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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 2/8/07 HB 932

SHORT TITLE Violent Felonies for Sentencing

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

$1.0

Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Responses Received From

Administrative Office of the Courts (AOC)

Attorney General’s Office (AGO)

New Mexico Corrections Department (NMCD)

No Responses Received From

Administrative Office of the District Attorneys

New Mexico Sentencing Commission

Public Defender Department

Children, Youth and Families Department

SUMMARY

Synopsis of Bill

House Bill 932 amends Section 31-18-25 NMSA 1978 to include sexual contact of a minor in the

second or third degree within the definition of “violent sexual offense" as used in the Criminal

Sentencing Act of Section 31-18-1 NMSA 1978. Individuals convicted of two violent sexual

offenses must be sentenced to life imprisonment.

FISCAL IMPLICATIONS

NMCD states it is difficult to determine just how many more life sentences will result from the

proposed legislation. NMCD reports one life sentence, 30 years, costs approximately $720 thou-

sand. NMCD notes there is no appropriation in the proposed legislation to cover the costs of in-

carcerating even one more person given a life sentence.

House Bill 932 – Page

2

NMCD states the annual cost of incarcerating an inmate is $23,867 per year for males and

$21,651 per year for females. The cost per client in probation and parole for a standard supervi-

sion program is $1,467 per year, for an intensive supervision program is $3,383 per year, for a

NMCD community corrections program is $3,503 per year, for a privately-owned community

corrections program is $7,917 per year, and for male and female residential community correc-

tions program is $39,401 per year.

AOC states there will be minimal administrative cost for statewide update, distribution and

documentation of statutory changes. AOC reports any additional fiscal impact on the judiciary

would be proportional to the enforcement of this law and appeals from convictions. AOC notes

new laws, amendments to existing laws and new hearings have the potential to increase

caseloads in the courts requiring additional resources.

SIGNIFICANT ISSUES

NMCD states by expanding the definition of a violent sexual offense to include criminal sexual

contact of a minor in the second or third degree, it is more likely that a person will be convicted

of two violent offenses leading to a sentence of life imprisonment. NMCD reports the proposed

legislation will increase the prison population by a minimal to moderate amount.

PERFORMANCE IMPLICATIONS

AOC states the proposed legislation may have an impact on performance measures pertaining to

cases disposed of as a percent of cases filed and percent change in case filings by case type.

ADMINISTRATIVE IMPLICATIONS

NMCD states individuals given life sentences sometime are management problems. NMCD re-

ports these inmates are more likely to attempt to cause prison disturbances and often are very li-

tigious and difficult to work with. NMCD states these inmates sometimes require a lot of atten-

tion from prison administration.

AOC states as penalties become more severe, defendants may invoke their rights to trial and their

right to trail by jury. AOC notes more trials and more jury trials will require additional judge

time, courtroom staff time, courtroom availability and jury fees.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

The proposed legislation has relationships to House Bill 520, House Bill 773, Senate Bill 468

and Senate Bill 467.

RPG/sb