Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

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

SPONSOR Snyder

DATE TYPED 03/14/05 HB

SHORT TITLE Probation and Parole Officer Assignment Study

SB SJM 85

ANALYST McSherry

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

Minimal Non-Rec General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Corrections Department (CD)

Administrative Office of the Courts (AOC)

Attorney General’s Office (AGO)

SUMMARY

Synopsis of Bill

Senate Joint Memorial 85 proposes to request that the Administrative Office of the Courts con-

duct a study to determine the most effective manner to assign probation and parole officers who

are at least partially assigned to the 2

nd

Judicial District drug court, but are employed by the Cor-

rections Department.

The study is proposed to include findings of the fiscal impacts that would result from shifting the

officers from Corrections to the Court including benefits, and any other consequences of such a

transfer by October 1, 2005 to the “appropriate” interim legislative committee.

Significant Issues

Though this Joint Memorial requires that the Corrections Department should be consulted in the

study, the study is primarily under the control of the Administrative Office of the Courts. This

appears to be a conflict of interest to place the study in the responsibility of the study in the ad-

ministrative office of one of the two agencies which the results of the study could impact.

Senate Joint Memorial 85 -- Page 2

According to the Corrections Department, the probation/parole officers that work with the drug

court in the 2

nd

District also perform work for the Department. CD asserts that if the 2

nd

Judicial

District were to gain those FTE’s at the expense of the Corrections Department, the Albuquerque

Probation/Parole Office will have to distribute the workload of those transferred FTE’s to the

already over-extended Probation/Parole Officers who remain in the Albuquerque office which

would diminish the ability of the Albuquerque office to adequately supervise offenders, and may

impact public safety.

FISCAL IMPLICATIONS

There is no appropriation proposed in this memorial. Probation officers in the judiciary are typi-

cally paid at a higher rate than those in the Corrections Department.

ADMINISTRATIVE IMPLICATIONS

The study could impact administrative workload from AOC

CD asserts that the loss of allocated FTE’s without b replacement would have a negative admin-

istrative impact.

OTHER SUBSTANTIVE ISSUES

The memorial raises concerns related to the efficacy of probation officers if they are working at

the direction of the Judges from the Second Judicial District Drug Court, but are actually em-

ployed by the Department of Corrections.

The responsibility of the proposed study is proposed to be AOC, which could be a conflict of in-

terest.

ALTERNATIVES

The study could be taken on by a more neutral party to the issue, or a joint effort involving both

affected agencies could be proposed.

EM/lg