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

SPONSOR Martinez

DATE TYPED 2/7/05

HB

SHORT TITLE Earned Meritorious Deduction Authority

SB 599

ANALYST Peery

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NA

NA

NA

NA

NA

NA

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Response Received From

New Mexico Corrections Department (NMCD)

No Responses

Administrative Office of the Courts (AOC)

Administrative Office of the District Attorneys (AODA)

New Mexico Sentencing Commission (NMSC)

SUMMARY

Synopsis of Bill

Senate Bill 599 would give the Corrections Department more administrative flexibility by allow-

ing the Department to engage in the following administrative functions: (1) award inmates

earned meritorious deductions known as good time, (2) award good time during periods of prison

lock down, (3) award lump sum awards to certain inmates, and (4) forfeit and restore inmates’

good time. The bill allows the Department to engage in these administrative functions based on

the recommendations and/or approval of the prison’s classification supervisor instead of the en-

tire classification committee, the prison warden or warden’s designee, and the director of adult

prisons division or designee of the director.

Senate Bill 599 -- Page 2

PERFORMANCE IMPLICATIONS

NMCD states the proposed legislation would essentially help streamline and make more efficient

the Department’s awarding of good time and related administrative processes.

ADMINISTRATIVE IMPLICATIONS

NMCD reports the proposed legislation will reduce administrative workload of the classification

committee, wardens and director of adult prisons by allowing delegation of these administrative

functions to qualified Department designees, thereby increasing administrative efficiency and

overall efficiency of programs.

OTHER SUBSTANTIVE ISSUES

NMCD reports the proposed legislation would give them the following administrative flexibility:

•

Allow inmates to become eligible for earned meritorious deductions by actively participating

in programs recommended by the classification supervisor and approved by the warden’s

designee;

•

Allow inmates to earn good time based on the recommendations of the classification supervi-

sor and the approval of the warden’s designee;

•

To have warden’s designee determine if a locked downed inmate, unable to participate in

programs, should continue to be awarded good time;

•

To have classification supervisor and the warden’s designee make recommendations as to the

number of days lump sum awards for inmates;

•

To have the director of adult prison’s designee approve or determine lump sum awards;

•

To deny eligibility for good time to any prisoner not actively participating in programs rec-

ommended and approved by classification supervisor;

•

To forfeit up to 90 days of an inmate’s good time based on the recommendations of the clas-

sification supervisor and the warden’s designee and the final approval of the designee of the

director of the adult prisons division; and

•

To restore lost good time based on the recommendation of the classification supervisor, the

approval of the warden’s designee, and the final approval of the director of the adult prisons

division.

RLP/njw