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

SPONSOR Martinez

ORIGINAL DATE

LAST UPDATED

1/24/07

3/15/07 HB

SHORT TITLE Corrections Population Control Act Changes

SB 194/aSPAC/aHCPAC

ANALYST Peery-Galon

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Response Received From

New Mexico Corrections Department (NMCD)

No Responses Received From

New Mexico Sentencing Commission (NMSC)

SUMMARY

Synopsis of the HCPAC Amendment

The House Consumer and Public Affairs Committee amendment to Senate Bill 194 changes the

definition of overcrowding back to the current definition in statute. Currently, overcrowding is

defined in statute as when the rated capacity of all male or female facilities exceeds 100 percent

of its rated capacity for 60 consecutive days.

Synopsis of the SPAC Amendment

The Senate Public Affairs Committee amendment to Senate Bill 194 adds new language to not

allow nonviolent offenders that fail drug screening test within ten days of the offender’s

scheduled release to be considered for early release under the Corrections Population Control

Act.

Synopsis of Original Bill

Senate Bill 194 repeals the sunset provision of the Corrections Population Control Act which

established the Corrections Population Control Commission. The proposed legislation removes

Senate Bill 194/aSPAC/aHCPAC – Page

2

the secretary of NMCD as the chairman of the commission, but allows the secretary to remain a

member of the commission. The proposed legislation would amend the Act in the following

ways:

•

Redefining overcrowding to mean when the rated capacity of any one facility exceeds

100 percent of its rated capacity for a certain defined period,

•

Removing language that prevents nonviolent offenders from being released early from

prison if the offender fails a drug screening test within ten days the offender’s scheduled

release, and

•

Removing language that prevents nonviolent offenders from being released early from

prison if the effect of releasing the offender would result in a loss of federal funds for any

state agency.

FISCAL IMPLICATIONS

NMCD states if the proposed legislation results in the early release of certain prisoners, it will

probably minimally to moderately reduce the prison population and minimally to moderately

increase the caseloads of probation and parole officers.

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

supervision 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 corrections program is $39,401 per year.

SIGNIFICANT ISSUES

NMCD states by amending the Act to define overcrowding to mean when the rated capacity of

any one facility exceeds 100 percent of its rated capacity for a certain defined period, as opposed

to all male facilities in the aggregate or all female facilities in the aggregate, makes it more likely

to result in the early release of nonviolent offenders.

NMCD states serious concern about public safety whenever any inmate is released early from

one of its prisons. NMCD reports an individual defined by law as a nonviolent offender does not

prevent the individual from engaging in new crimes of a serious nature. NMCD points out DWI

offenders could be considered by the commission to be nonviolent offenders subject to early

release. NMCD also expresses concern about the commission considering a nonviolent offender

for early release if that offender has recently tested positive for illegal drugs while in prison.

NMCD states offenders under the influence of drugs upon release are obviously at a higher risk

of committing another crime due to drug induced poor judgment or in order to get money to buy

more drugs.

NMSC’s report “Estimated Number of Offenders in New Mexico Corrections Department

Facilities in November 2006 Eligible for Controlled Release" states 69 nonviolent offenders with

a level 1 custody assignment had a projected release date, 12 months or less, that would have

made them eligible for controlled release. Further, the report shows 160 nonviolent offenders

with a level 2 final custody assignment had a projected release that would have made them

eligible for controlled release. Offenders serving time on a drug possession conviction

comprised the largest group followed by burglary convictions and fraud convictions. The

Senate Bill 194/aSPAC/aHCPAC – Page

3

analysis did not include violent offenders, sex offender, DWI offenders or individuals serving

time on a drug trafficking offense.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

The proposed legislation is a duplication of House Bill 272.

ALTERNATIVES

NMCD endorses the following changes to the proposed legislation:

•

Nonviolent offenders who fail a drug test with ten days of release continue to be

ineligible for early release,

•

Current provisions requiring the consideration of early release only when the rated

capacity of all female facilities in the aggregate or all male facilities in the aggregate

remains in effect, and

•

Change language on page 7, line 9 and 10, to state “if the nonviolent offender was

convicted of a crime that was committed while incarcerated."

Defining overcrowding to mean when the rate capacity of any security level (I, II, III, IV, V, or

VI), male or female, exceeds 100 percent of its rated capacity for a defined period. NMCD

historically struggles with the lack of security level III male inmate beds. By redefining

overcrowding by security level it targets specifically where inmate beds are lacking, which is not

always reflected by a correctional facility housing anywhere from one to six different security

levels.

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