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A MEMORIAL
REQUESTING THE NEW MEXICO SENTENCING COMMISSION, THE
LEGISLATIVE FINANCE COMMITTEE AND THE DEPARTMENT OF FINANCE
AND ADMINISTRATION TO COLLABORATE ON DEVELOPING A METHOD FOR
MEASURING THE FISCAL IMPACT OF LEGISLATION THAT MODIFIES
CRIMINAL PENALTIES.
WHEREAS, appropriations to the corrections department
approached three hundred million dollars ($300,000,000) in
fiscal year 2008, representing an increase of more than
eleven percent from the previous year; and
WHEREAS, since 1980, the number of adult prisoners in
New Mexico has increased by more than four hundred forty
percent, and the corrections department projects an increase
of another thirty-seven percent by the year 2016, requiring
bed space for approximately nine thousand three hundred
sixty-five inmates; and
WHEREAS, the number of adult prisons has increased since
1980 from one facility to twelve facilities, with a
thirteenth facility under construction to house six hundred
prisoners this summer; and
WHEREAS, despite additional facilities in Clayton,
Springer and Albuquerque, the corrections department may face
overcrowding sometime between 2009 and 2011; and
WHEREAS, the case loads of probation and parole officers
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continue to increase, compromising public safety and offender
rehabilitation and reentry; and
WHEREAS, in 2007, a law was enacted requiring real-time
global positioning monitoring of all sex offenders on parole,
which will cost millions of dollars in technology and
additional personnel, and, although some costs were provided
in a narrative, no fiscal impact was estimated for that
legislation; and
WHEREAS, fiscal impact reports generated during a
legislative session do not account for the fiscal impact of
bills that increase or decrease criminal penalties, create
new crimes, impose or remove mandatory minimum terms of
imprisonment, require specific technology for monitoring
probationers or parolees or modify the law in such a way that
the time served in prison or on probation or parole increases
or decreases; and
WHEREAS, there are computer models, research and data
available that can assist in forecasting the fiscal impact of
such legislation;
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE
STATE OF NEW MEXICO that the legislative finance committee,
the department of finance and administration and the New
Mexico sentencing commission be requested to collaborate on
establishing a method, if feasible, to measure the fiscal
impact of legislation that increases or decreases criminal
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penalties, creates new crimes, imposes or removes mandatory
minimum terms of imprisonment, requires specific technology
for monitoring probationers or parolees or modifies the law
in such a way that the time served in prison or on probation
or parole increases or decreases; and
BE IT FURTHER RESOLVED that the legislative finance
committee, the department of finance and administration and
the New Mexico sentencing commission determine what computer
models, technology, research, data and personnel are
necessary to enable the legislative finance committee to
generate fiscal impact reports in a timely manner on
legislation that affects criminal penalties; and
BE IT FURTHER RESOLVED that the legislative finance
committee, the department of finance and administration and
the New Mexico sentencing commission report the results of
their study to the appropriate interim legislative committee
during the 2008 interim; and
BE IT FURTHER RESOLVED that copies of this memorial be
transmitted to the chair of the legislative finance committee,
the chair of the New Mexico sentencing commission, the
secretary of finance and administration, the director of the
legislative finance committee and the executive director of
the New Mexico sentencing commission.