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

SPONSOR Papen

ORIGINAL DATE

LAST UPDATED

2/08/07

2/20/07 HB

SHORT TITLE Dona Ana Jail Diversion Project

SB 846/aSJC

ANALYST Propst

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$180.0

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Health (DOT)

Department of Finance and Administration (DFA)

Human Services Department (HSD)

Public Defenders Department (PDD)

SUMMARY

Synopsis of SJC Amendment

The Senate Judiciary Committee amendment strikes “local government division of the

department of finance and administration" and inserts “behavioral health services division of the

department of health."

Synopsis of Original Bill

Senate Bill 846 appropriates $180.0 to the Local Government Division to support a jail diversion

project for nonviolent, mentally ill misdemeanor detainees in Dona Ana County.

FISCAL IMPLICATIONS

The appropriation of $180.0 contained in this bill is a recurring expense to the General Fund.

Any unexpended or unencumbered balance remaining at the end of FY08 shall revert to the

General Fund.

Senate Bill 846/aSJC – Page

2

SIGNIFICANT ISSUES

The Department of Health, Behavioral Health Services Division currently contracts for "Jail

Diversion Services" with appropriations from the Executive Budget that fund these services in

the Las Cruces and Roswell areas.

Approximately $90.0 was allocated for each of these two areas in 2006.

ADMINISTRATIVE IMPLICATIONS

DOH, DFA and HSD note that, while DFA is a member of the Interagency Behavioral Health

Purchasing Collaborative, historically it is not a purchaser of mental health treatment or jail

diversion services. The Behavioral Health Services Division, which historically has been the

purchaser of jail diversion services for people with mental illness, would be a more suitable

location for this appropriation.

TECHNICAL ISSUES

Language in the appropriations state that the appropriation is to support a "jail diversion" project

for mentally ill "detainees". The wording detainees and jail diversion may be conflicting.

According to Department of Corrections and Department of Health, detainees refer to

incarcerated individuals and jail diversion refers to clients that may receive sentencing that may

not include incarcerated individuals.

WEP/nt:csd