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

Maestas

ORIGINAL DATE

LAST UPDATED

2/21/07

HB 1294

SHORT TITLE

Bribery of Public Officer Penalties

SB

ANALYST C. Sanchez

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Department of Corrections (DOC)

Bernalillo County Metropolitan Court (BCMC)

SUMMARY

Synopsis of Bill

House Bill 1294 amends NMSA 30-24-1 to increase the penalty for bribery of a public officer or

employee from a third to second degree felony if the value of the bribe is greater than $20,000.

HB 1294 likewise amends NMSA 30-24-2 and 30-40-1 to increase the penalty for public officers

and employees who demand/receive or solicit a bribe, respectively; when the value of the bribe

exceeds $20,000.

Bribery of a public officer or employee is currently a third degree felony, as is demanding or

receiving a bribe by a public officer or public employee. Soliciting or receiving an illegal

kickback is currently a fourth degree felony, as is offering or paying an illegal kickback.

FISCAL IMPLICATIONS

According to the Correction Department, since second and third degree felonies carry longer

prison sentences than fourth degree felonies, the bill is likely to increase the prison population by

House Bill 1294 – Page

2

a minimal to moderate amount. Further, fourth degree felonies only carry a one year parole term,

while higher degree felonies carry a two year parole term. Thus, the Correction Department’s

parole caseloads are likely to increase by a minimal to moderate amount. There is no

appropriation in the bill to cover these increased costs to the Department.

The contract/private prison annual cost of incarcerating an inmate is $23,867 per year for males.

The cost per client to house a female inmate at a privately operated facility is $21,651 per year.

Because state owned prisons are essentially at capacity, any net increase in inmate population

will be housed at a contract/private facility.

The cost per client in Probation and Parole for a standard supervision program is $1,467 per year.

The cost per client in Intensive Supervision programs is $3,383 per year. The cost per client in

department-operated Community Corrections programs is $3,503 per year. The cost per client in

privately-operated Community Corrections programs is $7,917 per year. The cost per client per

year for male and female residential Community Corrections programs is $39,401.

PERFORMANCE IMPLICATIONS

The Courts and Corrections Department will probably be able to absorb any increased workloads

caused by the bill without increasing its FTEs and without any negative effect on the Correction

Department’s provision of services to prisoners and parolees.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Status Quo

CS/mt