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

SPONSOR Williams

ORIGINAL DATE

LAST UPDATED

1/27/06

2/2/06 HB 516

SHORT TITLE Lincoln County Inmate Reimbursement

SB

ANALYST Peery

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

$359.9

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Corrections Department (NMCD)

New Mexico Sentencing Commission (NMSC)

Attorney General’s Office (AGO)

NM Association of Counties (NMAC)

SUMMARY

Synopsis of Bill

House Bill 516 appropriates $359.9 from the general fund to the State Board of Finance for the

purpose of reimbursing Lincoln county for the cost of housing individuals charged with or con-

victed of a violation of state law who:

•

have violated parole or are charged with a parole violation;

•

while on parole, are charged with a violation of local, state, tribal, federal or international

law;

•

are awaiting transportation and commitment to the Corrections Department following the

pronouncement of a judgment, sentence or an order of confinement;

•

are charged with a violation of probation by the Corrections Department or by a district

court;

•

are sentenced, ordered or removed by the district court to incarceration in a county detention

facility for a felony conviction; or

•

are incarcerated on the basis of an arrest-and-hold order on a warrant issued by the Correc-

tions Department.

House Bill 516 – Page 2

FISCAL IMPLICATIONS

The appropriation of $359.9 contained in this bill is a recurring expense to the general fund. Any

unexpended or unencumbered balance remaining at the end of fiscal year 2007 shall revert to the

general fund.

NMSC states the rate of reimbursement established in the bill is the actual cost per day for hous-

ing each prisoner incarcerated in that county’s detention facility. NMSC reports the State Board

of Finance would also reimburse the county the cost of providing ancillary services to prisoners.

These ancillary services are medical, prescription drug, dental, mental health, vision, ambulatory

and transportation.

SIGNIFICANT ISSUES

NMSC conducted a study for the New Mexico Association of Counties to provide a count of in-

dividuals held on felony charges in six detention facilities in New Mexico on June 30, 2003 and

estimate the annual cost of housing four categories of felony arrestees throughout the state.

NMSC updated the cost estimates based on arrestees held on June 30, 2005.

NMSC reports that the legislature could modify the definition of “state prisoner” to include

fewer or more inmates. NMSC states the definition of “state prisoner” will control whether costs

continue to be borne by the counties or are passed to the state.

The AGO reports the proposed legislation does not address the issue of how much a county can

bill the State Board of Finance for housing an individual for a day.

ADMINISTRATIVE IMPLICATIONS

NMCD reports there would me minimal to moderate administrative burden placed on the de-

partment due to providing certain information, such as the names of individuals on probation and

parole who have an arrest and hold order placed on them, to the State Board of Finance to help

the board verify the incarceration costs for purposes of reimbursing the county.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

The proposed legislation has a relationship to House Bill 414, House Bill 426, House Bill 498,

House Bill 587, House Bill 564, House Bill 563, House Bill 264, Senate Bill 411, Senate Bill

308, Senate Bill 532, Senate Bill 546 and Senate Bill 419.

ALTERNATIVES

In the 2004 legislative session, the Legislature gave counties increased taxing authority of a new

1/16

th

of countywide general purpose authority, and expanded 1/8

th

countywide for maintaining

and constructing detention facilities as well as extraditing and transporting state prisoners. The

New Mexico Association of Counties reports 18 counties have enacted this new authority and

others are considering an increase in their local taxes to meet the escalating cost of housing pris-

oners.

RLP/mt