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

SPONSOR HFC

ORIGINAL DATE

LAST UPDATED

1/23/08

1/30/08 HB 252/aHJCS

SHORT TITLE 2

nd

District Community Custody Program

SB

ANALYST Peery-Galon

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

$250.0 Non-Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY08

FY09

FY10 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

$0.1

$0.1

$0.1 Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Human Services Department (HSD)

Administrative Office of the Courts (AOC)

New Mexico Corrections Department (NMCD)

Adult Parole Board

SUMMARY

Synopsis of Substitute

The House Judiciary Committee Substitute for House Bill 252 appropriates $250.0 from the

general fund to the New Mexico Corrections Department to contract for the provision of drug

treatment and mental health services to offenders under the jurisdiction of the Second Judicial

District Drug Court.

FISCAL IMPLICATIONS

The appropriation of $250.0 contained in this bill is a non-recurring expense to the general fund.

House Bill 252/HJCS – Page

2

Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert

to the general fund.

HSD reports any behavioral health services provided to Medicaid-eligible individuals would be

eligible for federal match if all the following criteria are met:

•

The service must be a benefit under the New Mexico Medicaid State Plan;

•

The provider must be credentialed as a Medicaid provider of that service as part of the

ValueOptions New Mexico contracted provider network; and

•

The provider is providing services in accordance with his or her licensure.

NMCD states if the proposed legislation results in probationers and parolees assigned to the

Second Judicial District Drug Court successfully completing that program, it reduces the chances

of them violating their conditions of probation or parole and their chances of being sent to prison

on a probation or parole violation. NMCD reports this could lead to minimal to moderate

decreases in prison population.

Based on FY06 actual expenditures, the average annual cost to incarcerate an individual in a

NMCD correctional facility is $31,239, and the average annual cost of probation and

parole/community corrections client is $1,343.

Adult Parole Board states the proposed legislation would provide needed funds to ensure

adequate intervention and services in this drug court. If the intervention intended is successful, it

should reduce recidivism which would have positive long-tem fiscal implications. The Adult

Parole Board notes that a recurring appropriation might be in order rather than a one-time

appropriation.

SIGNIFICANT ISSUES

HSD states that the New Mexico Corrections Department, as part of the Behavioral Health

Collaborative, directs the single state entity to secure providers of mental health and substance

abuse treatment services to provide treatment to offenders participating in the Second Judicial

Drug Court. HSD notes that the appropriation of additional general funds in the proposed

legislation is not in the Executive budget recommendation.

AOC states the House Judiciary Committee Substitute for House Bill 252 clarifies the purpose of

the treatment funds. The drug court program at the Second Judicial District Court is the oldest

drug court in New Mexico and the second largest program in the state. It works with over 200

participants a year, repeat offenders who are often self-medicating for underlying mental

illnesses, such as schizophrenia, severe depression or bipolar disorders. AOC reports the

majority of the Second Judicial District Drug Court participants indicate their primary drug of

choice is methamphetamine. Abusers of methamphetamine require greater services than those

abusing other drugs, such as marijuana, alcohol and even cocaine. AOC states the funds

appropriated in the proposed legislation would allow for an increased level of treatment intensity

necessary to help those abusing methamphetamine, and the diversity of treatment necessary to

help those with underlying mental health problems.

NMCD states the House Judiciary Committee Substitute for House Bill 252 clarifies that the

department will use the funding in the proposed legislation to obtain treatment for offenders in

the Second Judicial District Drug Court.

House Bill 252/HJCS – Page

3

PERFORMANCE IMPLICATIONS

HSD notes the proposed legislation relates to the governor’s performance and accountability

contract’s goal to improve behavioral health through and interagency and collaborative model

and measure to provide enhanced services for high-risk and high-need individuals. It also relates

to the New Mexico Behavioral Health Collaborative draft goal to reduce the adverse effects of

substance abuse and mental illness.

NMCD notes that drug court participants truly need drug treatment, and the proposed legislation

would help ensure treatment for Second Judicial District Drug Court offenders for fiscal year

2009.

ADMINISTRATIVE IMPLICATIONS

AOC states that over the long term, successful treatment of even more participants should lead to

a decrease in court workload as such participants recover sufficiently to lead more normal, law-

abiding lives.

RPG/mt