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 Lopez
ORIGINAL DATE
LAST UPDATED
2/14/07
HB
SHORT TITLE Programs for Incarcerated Parents and Kids
SB 881
ANALYST Lucero
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
$3,320.0
Recurring
General Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to SB198; Duplicates HB64 and HB258
Relates to Appropriation in the General Appropriation Act
SOURCES OF INFORMATION
LFC Files
Responses Received From
Children, Youth and Families Department (CYFD)
New Mexico Corrections Department (NMCD)
Public Defender Department (PDD)
SUMMARY
Synopsis of Bill
Senate Bill 881 appropriates three million three hundred twenty thousand dollars ($3,320,000)
from the general fund to the Children, Youth and Families Department for expenditure in fiscal
year 2008 for the following purposes:
•
Two million six hundred thousand ($2,600,000) to contract with community-based
providers to work within local detention facilities to link children and their caretakers to
resources and to facilitate communication and visitation between jailed and incarcerated
parents and their children.
•
Five hundred twenty thousand dollars ($520,000) to contract with four detention facilities
to develop and implement contact visitation programs between jailed and incarcerated
parents and their children.
•
Two hundred thousand ($200,000) for equipment to establish videoconferencing
pg_0002
Senate Bill 881 – Page
2
capability between Children, Youth and Families Department and Corrections
Department detention facilities.
FISCAL IMPLICATIONS
The appropriation of three million three hundred twenty thousand ($3,320,000) contained in this
bill is a recurring expense to the general fund. Any unexpended or unencumbered balance
remaining at the end of fiscal year 2008 shall revert to the general fund.
The appropriation exceeds the amount proposed in the executive budget. The executive
recommended $75,000 for video conference equipment and $150,000 for a contact visitation
program for incarcerated adults and juveniles.
CYFD states that given the tasks and responsibilities needed to provide request for proposals,
contract issuances and program development, it may not be possible to fully implement programs
within the fiscal year. Further, any such programs developed would need future fiscal support to
maintain.
There are no direct fiscal implications for the Corrections Department. The department may
indirectly benefit from this bill if the CYFD money is used to help pay for various visitation
programs between Department inmates and their children.
SIGNIFICANT ISSUES
The bill could positively influence how certain inmates behave in prison and the relationships
between those inmates and their children. A goal is the prevention of intergenerational crime
and incarceration.
Children whose parents have been arrested and incarcerated experience the trauma of sudden
separation from their sole caregiver, and most are vulnerable to feelings of fear, anxiety, anger,
sadness, depression and guilt. They may be moved from caretaker to caretaker. The behavioral
consequences can be severe, absent positive intervention—emotional withdrawal, failure in
school, delinquency and risk of intergenerational incarceration.
PERFORMANCE IMPLICATIONS
This supports a recommendation of the “Blue Ribbon Panel" on Jailed and Incarcerated Parents
appointed by the Governor’s Office under the executive order 2006-022.
The bill could impact the following CYFD strategic plan and federal Child and Family Service
Review performance measure: percent of children who are the subject of substantiated
maltreatment within six months of a prior determination of substantiated maltreatment.
The bill could also impact CYFD’s performance on the federal Child and Family Service Review
Family and Child Well-Being outcomes because families would have enhanced capacity to
provide for their children's needs and for children to receive adequate services to meet their
physical and mental health needs.
pg_0003
Senate Bill 881 – Page
3
ADMINISTRATIVE IMPLICATIONS
If passed, the bill will have an administrative impact on children, youth and families department
that the bill does not address.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
Related to SB198; Duplicates HB64 and HB258.
TECHNICAL ISSUES
The bill is unclear as to whether county jails and state prisons are both beneficiaries of the
programming. Section 1 A, item 1 in the bill mentions “local detention facilities", item 2 is
limited to four detention facilities, while item 3 specifically mentions the correction department
detention facilities.
OTHER SUBSTANTIVE ISSUES
The Public Defender Department states that the majority of people incarcerated will be released
back into the community and to their families at some point in the future. Establishing and
keeping positive ties with family and community is critical in reducing recidivism. The bill may
have a favorable impact on the Department as family contact has been shown to reduce
recidivism.
ALTERNATIVES
None identified.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
Status Quo.
DL/csd