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

SPONSOR Ryan

ORIGINAL DATE

LAST UPDATED

1/29/07

HB

SHORT TITLE No Parole for Life Imprisonment

SB 468

ANALYST Peery-Galon

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

NA Unknown Unknown Unknown Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Responses Received From

New Mexico Corrections Department (NMCD)

Administrative Office of the Courts (AOC)

New Mexico Sentencing Commission (NMSC)

Public Defenders Department (PDD)

Response Not Received From

Administrative Office of the District Attorney (AODA)

SUMMARY

Synopsis of Bill

Senate Bill 468 amend Section 31-18-23 NMSA 1978 to require individuals convicted of three

designated violent felonies, first degree felonies resulting in the death of a child, two violent sex-

ual offenses or a capital felony to serve life sentences of 30 years without possibility of parole.

The proposed legislation also amends Section 31-21-10 NMSA 1978 to eliminate the duties and

finding required of the Parole Board for these types of offenses.

Senate Bill 468 – Page

2

FISCAL IMPLICATIONS

NMCD notes there is no appropriation in the proposed legislation. NMCD reports that in the

long term, the proposed legislation could result in minor to moderate increases in costs to the de-

partment. NMCD reports that in approximately 30 years, the proposed legislation could result in

substantial increases in costs to the department resulting for the need to house these offenders

who might otherwise have been released on parole. NMCD states the proposed legislation will

increase costs in medical treatment as these inmates sentenced to life without possibility of pa-

role become elderly. NMCD reports 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.

AOC states the proposed legislation will add a minimal administrative cost for statewide updates,

distribution and documentation of statutory changes. AOC notes any additional fiscal impact on

the judiciary would be proportional to the enforcement of this law and commenced prosecutions.

SIGNIFICANT ISSUES

NMCD reports inmates who are sentenced to prison with no possibility of parole are much more

likely to be a management problem. NMCD states these inmates have no incentive to comply

with prison rules or regulations.

ADMINISTRATIVE IMPLICATIONS

NMCD states the proposed legislation, in the short and long term, could result in minimal to

moderate increase in administrative burden upon prison personnel who may be required to ad-

dress problems associated with a more difficult to manage group of inmates.

AOC reports new laws, amendments to existing laws and new hearings have the potential to in-

crease caseloads in the courts requiring additional resources to handle the increase.

PDD states legislation resulting in increased sentences always create the possibility that more

criminal defendants will proceed to trail instead of accepting a plea offer. PDD reports this will

result in an increased caseload and additional court time for the department’s attorneys. PDD

also states because of the severity of the sentence, sentences resulting in the imposition of life or

life without the possibility of parole will be appealed, possible increasing appellate caseload for

the department, the Attorney General’s Office, and the appellate courts.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

The proposed legislation is a duplication of House Bill 520 and a companion to Senate Bill 467.

Senate Bill 468 – Page

3

OTHER SUBSTANTIVE ISSUES

PDD notes the companion bill Senate 467 amends Section 31-18-23 NMSA 1978 to add addi-

tional convictions for which a defendant may receive a life sentence. PDD states Senate Bill 467

would greatly increase the number of offenses included under the definition of violent felony.

RPG/nt