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

SPONSOR Harden

ORIGINAL DATE

LAST UPDATED

2/8/07

HB

SHORT TITLE Prohibit Deferred Sentences for Trafficking

SB 650

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

$0.1

$0.1

$0.1 Recurring Unknown

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Responses Received From

Administrative Office of the District Attorneys (AODA)

New Mexico Corrections Department (NMCD)

New Mexico Sentencing Commission (NMSC)

Administrative Office of the Courts (AOC)

No Response Received From

Public Defender Department

SUMMARY

Synopsis of Bill

Senate Bill 650 amends Section 30-31-20 NMSA, known as the Controlled Substance Act, to

prohibit the suspension, deferral or taking under advisement of a sentence for a second or

subsequent conviction for the offense of trafficking controlled substances.

FISCAL IMPLICATIONS

NMSC states the proposed legislation will require the Corrections Department to house offenders

for much longer periods of time. NMSC notes the impact will not be felt for a median of 10

years or the shortest prison sentence an offender would receive from the proposed legislation.

NMSC reports an immediate effect would be realized because any offender sentenced to a term

or jail and/or probation prior to this bill would now go to prison.

Senate Bill 650 – Page

2

NMCD states there is no appropriation to cover the costs associated with the mandatory prison

time caused by the proposed legislation. 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 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

AODA states the proposed legislation is of no substantive effect. AODA reports the designated

penalty for a second or subsequent conviction is a first degree felony. AODA states sentences

for first degree felony convictions can not be suspended or deferred under current law. AODA

note Section 31-20-3 NMSA 1978 provides that the court may defer imposition of sentence or

suspend a sentence in whole or in part in “any crime not constituting a capital or first degree

felony." AODA reports because a second conviction for trafficking is a first degree felony

offense, the sentence can never be suspended or deferred.

NMSC states in March 2006, the Corrections Department held 143 individuals for a second and

subsequent trafficking conviction under 30-31-20(B) NMSA 1978. Of that total, 93 were new

commitments or re-admissions. The median sentence length for these individuals was 10 years.

Only 13 or the 93 offenders showed sentences of 18 years or more. Fifteen of the individuals

were serving a new commitment on a probation violation. NMSC reports statute requires

individuals serving time for trafficking to be confined for 50 percent of their sentence.

AOC notes the proposed legislation does not amend Section-30-31-20(C) NMSA 1978, so a

person convicted of a first-degree felony or trafficking within a drug-free school zone might still

have a sentenced suspended, deferred or taken under advisement.

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 any legislation that requires mandatory prison time can negatively affect the

department’s ability to provide services. NMCD notes it will require current staff to attempt to

provide the same level of services to more and more inmates, making it more difficult to provide

adequate services to inmates.

NMSC states the proposed legislation will almost double the amount of time that individuals will

Senate Bill 650 – Page

3

be confined for a second or subsequent trafficking offense thereby increasing the Correction

Department’s need for bed space.

AOC notes new laws, amendments to existing laws and new hearings have the potential to

increase caseloads in the courts requiring additional resources.

RPG/nt