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

SPONSOR Tsosie

DATE TYPED 03/11/05 HB

SHORT TITLE Navajo Nation Criminal Justice Construction

SB SJM 84/SF1#1

ANALYST Weber

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

Department of Indian Affairs

SUMMARY

Synopsis of SFL#1 Amendment

Senate Floor Amendment One makes minor changes and clarifications that do not change the

substance of the memorial.

Synopsis of Original Bill

Senate Joint Memorial 84 (SJM 84) urges the U.S. Congress to provide thirty-five million seven

hundred thousand dollars ($35,700,000) for new corrections facilities at Shiprock, Crownpoint

and Ramah. It further directs that the New Mexico delegation be made aware of the importance

of improving correction facilities and programs on the Navajo Nation.

Significant Issues:

The Indian Affairs Department contributed the following.

The Navajo Division of Public Safety has over 700 employees who provide services in the

following areas: law enforcement, criminal investigation, corrections, highway safety, and fire

and rescue. Eighty-six percent (86%) of Division funds are from external sources such as federal

Senate Joint Memorial 84/SFL#1 -- Page 2

funding, while fourteen percent (14%) of division funds are from Navajo Nation general funds.

According to the Navajo Nation Division of Public Safety statistics, Navajo Nation law enforce-

ment makes over 38,000 arrests annually, nearly 1,000 of which are major crimes, yet Navajo

Nation detention facilities have bed space for only 103 inmates. Navajo Nation detention facili-

ties have consistently operated at more than sixty percent (60%) above capacity. Due to limited

detention facilities, the Navajo Nation criminal justice system is forced to release less serious

criminal offenders back into communities in order to create more space for serious offenders.

In 2003, Congress approved a priority list of tribal detention facilities to be funded throughout

Indian Country. According to this funding priority list, Navajo Nation would be funded for one

detention facility in Crownpoint (ranked 9

th

) and another detention facility in Shiprock (ranked

11

th

). However, since FY 2003, federal funds have not been appropriated to construct these new

detention facilities in Navajo Nation. As a result of lack of federal funding, Navajo Nation’s

public safety needs remain unmet.

MW/lg:yr