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

SPONSOR Jennings

DATE TYPED 2/22/05

HB

SHORT TITLE Public & Private Prison Recidivism Study

SJM 57

ANALYST Peery

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

Minimal

($75.0 to$100.0)

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Response Received From

New Mexico Corrections Department (NMCD)

No Response

New Mexico Sentencing Commission (NMSC)

SUMMARY

Synopsis of Bill

Senate Joint Memorial 57 requests that the New Mexico Corrections Department study program

requirements and recidivism rates, and make outcome comparisons between public and private

prisons. Corrections Department is to report the results of the study, including any legislative

recommendations, to the interim Corrections Oversight, Courts and Justice Committee by No-

vember 1, 2005.

FISCAL IMPLICATIONS

NMCD states a meaningful study, if one could be done, would require contracting with an out-

side contractor to conceptualize and implement the study. NMCD states funds would be re-

quired for the development of a database in which to manage the data and generate statistical re-

ports of the study.

ADMINISTRATIVE IMPLICATIONS

NMCD reports the study will require the Department to dedicate numerous staff to manage the

Senate Joint Memorial 57 -- Page 2

study, collect data, and interpret it to make genuine correlations.

CONFLICT, DUPLICATION, COMPANIONSHIP OR RELATIONSHIP

House Joint Memorial 85 is very similar.

TECHNICAL ISSUES

NMCD reports the privately operated prisons are not required to participate in this study under

the terms of their contracts with the Department.

OTHER SUBSTANTIVE ISSUES

NMCD states there are numerous hurdles to overcome in order to engage in a study that will

produce any meaningful results. NMCD reports the two primary problems with this comparison

include: 1) the populations served by the publics and privates differ sharply in terms of crucial

behavioral characteristics, the most important of which is their history of violence both in the

community and the prison system; and 2) since inmates frequently transfer between the publics

and privates, neither group can be considered purely a public or a private population, since both

have been housed and programmed in both environments. NMCD states a target population that

has remained in either a private or public prison for a sufficient length of time for meaningful

participation in a recidivism reductions program will probably be a small population not repre-

sentative of the total inmate population.

NMCD reports the only population that public and private prisons share in common are Level III

inmates, which constitute medium security. NMCD states the public prisons serve a much more

heterogeneous population, which includes inmates with minimum, medium and maximum secu-

rity levels. NMCD reports the public prisons serve the most violent inmates, and therefore those

less likely to be rehabilitated, regardless of the programming offered. NMCD states the private

facilities house the inmates that are the most amenable to treatment and most likely to not re-

offend following release. NMCD states a valid comparison would require equivalent popula-

tions. NMCD reports the structure of the existing prison model is such that the private prisons

generally serve the inmates that are the least violent and have the mildest levels of medical and

metal illness. NMCD reports the public prisons disproportionately serve those that are the most

violent and mentally ill. NMCD states a comparison would not be scientifically valid.

NMCD reports the Legislative Finance Committee already has established performance criteria

that the Department must report on an annual basis as part of performance-based budgeting that

includes recidivism. NMCD also reports they have engaged in a long-term study with Dr. James

Austin of Georgetown University to study New Mexico’s recidivism problems.

NMCD reports the Senate Joint Memorial makes the assumption that the programs offered by

private prisons are different from those offered by public prisons. In fact, the programs offered

by private prisons are mandated by contract with NMCD and are the same as those offered in

public prisons. NMCD states differences in the rate of recidivism would not be the result of dif-

ferent programs being offered.

RLP/yr:lg