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F I S C A L I M P A C T R E P O R T
SPONSOR
Maestas
ORIGINAL DATE
LAST UPDATED
1/22/08
HB
206
SHORT TITLE
Background Info for Defendants Posting Bond
SB
ANALYST C. Sanchez
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY08
FY09
$298.2
Recurring
General
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to,
HB 2 includes $50 thousand for a background investigator FTE for Bernalillo County
Metropolitan Court.
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)
FY08
FY09
FY10 3 Year
Total
Cost
Recurring
or Non-
Rec
Fund
Affected
Total
Indeterminable
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Administrative Office of the Courts (AOC)
Bernalillo County Metropolitan Court (BCMC)
SUMMARY
Synopsis of Bill
House Bill 206 provides for an appropriation of $298,200 in FY08 from the general fund to the
Bernalillo County Metropolitan Court to hire staff and related expenses to perform more
comprehensive background investigations of criminal defendants posting bond at the Bernalillo
County Metropolitan Court or the metropolitan detention center or responding to criminal
summonses at the Bernalillo County Metropolitan Court. Unused funds at the end of FY 09 shall
revert to the general fund.
pg_0002
House Bill 206 – Page
2
FISCAL IMPLICATIONS
The Bernalillo County Metropolitan Court’s proposed operating budget is as follows:
Four full-time Background Investigators
One full-time Pretrial Services Supervisor
Annual cost of the five full-time employees $278,100
Education and Training of staff; equipment, $20,000
Supplies and database fees _______________
TOTAL $298,200
The initial cost of the program of $298,200 in fiscal year 2009 is subject to increased costs
resulting from any increases in salaries and the costs of benefits for the five FTEs.
SIGNIFICANT ISSUES
According to the AOC, this program would expand the Court’s limited test program, which
provides more in-depth background investigations of each defendant during the arraignment and
bonding process. The background investigations would help judges determine if a defendant has
a criminal history and represents a potential danger and/or flight risk.
The Bernalillo County Metropolitan Court implemented a trial project on approximately one-
third of the highest risk cases to provide judges with enhanced background investigations of each
defendant arrested on charges of domestic violence (DV) and/or driving while intoxicated
(DWI). In addition to reviewing the Court’s own database, searches of various New Mexico
state and federal sources were conducted, including the NCIC criminal history database. This
trial project resulted in a more thorough background investigation procedure, revealing a
defendant’s criminal history from outside of New Mexico.
PERFORMANCE IMPLICATIONS
The appropriation of $298,200 will allow the Court to augment its current limited test program
and increase community safety by making it possible to hire, train and equip five additional staff
members and expand the Court’s background investigation procedures.
ADMINISTRATIVE IMPLICATIONS
This appropriation will allow the Court to check the following additional records for all criminal
defendants:
•
Local and national warrants on NCIC;
•
Metropolitan Court criminal history;
•
NCIC criminal history;
•
State of New Mexico probation and parole history;
•
Pending federal cases and federal probation;
•
State of New Mexico judiciary database; and
•
Motor Vehicle Division database.
In addition, the Court would be able to notify other governmental agencies of the new offenses(s)
with which any criminal defendant is charged.
pg_0003
House Bill 206 – Page
3
OTHER SUBSTANTIVE ISSUES
The following table is a representative comparison of the results obtained from the existing test
project at the Bernalillo County Metropolitan Court utilizing the enhanced background
investigation process. This test uncovered criminal histories that would have gone undetected
utilizing the standard background investigation procedure.
CHARGE
CURRENT
PROCEDURE
PROPOSED PROCEDURE
DWI 1
st
No Criminal History *14 misdemeanor arrests (8 UT; 2 CA; 2 OK; 1
Cuba, NM; 1 Aztec, NM)
*8 DWI arrests
*6DWI convictions
*5 felony arrests (2 UT; 1 CA; 2 OK)
*2 felony convictions
Battery DV
No Criminal History *12 misdemeanor arrests (2 CA; 10 FL
*3 misdemeanor convictions
*6 felony arrests (2 CA; 3 FL; 1 TN)
*2 felony convictions
*fugitive from justice on homicide charges (TN)
Assault DV
1 Misdemeanor Arrest
(DWI NG)
*12 misdemeanor arrests (11 CA; 1 NM)
*9 misdemeanor convictions
*12 felony arrests (CA)
*voluntary manslaughter conviction (CA)
*6 felony convictions
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
Status Quo.
CS/bb