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

SPONSOR Fox-Young

ORIGINAL DATE

LAST UPDATED

1/23/08

HB 254

SHORT TITLE Additional Violent Felonies for Sentencing

SB

ANALYST Peery-Galon

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

Public Defender Department (PDD)

Administrative Office of the Courts (AOC)

Administrative Office of the District Attorneys (AODA)

No Responses Received From

New Mexico Sentencing Commission

New Mexico Corrections Department

Department of Public Safety

SUMMARY

Synopsis of Bill

House Bill 254 amends Section 31-18-23 NMSA 1978 to expand the list of violent felonies in

the Criminal Sentencing Act that will trigger a mandatory sentence of life imprisonment to

include:

•

Voluntary manslaughter,

•

Third degree aggravated battery,

•

Third degree aggravated battery against a household member,

•

Second or third degree shooting at a dwelling or occupied building,

•

Second of third degree shooting at or from a motor vehicle,

•

First degree kidnapping,

•

First or second degree criminal sexual penetration,

•

Second or third degree criminal sexual contact of a minor,

House Bill 254 – Page

2

•

First or second degree robbery,

•

Second degree aggravated arson,

•

Third degree aggravated batter upon a peace officer,

•

Assault with intent to commit a violent felony upon a peace officer, and

•

Aggravated assault upon a peace officer.

A person convicted of three violent felonies, where at least the third conviction is in New

Mexico, is subject to a mandatory sentence of life imprisonment. Under the proposed

legislation, in a proceeding to enhance a defendant’s sentence, each violent felony must have

been committed after the defendant’s conviction for the preceding violent felony.

FISCAL IMPLICATIONS

AOC states there will be a minimal administrative cost for statewide update, distribution and

documentation of statutory changes. Any additional fiscal impact on the judiciary would be

proportional to the enforcement of this law and appeals from convictions.

PDD states the proposed legislation may significantly increase prison populations and notes this

was the result of California’s three-strikes law. 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.

AODA states the proposed legislation does not specifically include appropriations, however the

fiscal implications for trying the cases that will be generated will likely be significant. The

proposed legislation will likely create a situation where defendants will choose to take their third

case to trial rather than plead due to a mandatory life sentence. If this occurs the impact on

prosecution and the judiciary may be affected in terms of scheduling the increased number of

trials.

SIGNIFICANT ISSUES

AOC notes the proposed legislation adds nine offenses to the list of violent felonies and amends

four others that will trigger New Mexico’s three-strikes rule. AOC notes as penalties increase,

potential life imprisonment tends to inspire defendants to retain attorneys and demand jury trials.

Indigent offenders are entitles to public defender services.

AODA state the proposed legislation would allow the State of New Mexico to criminally punish

those individuals who continue to commit violent offenses. It also specifies that there must be

three violent felony convictions, separate and distinct from each other, and only certain

enumerated violent offenses would apply.

PERFORMANCE IMPLICATIONS

AOC states the proposed legislation may have an impact on the measures of the district courts in

the following areas: cases disposed of as a percent of cases filed and percent change in case

filings by case type.

House Bill 254 – Page

3

ADMINISTRATIVE IMPLICATIONS

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

increase caseloads in the courts, thus requiring additional resources to handle the increase. Life

imprisonment cases take up a considerable amount of judicial time. AOC states the proposed

legislation may increase the work that needs to done by the courts and require additional

resources to handle the increased workload.

OTHER SUBSTANTIVE ISSUES

AODA states although the amendment does not indicate notice to be sent to defendant, it would

be prudent for the state to add an initial notice pleading whenever this sentencing option is

pursued.

RPG/mt