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

SPONSOR Maestas and Stewart

ORIGINAL DATE

LAST UPDATED

1/23/07

2/23/07 HB 271/aHAFC

SHORT TITLE Identifying Minors & Dependents Upon Arrests

SB

ANALYST Peery-Galon

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

NA

$100.0

$0.0

$100.0 Non-

Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Responses Received From

Public Defender (PD)

Department of Public Safety (DPS)

Children, Youth and Families Department (CYFD)

New Mexico Municipal League

No Response Received From

Association of Counties

SUMMARY

Synopsis of HAFC Amendment

The House Appropriation and Finance Committee amendment to House Bill 271 removes the

appropriation of $100 thousand and the language regarding the appropriation.

Synopsis of Original Bill

House Bill 271 appropriates $100.0 from the general fund to the Department of Public Safety for

the purpose of developing guidelines, protocols and a training program for law enforcement

officers on ensuring child safety upon the arrest of a parent or guardian.

The proposed legislation requires that a law enforcement officer during an arrest inquire whether

an individual is a parent or guardian of minor or dependent children who may be at risk because

of the arrest. Also, the proposed legislation requires that DPS consult with CYFD to develop

guidelines and a training program for law enforcement officers for ensuring child safety upon the

arrest of a parent or guardian.

House Bill 271/aHAFC – Page

2

FISCAL IMPLICATIONS

The appropriation of $100.0 contained in this bill is a non-recurring expense to the general fund.

Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert

to the general fund.

CYFD states the proposed legislation could potentially result in an increase in the number of

children coming to the attention of the department who are in need of protection which would

translate into increased foster care cost. CYFD reports an estimate of the cost cannot be made as

it is unknown how many children will require the department’s involvement.

SIGNIFICANT ISSUES

CYFD reports the proposed legislation is consistent with the recommendations of the Governor’s

Blue Ribbon Commission on the Welfare of Children of Jailed and Incarcerated Parents.

CYFD states the proposed legislation would require DPS to implement the curriculum and law

enforcement would have to implement the provision of identifying minors and ensuring their

safety prior to the development of the guidelines and training curriculum.

PERFORMANCE IMPLICATIONS

CYFD states the early identification of children who are left without appropriate parental care as

a result of incarceration should improve outcomes for these children. CYFC reports an increase

in the number of children in the protective services system could impact the department’s

performance on percent of children in foster care for 12 months with no more than two

placement settings and percent of children who are the subject of a substantiated report of

maltreatment within six months of a prior determination.

ADMINISTRATIVE IMPLICATIONS

DPS reports the additional four hours of training would be divided within several blocks of

instruction to meet the requirements of the proposed legislation. DPS adds that the program is

already within the Law Enforcement Academy in several blocks of instruction, but there is no

specific lesson plan in the curriculum.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

The proposed legislation is a duplication of Senate Bill 198.

RPG/mt