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

SPONSOR Campos

DATE TYPED 3-7-05

HB

SHORT TITLE Las Vegas Medical Center Sex Offender Program

SB 968

ANALYST Collard

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$659.0

Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Defender Department (NMPD)

Corrections Department (NMCD)

SUMMARY

Synopsis of Bill

Senate Bill 968 appropriates $659 thousand from the general fund to DOH for the purpose of

funding 6.5 full-time FTE to staff the sex offender treatment program and overhead costs at Las

Vegas Medical Center. This bill contains an emergency clause.

Significant Issues

NMPD indicates, based on extensive research, the Sexual Offender Management Board (SOMB)

identified in-patient treatment as an essential component for reducing the sexual assault rate in

New Mexico. Following a national trend, SOMB concluded that the most reliable way to reduce

the number of sex crimes committed is to reduce the number of people interested in committing

these crimes. Incarceration temporarily removes offenders from the community but without any

treatment, their return to the community put those communities at risk.

Several years ago, the Legislature made an appropriation to build and staff the sexual offender

program at Las Vegas Medical Center, a 24-bed sex offender treatment facility for sex offenders

leaving NMCD. The new, secured facility was built, but the funds for staffing the program were

inadequate and only 14 beds were opened. This appropriation would enable the program to use

the full 24-bed capacity for which the facility was designed and built.

Senate Bill 968 -- Page 2

SOMB's research determined that the program had achieved significant positive results with the

population it treated. The program had identified and was using the "best practices" supported by

imperial research and was, by all measures, cost-effective. Fully funding the program was rec-

ommended by SOMB because it would increase the number of individuals who could be treated

and could enable the program to serve as a state-of-the-art training facility for other programs in

New Mexico and nationally.

PERFORMANCE IMPLICATIONS

NMPD notes anything that reduces the number of individuals committing sex crimes reduces the

caseloads of Public Defender attorneys. Sexual assault cases are among the most expensive cases

handled by NMPD because so many of them go to trial, require the use of experts on both sides,

and can only be assigned to the most highly trained (i.e., most expensive) attorneys.

NMCD indicates the provisions of this bill will have a positive effect on NMCD’s Probation and

Parole Division and will enhance the division’s ability to supervise sex offenders.

FISCAL IMPLICATIONS

The appropriation of $659 thousand contained in this bill is a recurring expense to the general

fund. The money is appropriated “for expenditure in fiscal year 2005 and subsequent fiscal

years.” Any unexpended or unencumbered balance remaining at the end of a fiscal year shall re-

vert to the general fund.

NMCD indicates enactment of the bill will likely result in decreased costs of incarcerating sex

offenders in the department. The availability of additional beds at the program at Las Vegas

Medical Center may allow the Parole Board to approve more parole plans for incarcerated sex

offenders.

DUPLICATION

Senate Bill 968 duplicates House Bill 924.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

NMCD notes many sex offenders will be required to do in-house parole at various department

facilities due to the lack of secure treatment beds in the community. Sex offenders that complete

their parole in-house subsequently return to the streets without the type of supervision that en-

hances the offender’s treatment/improvement or community safety.

KBC/lg