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 Rehm

ORIGINAL DATE

LAST UPDATED

2/06/07

HB 657

SHORT TITLE Community Service in Lieu of Probation Costs

SB

ANALYST Peery-Galon

REVENUE (dollars in thousands)

Estimated Revenue

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

FY09

NA

Minimal

Minimal Minimal

Various

(Parenthesis ( ) Indicate Revenue Decreases)

SOURCES OF INFORMATION

Responses Received From

Administrative Office of the Courts (AOC)

New Mexico Corrections Department (NMCD)

Bernalillo County Metro Court (BCMC)

Public Defender Department (PDD)

No Response Received From

Adult Parole Board

SUMMARY

Synopsis of Bill

House Bill 657 amends Section 31-12-3 NMSA 1978 to require probationers or parolees unable

to pay fine, fees or costs in a criminal proceeding to perform community service. Currently,

statute allows the court to order community service, but does not require the courts to do so. The

proposed legislation eliminates the court’s authority to reduce the amount of the fine to be paid,

or revoke the fine entirely. The proposed legislation amends Section 31-20-6 NMSA 1978 to

mandate a probationer’s performance of community service and allow credit towards the unpaid

probation costs at an amount equal to the prevailing federal hourly minimum wage. The

community service to be performed may not be suspended or deferred, and the labor must be a

type to benefit the public at large, charitable entities or educational entities. Also, the proposed

legislation amends Section 31-21-10 NMSA 1978 to prohibit the Parole Board from waiving a

parolee’s costs if unable to pay and instead would mandate a parolee’s performance of

community service.

House Bill 657 – Page

2

FISCAL IMPLICATIONS

NMCD states the proposed legislation removes a provision from current law allowing the

probation and parole division to go back to court to seek a rescission of the court’s earlier

determination that the defendant is unable to pay his probation fees if financial circumstances

subsequently change so that the defendant is now able to pay the costs. NMCD reports the

proposed legislation will cause a minimal reduction in department revenues.

AOC states the proposed legislation may produce a slight alteration in the amount of money

collected for various funds. AOC reports the proposed legislations elimination of some

proceedings to determine whether a defendant remains insolvent both in the trial court and before

the parole board will produce a small cost savings. Also, the AOC notes a minimal

administrative cost for statewide update, distribution and documentation of statutory changes.

ADMINISTRATIVE IMPLICATIONS

AOC reports as the total amount of time of community service to which defendants are

sentenced to pay off fines, fees and cost increases, there will be an increased administrative

burden to the courts to keep track of additional community service hours.

OTHER SUBSTANTIVE ISSUES

BCMC states current operating procedures within the Metropolitan Court to sentence offenders

who are unable to pay fines and/or probation costs to community services.

RPG/csd