRECTIONS COMMISSION; LIMITING THE ADVISORY AUTHORITY OF THE

CORRECTIONS INDUSTRIES COMMISSION TO THE CORRECTIONS INDUSTRIES

DIVISION; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA

1978.

On page 1 line 19:

Senate Bill 68/aSJC -- Page 2

"[NEW MATERIAL] CORRECTIONS INDUSTRIES COMMISSION.--The "corrections in-

dustries

On page 2, between lines 8 and 9 a section on the procurement code is inserted that clarifies the

following reference to corrections industries:

Section 13-1-98 NMSA 1978. Exemptions from the Procurement Code – The provi-

sions of the Procurement Code shall not apply to:

I. procurement of tangible personal property or services, as defined by Sections 13-1-

87 and 13-1-93 NMSA 1978, by the corrections industries division of the corrections

department pursuant to regulations adopted by the corrections industries commission,

which shall be reviewed by the purchasing division of the general services department

prior to adoption;

In Section 33-1-2 NMSA 1978. Definitions – As used in the Corrections Act, clarification of the

Parole Board Act is addressed:

C. (2) The existing language: “the state board of probation and parole, except to the ex-

tent delegated to the parole board by the Parole Board Act;” is amended to read “the pa-

role board to the extent delegated by the Parole Board Act;.”

Senate Judiciary Committee Amendment to SB68 adds no appropriation to the bill.

Original Synopsis of Bill

Senate Bill 68, Relating To Corrections; Changing The Composition Of The Corrections Com-

mission; Limiting The Advisory Authority Of The Corrections Commission To The Corrections

Industries Division; Amending, Repealing And Enacting Sections Of The NMSA 1978, rede-

fines the role of the Corrections Commission.

The bill seeks to clarify the advisory authority of the

Corrections Commission with respect to the Corrections Industries Division, rather than to the Correc-

tions Department as a whole.

Significant Issues

The Corrections Department notes that t

he bill amends an outdated statute creating the Corrections

Division of the Criminal Justice Department, neither of which continues to exist. At that time, the Cor-

rections Commission was given the duty to “advise” the Director of the Corrections Division [now the

Secretary of the Corrections Department] in the management and control of the entire Corrections Divi-

sion [now the Corrections Department]. A subsequent statute, Section 33-8-6 NMSA 1978, granted the

Corrections Commission broad and virtually complete policy making power with regard to the Correc-

tions Industries Division of the Corrections Department. This is the division of the Corrections De-

partment that employs inmates in such industries as telemarketing, and the manufacture of furniture,

clothing and inmate uniforms.

The Corrections Department further suggests that with the creation of the Corrections Oversight Com-

mittee, the Corrections Population Control Commission and the New Mexico Sentencing Commission

to oversee the Department’s management and programs, it is no longer requisite for the Corrections

Commission to advise the cabinet secretary with respect to each and every department program. Ac-

cordingly, this bill clarifies the Correction Commission’s responsibilities in light of the department’s

Senate Bill 68/aSJC -- Page 3

present organizational structure, and delineates its oversight responsibilities with respect to the Correc-

tions Industries Division as defined in Section 33-8-6 NMSA 1978.

PERFORMANCE IMPLICATIONS

The department anticipates minimal impact on programs.

FISCAL IMPLICATIONS

While there is no appropriation attached to this bill,

the department suggests the bill could result in

very minimal cost savings since the Corrections Commission would not need to meet or request infor-

mation from the department personnel regarding overall department operations. This could result in

minimal yearly savings for per diem, photocopying, and related general expense items.

ADMINISTRATIVE IMPLICATIONS

The department indicates that minimal administrative cost savings might be achieved as department staff

realize a reduction in the number of administrative and informational requests originated by the Correc-

tions Commission.

BFW/yr