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 Griego

ORIGINAL DATE

LAST UPDATED

2/20/07

3/5/07 HB

SHORT TITLE Small County Detention Facility Reimbursement

SB 1181/aSJC

ANALYST Propst

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$4,000.0

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Finance and Administration (DFA)

SUMMARY

Synopsis of SJC Amendment

Clarifies the definition of “eligible county" to be a “qualifying county" as opposed to the original

language of “small county."

Synopsis of Original Bill

Senate Bill 1181 appropriates $4,000.0 from the General Fund to the Small County Detention

Facility Reimbursement Fund to distribute to counties that meet the requirements of being

"eligible" as defined under the Small Counties Assistance Act, NMSA 4-61-1 through 4-61-3.

For FY 2007, those counties were Catron, Cibola, Curry, De Baca, Grant, Guadalupe, Harding,

Hidalgo, Luna, Mora, Quay, Rio Arriba, Roosevelt, San Miguel, Sierra, Socorro, Taos, Torrance,

and Union. This appropriation is to assist the designated counties with their costs of incarceration

of certain felony offenders.

FISCAL IMPLICATIONS

The appropriation of $4,000.0 contained in this bill is a recurring expense to the General Fund.

Senate Bill 1181/aSJC – Page

2

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

General Fund.

SIGNIFICANT ISSUES

SB 1181 appropriates $4,000.0 from the General Fund to the Small County Detention Facility

Reimbursement Fund for distribution to selected counties to assist them with their costs of

incarceration of certain felony offenders. A felony offender is defined as a person convicted of a

felony and sentenced to confinement in a facility designated by the Correction Department who

(1) has been released from confinement and is a dual supervision offender (on both probation

and parole) and has violated his parole or is charged with a parole violation; or has violated

probation or is charged with a probation violation; or while on parole, is charged with a violation

of local, state, tribal, federal or international law; or (2) has been released from confinement and

is serving a parole term and has violated his parole or is charged with a parole violation; or while

on parole, is charged with a violation of local, state, tribal, federal or international law; or (3) is

awaiting transport and commitment to the Corrections Department following the revocation of

parole or a sentencing hearing for a felony conviction.

The distribution would be based primarily on a formula developed by the NM Sentencing

Commission (NMSC) with an additional amount set aside for smaller counties with

demonstrated need. NMSC has already developed a methodology for distributing funds to

counties based on the ratio of a county’s eligible offenders and all eligible offenders. $30.0 of the

appropriation would go to NMSC to maintain the data needed to maintain the formula. The

Commission would provide LGD a list of counties with the appropriate share of the distribution.

LGD would distribute $30.0 from the CDRF to NMSC for data maintenance and 70% of the

remaining appropriation to counties according to the NMSC formula. The balance will be

reserved for counties designated as needing additional resources due to inadequate base revenues

by LGD.

SB 1181 defines "eligible county" as " a small county as defined in the Small Counties

Assistance Act …" Those counties that qualified in FY 2007 for funds according to The Small

Counties Assistance Act, Sections 4-61-1 through 4-61-3 are: Catron, Cibola, Curry, De Baca,

Grant, Guadalupe, Harding, Hidalgo, Luna, Mora, Quay, Rio Arriba, Roosevelt, San Miguel,

Sierra, Socorro, Taos, Torrance, and Union.

OTHER SUBSTANTIVE ISSUES

Distributions, annually on or before January 30, would provide 70% of the new Fund to eligible

counties, less $30.0 to the New Mexico Sentencing Commission with the fund remainder going

to counties designated by the Department of Finance and Administration Local Government

Division as needing additional resources due to inadequate base revenues.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Relates to HB 316, SB 410, HB 357, & SB 192.

WEP/nt