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

SPONSOR Fidel

DATE TYPED 2/21/05

HB

SHORT TITLE Out-of-State Inmate Definition

SB 872

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

Attorney General’s Office (AGO)

No Responses

Department of Indian Affairs (DIA)

New Mexico Corrections Department (NMCD)

SUMMARY

Synopsis of Bill

Senate Bill 872 amends the definition of “out-of-state inmate” in the Privately Operated Correc-

tional Facilities Oversight Act. The new definition is a person incarcerated in a privately oper-

ated correctional facility within New Mexico who is being incarcerated on behalf of a state other

than New Mexico or a governmental entity whose jurisdiction is outside the state.

FISCAL IMPLICATIONS

AGO states this amendment of the definition of “out-of-state inmates” could result in increased

revenue for counties in which privately operated correctional facilities are located. AGO reports

the dollar amount would depend on the number of inmates incarcerated on behalf of the United

States government in privately operated correctional facilities within New Mexico.

Senate Bill 872 -- Page 2

OTHER SUBSTANTIVE ISSUES

AGO reports the definition for “out-of-state inmate” would no longer exclude an inmate who is

incarcerated in a privately operated correctional facility within New Mexico and who is incarcer-

ated on behalf of the United States federal government.

AGO states inmates incarcerated on behalf of the United States federal government in privately

operated correctional facilities will now be included in the Privately Operated Correctional Fa-

cilities Oversight Act. AGO reports depending on the number of inmates this measure could re-

sult in increased minimum standards for certain privately operated correctional facilities. Pursu-

ant to Section 33-15-3 NMSA 1978 a privately operated correctional facility proposing to house

ten or more “out-of-state inmates” is required to meet certain minimum standards. The mini-

mum standards include the following:

•

Correctional officers and other security officials must successfully complete background

checks and additional training.

•

The facility must give notice and a written report to certain state and local officials when

certain events occur such as discharge of a firearm, discharge of a chemical agent, hos-

tage situation, death of an inmate, a disturbance involving five or more inmates, an es-

cape or attempted escape, or the commission of a felony offense.

•

The facility must obtain and maintain accreditation by the American Correctional Asso-

ciation.

•

The facility must prepare an Emergency Response Plan.

•

The written contract with a privately operated correctional facility that proposes to house

ten or more out-of-state inmates must provide for these minimum standards.

AGO reports the proposed legislation could result in increased revenue for counties in which a

privately operated correctional facility that houses “out-of-state inmates” is located. AGO states

pursuant to Section 33-15-4(B) NMSA 1978, the operator of these privately operated correc-

tional facilities is required to pay a quarterly fee to the county in which the facility is located.

The amount of the fee is a minimum of $2.00 per inmate per day for each “out-of-state inmate.”

RLP/yr:lg