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

SPONSOR King

ORIGINAL DATE

LAST UPDATED

1/27/07

2/05/07 HB 316/aHHGAC

SHORT TITLE County Detention Facility Reimbursement Act

SB

ANALYST Propst

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

None

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates SB 410; Duplicates appropriation in the General Appropriation Act for $5,000.0

Relates to HB 357 and SB 192

SOURCES OF INFORMATION

LFC Files

Responses Received From

NM Department of Corrections (CD)

SUMMARY

Synopsis of Amendment

The amendment proposed by the sponsor and adopted by the HHGAC strikes the $5,000.0

appropriation contained in the bill.

Synopsis of Original Bill

Enacting the County Detention Facility Reimbursement Act; Providing Reimbursement to

Counties for the Costs of Incarceration of Certain Persons Convicted of a Felony; Creating the

County Detention Facility Reimbursement Fund; Making an Appropriation.

House Bill 316 creates a new County Detention Facility Reimbursement Fund in the State

Treasury, to be administered by the State Treasurer and distributed through the Local

Government Division of the Department of Finance and Administration. The bill appropriates

$5,000.0 from the General Fund to the new Fund for expenditure in FY08 and subsequent years.

FISCAL IMPLICATIONS

The appropriation of $5,000,000 contained in this bill is a recurring expense to the General Fund.

Any unexpended or unencumbered balance remaining at the end of FY08 does not revert to the

General Fund.

House Bill 316 – Page

2

SIGNIFICANT ISSUES

The bill would appropriate $5,000.0 from the County Detention Reimbursement Fund to

distribute to counties to assist them with their costs of incarceration of certain felony offenders.

A felony offender is defined as a person convicted of a felony and sentenced to confinement in a

facility designated by the Correction Department who (1) has been released from confinement

and is a dual supervision offender (on both probation and parole) and has violated his parole or is

charged with a parole violation; or has violated probation or is charged with a probation

violation; or while on parole, is charged with a violation of local, state, tribal, federal or

international law; or (2) has been released from confinement and is serving a parole term and has

violated his parole or is charged with a parole violation; or while on parole, is charged with a

violation of local, state, tribal, federal or international law; or (3) is awaiting transport and

commitment to the Corrections Department following the revocation of parole or a sentencing

hearing for a felony conviction. The distribution would be based primarily on a formula

developed by the NM Sentencing Commission (NMSC) with an additional amount set aside for

smaller counties with demonstrated need.

NMSC has already developed a methodology for distributing funds to counties based on the ratio

of a county’s eligible offenders and all eligible offenders. Thirty-thousand of the appropriation

would go to NMSC to maintain the data for the formula. The Commission would provide LGD a

list of counties with the appropriate share of the distribution. LGD would distribute $30,000

from the CDRF to NMSC for data maintenance and 70 percent of the remaining appropriation to

counties according to the NMSC formula. The balance will be reserved for small counties

designated as needing additional resources due to inadequate base revenues by LGD. The

projected distribution would be as shown in the table below.

Distribution of Appropriation for County Detention

Distribution

Percent of

Estimated Cost

Distribution

Percent of Estimated

Cost

BERNALILLO

823,148

$

24%

MCKINLEY

70,729

$

2%

CATRON

6,013

0%

MORA

-

0%

CHAVES

55,109

2%

OTERO

89,710

3%

CIBOLA

144,008

4%

QUAY

29,533

1%

COLFAX

22,647

1%

RIO ARRIBA

61,876

2%

CURRY

103,146

3%

ROOSEVELT

31,243

1%

DE BACA

8,015

0%

SAN JUAN

276,156

8%

DONA ANA

368,201

11%

SAN MIGUEL

70,062

2%

EDDY

124,889

4%

SANDOVAL

234,770

7%

GRANT

36,060

1%

SANTA FE

349,797

10%

GUADALUPE

12,631

0%

SIERRA

5,756

0%

HARDING

-

0%

SOCORRO

19,922

1%

HIDALGO

16,419

0%

TAOS

24,267

1%

LEA

198,219

6%

TORRANCE

54,815

2%

LINCOLN

57,978

2%

UNION

4,194

0%

LOS ALAMOS

18,673

1%

VALENCIA

104,209

3%

LUNA

56,806

2%

* Mora and Harding Counties use San Miguel or De Baca facilities.

Total Amount Distributed Using NMSC Formula

3,479,000

$

NMSC Data Maintenance

30,000

Additional funds for counties with insufficient tax base

1,491,000

TOTAL APPROPRIATION

5,000,000

$

House Bill 316 – Page

3

The sponsor offered an amendment to HB 316 to strike the $5,000.0 appropriation contained in

the original bill. The House Health and Government Affairs Committee adopted the amendment

to HB 316.

PERFORMANCE IMPLICATIONS

Instead of requiring that the Corrections Department administer the fund, the bill creates the fund

in the State Treasurer and DFA will administer it to the counties for the incarceration costs of

housing certain offenders. The Corrections Department agrees that the fund would be best

administered by DFA or the State Treasurer. The Corrections Department reports that the bill

may increase the Corrections Department’s administrative or fiscal costs, as discussed below in

the Administrative Implications section.

ADMINISTRATIVE IMPLICATIONS

The Corrections Department reports that the bill could have no or only a minimal administrative

effect on the Department since the State Treasure will administer the fund and pay the bills

unless it routinely receives requests for large amounts of information from either the Treasurer or

DFA in an attempt to ensure that the counties are properly counting the number of felony

offenders they are incarcerating, this could place a negative administrative burden on the

Department.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

HB 316 relates to SB 192 and HB 357 and duplicates SB 410. Additionally, HB 316 duplicates a

provision of the General Appropriations Act for FY08 which contains a $5,000,000 recurring,

General Fund appropriation for the same purpose.

The major difference between HB 357 and HB 316 is that HB 316 contains a provision

allocating 30 percent of the fund to counties other than Class A counties that are designated by

DFA as needing additional resources due to inadequate base revenues. Additionally, HB 357

calls on the State Treasurer to administer the program while HB 316 administers the program

through the Local Government Division of DFA.

ALTERNATIVES

A $5,000.0 appropriation is included in the General Appropriations Act for this purpose.

WEP/sb:csd