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

SPONSOR McSorley

ORIGINAL DATE

LAST UPDATED

2/14/07

HB

SHORT TITLE Lifetime Sex Offender Parole Supervision

SB 932

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

NA Unknown Unknown Unknown Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Responses Received From

Administrative Office of the Courts (AOC)

Attorney General’s Office (AGO)

New Mexico Corrections Department (NMCD)

Administrative Office of the District Attorneys (AODA)

Public Defender Department (PDD)

No Response Received From

New Mexico Sentencing Commission

SUMMARY

Synopsis of Bill

Senate Bill 932 amends Section 31-21-10.1 NMSA 1978 to provide for the possibility of lifetime

parole for persons convicted of the following sex offenses: criminal sexual penetration in the first

or second degree, criminal sexual contact of a minor in the second or third degree, and sexual

exploitation of children by prostitution in the first or second degree. The amendments provides

for a period of parole from five to 20 years for the following sex offenses: kidnapping when

committed with intent to inflict a sexual offense upon the victim, criminal sexual penetration in

the third degree, criminal sexual contact of a minor in the fourth degree, and sexual exploitation

of children in the second degree. The proposed legislation provides for parole board review of

the duration of the sex offender’s supervised parole every two and one-half years following the

initial review following the initial five years of supervised parole. The Attorney General is to

bear the burden of proving by a preponderance of the evidence that the sex offender should

remain on parole. SB 932 also adds criminal sexual contact of a minor in the fourth degree to the

definition of “sex offender" for the purpose of determining period, terms and conditions of

parole.

Senate Bill 932 – Page

2

FISCAL IMPLICATIONS

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.

NMCD reports the proposed legislation will have a minimal to moderate effect on the probation

and parole caseloads. NMCD states it is difficult to determine just how many offenders will be

on life-time parole, especially since the attorney general must prove that the parole should

continue. 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.

AGO states it is unclear the number of hearing per year and the amount of effort required by the

office. AGO reports additional costs will include travel throughout New Mexico due to the

hearings being in the judicial district where the parole provision was imposed pursuant to the

judgment and sentence or in the judicial district where the parolee resides.

SIGNIFICANT ISSUES

AOC reports that as penalties become more severe, defendants may invoke their right to trail and

their right to trial by jury. More trials and jury trials will require additional judge time,

courtroom staff time, courtroom availability and jury fees. Also, AOC notes the proposed

legislation lowers the standard of proof required for the Attorney General to prove that a sex

offender should remain on parole from a “reasonable certainty" to a “preponderance of the

evidence" standard.

AODA states the proposed legislation gives discretion to the courts. One person convicted of

criminal sexual penetration in the first degree may receive five years of parole while another

person may receive a lifetime of parole.

The language of the proposed legislation puts the burden on the Attorney General in proving that

a sex offender should remain on parole. NMCD states this clarification is helpful due to the

department’s position that it is a conflict of interest for NMCD to supervise sex offenders on

parole and also be responsible for proving that the sex offender should remain on parole.

AGO states it is unclear why a period of two and one-half years is necessary period of review.

AGO notes it might be more reasonable to have a period of every five years, especially if the

potential for hearings for the lifetime parole are contemplated.

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.

Senate Bill 932 – Page

3

ADMINISTRATIVE IMPLICATIONS

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

increase caseloads in the courts requiring additional resources.

NMCD states there may be a need to hire additional probation and parole officers if numerous

sex offenders have to serve life time paroles.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

The proposed legislation has relationships with Senate Bill 439, Senate Bill 528, Senate Bill 735,

House Bill 578, House Bill 63 and House Bill 918.

PDD states it appears the proposed legislation has some conflicting language. Senate Bill 932

amends Section 21-21-10.1 (A) (1) NMSA 1978 to provide that certain sex offenders would be

on parole for between five and 20 years, the maximum being 20 years. Also, Senate Bill 932

amends Section 21-21-10.1 (C) NMSA 1978 to require that a sex offender reappear before a

parole board every two and one-half years, regardless of whether the maximum end date of

supervision has passed. PDD states it is the reviewers understanding that according to the

proposed legislation, a sex offender who was past the 20 year maximum period of parole would

still have to appear before a parole board every two and one-half years.

OTHER SUBSTANTIVE ISSUES

AGO notes the Sex Offender Management Board has not completed a risk and needs assessment

for sex offenders. The proposed legislation indicates that the parole board will determine the

terms and conditions of supervised parole with this type of assessment available.

ALTERNATIVES

AGO states instead of their office, the district attorneys should be charged with the duty and

responsibility to attend any hearing regarding the review of supervised parole conditions or

counsel from the Probation and Parole Division of the Corrections Department.

AMENDMENTS

AODA suggests the proposed legislation have a longer minimum period of parole for first and

second degree offenses, such as a minimum of 20 years, or amending the proposed legislation to

limit the court’s discretion.

AGO states it is unclear whether the proposed legislation applies to current sex offenders who

would qualify for supervised parole or for crimes committed after the effective date of the

legislation. AGO reports the legislative intent should be clear to avoid challenges to the

applicability and meaning of the law.

RPG/mt