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

SPONSOR Powdrell-Culbert

ORIGINAL DATE

LAST UPDATED

1/23/08

1/29/08 HB 271a/HJC

SHORT TITLE Bernalillo County Sex Offender Housing Program

SB

ANALYST Propst

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

$250.0

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Corrections Department (NMCD)

SUMMARY

Synopsis of House Judiciary Committee Amendment

On page 1, line 13, after “PRISON" insert “TO COUNSELING WITH THE RELEVANCY

PROGRAM AND THE DEPARTMENT OF CORRECTIONS".

Synopsis of Original Bill

House Bill 171, Making an Appropriation for a Community Housing Program in Bernalillo

County for Sex Offenders and Others Released from Prison, appropriates $250.0 thousand from

the general fund to DFA for the purpose of a sex offender housing program in Bernalillo County.

FISCAL IMPLICATIONS

The appropriation of $250.0 thousand contained in this bill is a recurring expense to the general

fund. Any unexpended or unencumbered balance remaining at the end of FY09 shall not revert to

the general fund.

SIGNIFICANT ISSUES

NMCD notes that Finding appropriate housing for former prisoners, especially convicted sex

offenders, and especially in Bernalillo County, is always challenging. Many sex offenders often

House Bill 271a/HJC – Page

2

serve at least some of their parole terms in prison instead of out in the community because it is

difficult for them to obtain an approved parole plan. A parole plan (containing where the person

will live, who he will live with, etc.) approved by the parole board is required by law before the

convicted offender can serve any of his parole period out of the prison and in a community. By

providing housing, this bill could enable more offenders to serve their parole periods in their

communities instead of having to remain in prison. If it does, it could lead to a minimal to

moderate decrease in NMCD’s prison population.

Further, by providing appropriate housing (and the stable environment that usually arises from

such housing), this bill makes it more likely that these offenders will not violate their conditions

of parole or probation, and will not commit new crimes after completing their periods of

probation or parole. This could have a minimal to moderate long-term decrease in NMCD’s

probation/parole caseloads, as well as to its prison population.

The contract/private prison annual cost of incarcerating an inmate is $25,455 per year for males.

The cost per client to house a female inmate at a privately operated facility is $25,805 per year.

Because state owned prisons are essentially at capacity, any net increase in inmate population

will be housed at a contract/private facility.

The cost per client in Probation and Parole for a standard supervision program is $1,019 per year.

The cost per client in Intensive Supervision programs is $5,151 per year. The cost per client in

Community Corrections is $4,589 per year. The cost per client per year for male and female

residential Community Corrections programs is $25,593.

NMCD also notes that it may prove difficult for any housing program that will house sex

offenders to become established in the City of Albuquerque/Bernalillo County. The City may

use its zoning ordinances in such a way as to make it difficult if not impossible to find an

approved location for the housing.

The non-recurring nature of the appropriation may also cause problems. Sex offenders and other

offenders who have to move out of the housing program after the appropriation is spent may

have a difficult time finding other suitable housing arrangements. These offenders may end up

in prison if they fail to cope properly with the loss of their housing.

The appropriation is not clear as to what services it intends to cover-is it only housing, or does it

include counseling, job search assistance, etc.. Also, is the community housing program in the

form of a housing project, or in the form of finding individual housing for individual offenders.

Finally, will the housing be long term or only short term. The exact parameters of the program

are not defined in the bill.

ADMINISTRATIVE IMPLICATIONS

NMCD notes that the bill would probably make it easier for NMCD prison and probation/parole

staff to place offenders released from prison into suitable housing, and would make it easier for

NMCD staff to help secure parole for offenders who previously often had to serve their parole

terms in prison (on in-house parole).

There are no programs of this type in the state. There is a small sex offender treatment program

(STOP) at the Behavioral Health Institute in Las Vegas, NM; however, there is a waiting list and

House Bill 271a/HJC – Page

3

the entrance criteria are strict. If this money were appropriated for this program in Sandoval and

Bernalillo counties, there would have to be some oversight to ensure that staff is licensed and

have appropriate credentials to deal with these offenders.

WEP/bb