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

SPONSOR Ortiz y Pino

DATE TYPED 2/18/05

HB

SHORT TITLE Law Enforcement Review Boards

SB 829

ANALYST Peery

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Corrections Department (NMCD)

Bernalillo County Metro Court (BCMC)

Administrative Office of the Courts (AOC)

Municipal League

No Responses

Administrative Office of the District Attorneys (AODA)

Attorney General’s Office (AGO)

Department of Public Safety (DPS)

Association of Counties

SUMMARY

Synopsis of Bill

Senate Bill 829 would permit the state and its political subdivisions to create law enforcement

review boards that would oversee the conduct of law enforcement agencies and their officers

throughout the state. The board would have the power to administratively investigate complaints

and institute discipline against law enforcement officers for unethical behavior, dishonorable

conduct, civil rights violations and excessive use of force.

Senate Bill 829 -- Page 2

ADMINISTRATIVE IMPLICATIONS

NMCD reports they could absorb the administrative burden and cost associated with screening

prospective correctional officer applicants to ensure that they are eligible for hire under the pro-

visions of this bill.

OTHER SUBSTANTIVE ISSUES

NMCD states the proposed legislation would have a minimal impact on the Department’s ability

to hire qualified correctional officers. Generally, the pool of applicants that NMCD reviews and

hires from does not contain a significant number of applicants transferring from the law en-

forcement field who could potentially have any adverse disciplinary history stemming from the

law enforcement review board.

The Municipal League states the proposed legislation is not necessary due to there already being

authority. The Municipal League reports Santa Fe and Albuquerque already have boards in

place.

RLP/lg