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

SPONSOR Komadina

DATE TYPED 1/26/05

HB

SHORT TITLE Life Imprisonment Without Parole

SB 173

ANALYST Peery

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

See Narrative

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Corrections Department (NMCD)

New Mexico Sentencing Commission (NMSC)

Parole Board (PB)

Administrative Office of the District Attorneys (AODA)

Bernalillo County Metro Court

No Response

Administrative Offices of the Courts (AOC)

SUMMARY

Synopsis of Bill

Senate Bill 173 requires all adult persons, 18 years and older, convicted of a capital felony to be

punished by life imprisonment without any possibility of release or parole. A capital felony in

New Mexico is First Degree Murder. If a capital felon’s death penalty is in validated, the bill

requires that the capital felon will then serve life imprisonment without any possibility of parole.

The bill expands the definition of serious violent offense of kidnapping resulting in great bodily

harm inflicted to kidnapping resulting physical injury or a sexual offense upon the victim. The

bill requires mentally retarded defendants guilty of a capital felony to be sentenced to life im-

Senate Bill 173 -- Page 2

prisonment without parole, and not be given the death penalty. Also, the bill adds to the list of

aggravating circumstances to be considered by the sentencing judge or jury in determining

whether to impose upon the defendant the death penalty or life imprisonment without parole.

Those aggravating circumstances include murdering a person because of their present or former

status as a peace officer or employee of the corrections department; killing two or more people in

a single incident; for a killing done in a heinous manner; and murdering a child less than 13 years

of age.

PERFORMANCE IMPLICATIONS

The AODA states any additional aggravating circumstance for the death penalty will increase the

number of death penalty cases investigated, charged, prosecuted, and appealed. Death penalty

prosecutions require a significant amount of resources from the District Attorneys, Public De-

fenders and the courts.

FISCAL IMPLICATIONS

The AODA reports as various laws have been passed either creating new offenses or enhancing

penalties district attorneys’ caseloads have increased.

NMCD reports that life imprisonment with no possibility of parole will result eventually in a lar-

ger and older prison population. Costs will incur with an older prison population from geriatric

services that include hospital care and disability accommodations.

ADMINISTRATIVE IMPLICATIONS

The AODA states the result of more death penalty cases referred to the district attorneys for

prosecution will increase current workload.

NMCD states that the bill could increase administrative burdens as a result of a larger number of

violent offenders being incarcerated for life.

RLP/rs:lg