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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 Changes

SB 600

ANALYST Peery

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

SEE

NARATIVE

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

New Mexico Corrections Department (NMCD)

Parole Board (PB)

Public Defender Department (PDD)

No Response

New Mexico Sentencing Commission (NMSC)

SUMMARY

Synopsis of Bill

Senate Bill 600 amends Section 33-2-34, NMSA 1978, to provide for a maximum of 30 days per

month earned meritorious deductions to prisoners convicted of nonviolent offenses following

parole revocation for a reason other than the alleged commission of a new felony offense or ab-

sconding from parole. The proposed legislation states that prisoners convicted of violent of-

fenses are not eligible for earned meritorious deductions following parole revocation.

Senate Bill 600 -- Page 2

PERFORMANCE IMPLICATIONS

NMCD reports the proposed legislation could improve the performance of the Department’s pri-

sons by potentially reducing the number of technical parole violators in the prisons leading to

staff having more time and resources to devote to the safe housing of those remaining inmates.

FISCAL IMPLICATIONS

NMCD reports the proposed legislation could have a minimal to moderate positive fiscal impact

on the Department by reducing the number of technical parole violators in the prison system.

NMCD estimates that 40 to 50 nonviolent technical parole violators are sent back to prison in

any given year.

ADMINISTRATIVE IMPLICATIONS

NMCD states it will be a positive administrative impact to the extent the proposed legislation

gives prison staff more time, resources and prison bed space to perform their prison operation

duties.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

AOC states the proposed legislation conflicts with Senate Bill 63, Senate Bill 236, Senate Bill

599, Senate Bill 601, House Bill 420, House Bill 421 and House Bill 505.

OTHER SUBSTANTIVE ISSUES

NMCD reports the proposed legislation would help slow the rate of prison growth by allowing

non-violent technical parole violators to be released or discharged from prison earlier because of

earning larger amounts of good time. The bill would not allow non-violent inmates who have

their parole revoked because of the alleged commission of a new crime or for absconding from

parole to earn up to 30 days of good time a month. Their good time after their parole is revoked

would still be limited to a maximum of 4 days per month, in accordance with Section 33-2-34

(A) (3) NMSA 1978.

RLP/njw