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

SPONSOR Chasey

ORIGINAL DATE

LAST UPDATED

1/21/08

2/1/08

HM 3/aHJC

SHORT TITLE Female Inmate Issues Task Force

SB

ANALYST Peery-Galon

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

$0.1

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)

Duplicates to HJM10, Relates to SJM 14

SOURCES OF INFORMATION

LFC Files

Responses Received From

Central New Mexico Community College

Administrative Office of the District Attorneys (AODA)

Commission on the Status of Women

New Mexico Corrections Department (NMCD)

Adult Parole Board

Human Services Department (HSD)

No Responses Received From

Children, Youth and Families Department (CYFD)

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee amendment of House Memorial 3 makes the following changes:

House Memorial 3/aHJC – Page 2

•

On page 2, line 18, after “facilities" inserts “at the national level";

•

On page 3, line 6, after “implemented" strikes the remainder of the line and strikes lines

7, 8 and 9 up to the semicolon;

•

On page 3, line 21, after “the “ strikes “second judicial district attorney’s office" and

inserts “New Mexico district attorneys association"; and

•

On page 4, line 12, after “force" strikes “implement" and inserts “assist in

implementing".

Synopsis of Original Bill

House Memorial 3 calls for the secretary of the New Mexico Corrections Department to

assemble a task force consisting of the warden of the New Mexico Women’s Correctional

Facility, the warden of the Camino Nuevo Correctional center, representatives from Corrections

Corporation of America, correctional medical services, the adult probation and parole division of

the New Mexico Corrections Department, the Children, Youth and Families Department, the

New Mexico Women’s Justice Project, the Commission on the Status of Women, the

archdiocese of Santa Fe, the judiciary, Central New Mexico Community College, a rape crisis

center, the Second Judicial District Attorney’s Office, community practitioners in behavioral

health and substance abuse treatment, former women inmates who have completed their

sentences, including probation or parole, and other interested and appropriate parties to

implement the recommendations of the Senate Joint Memorial 48 task force.

The task force is to review the environment, programs, services, policies and procedures at the

two female correctional facilities, including intake, classification, screening and assessment,

discharge planning, vocational skill development, mental health, behavioral health and substance

abuse services, interpersonal violence and trauma, parenting and family connections, visitation,

gender-informed training protocols, staff training, sexual misconduct and compliance with the

federal prison Rape Elimination Act of 2003. The task force is to implement the

recommendations of the National Institute of Corrections and work with a representative of the

institution, if feasible. Also, the task force is to encourage community collaborations and

partnerships to create innovative and unique solutions for the female inmate population and to

improve the readiness of women to reintegrate back into their communities.

The members of the task force are to report to the appropriate interim legislative committee

during the 2008 interim on the progress of the task force; the implementation of

recommendations made by the 2002 Senate Joint Memorial 48 task force and the national

guidelines for gender-responsive facilities and services; and any further findings,

recommendations and solutions that may be effective for the female prison population.

FISCAL IMPLICATIONS

AODA states there would be costs associated with any implementation of new and/or different

programs with the New Mexico Corrections Department; however, without specifics provided in

the proposed legislation the exact implications are hard to assess. AODA notes in addition to

start-up costs for the guidelines and potential programs, there would be costs associated with

compensating members of the newly organized task force, hiring and compensation of any

additional personnel needed to carry out the solutions proposed by the task force.

HSD states the House Judiciary Committee amendment of House Memorial 3 holds no specified

House Memorial 3/aHJC – Page 3

fiscal implications for the department as written. HSD states significant fiscal implications

would arise if the Task Force includes representatives of the Behavioral Health Planning Council

or department staff is involved as “appropriate parties" in reviewing implications for adult

populations leaving correctional facilities. HSD notes the most significant fiscal implications

would arise as a result of any recommendations that might be made for additional services that

are not already provided.

SIGNIFICANT ISSUES

NMCD states the House Judiciary Committee amendment of House Memorial 3 is still based on

several clearly erroneous assertions or assumption. NMCD states it fails to recognize the

following:

•

That all of the concerns of the earlier task force have already been addressed by NMCD;

•

That the operation of and programming at the two female correctional facilities has been

and continues to be audited and evaluated by the American Correctional Association;

•

That another task force (HM72 of the 2007 Session) formed by the Attorney General of

New Mexico is already assessing NMCD’s correctional facilities, including the female

facilities, to see if an independent oversight entity should be placed over NMCD’s

facilities;

•

That NMCD already provides a substantive amount of gender specific programming for

its female inmates via a contractor;

•

That NMCD is already consulting with the National Institution of Corrections (NIC)

about gender specific programming for females in prison;

•

That NMCD has already received and will continue to receive training in the area of

gender specific programming for female prisoners from (NIC); and

•

That NMCD is already consulting with NIC about complying with the national standards

that will be promulgated pursuant to the Prison Rape Elimination Act of 2003 for

addressing alleged sexual misconduct in its male and female facilities.

Central New Mexico Community College reports it plays an active role in assisting female

inmates with reintegration into the community. The college offers the Placebound Program to

female inmates at the Metropolitan Detention Center in Albuquerque. During the 2006-2007

academic years, about 390 female inmates participated in the program. The program offers GED

training and testing to inmates without a high school diploma, and offers courses that can lead to

career and technical certificates and associates degrees to those who qualify. Heavy emphasis is

placed on advising and mentoring female inmates about lifestyle changes. Once a Placebound

Program participant is released, she is eligible for a Making the Future Bright scholarship that

will allow her to transition to Central New Mexico Community College.

AODA states if in fact New Mexico implements the national guidelines and establishes new or

different programs for female inmates that are better suited to address the issues of females

specifically, the long-term result may be a reduction in the number of female inmates. The

implementation of such programs may also lead to better alternatives for female offenders who

might not otherwise be placed on probation in lieu of incarceration.

NMCD reports it is working with and seeking technical assistance from the National Institute of

Corrections (NIC), a nationally recognized group comprised of correctional experts, to ensure

that NMCD’s female correctional facilities are operated in a gender specific fashion. NMCD

reports if NIC makes recommendations to the secretary regarding changes to the operation of

House Memorial 3/aHJC – Page 4

Camino Nuevo or the New Mexico Women’s Correctional Facility, the secretary will follow

those recommendations to the extent feasible.

NMCD notes Secretary Williams is scheduled to attend a 36-hour NIC training program

regarding the operational practices in women’s prison. Helen Carr, NMCD’s Deputy Director of

Female Offender Services, will also be attending the NIC gender specific training. The training

will include, among other things, gender differences as those related to treatment, classification,

programs and services. NMCD notes that Ms. Carr has received intensive NIC training entitled

“An Agency Approach to Gender Specific Programming", and her article “A Women-Centered

Approach for Female Offenders in New Mexico" was published in the August 2007 issue of

ACA’s Corrections Today Magazine. Also, NMCD reports that Gender Specific Trauma

Informed Training is already being provided to staff working with female offenders.

Adult Parole Board states the proposed legislation would presumably assist in assuring that all

appropriate considerations pertaining to female inmates are applied. The Adult Parole Board

notes this would theoretically be an advantage to the females who are placed on parole.

HSD states the recommendations of the Senate Joint Memorial 48 task force in 2002 were made

prior to the creation of the interagency Behavioral Health Purchasing Collaborative, which

includes both NMCD and the HSD Behavioral Health Services Division, which is a single state

mental health authority for adults and single state substance abuse authority. HSD notes that the

Department of Health was the lead agency on a comprehensive analysis of the behavioral needs

and gaps in New Mexico, including those affecting women in and leaving correctional facilities.

HSD states the Behavioral Health Planning Council’s Adult and Substance Abuse

subcommittees are comprised of consumers, family members, providers, advocates and state

staff, and could review the Senate Joint Memorial 48 recommendations without the necessity of

additional administrative and fiscal consequences or creation of a new group.

PERFORMANCE IMPLICATIONS

AODA notes that if such changes are shown to be effective, the possible implications would be

that there may be lighter case loads for prosecutors, fewer over-crowding issues within facilities,

lighter caseloads for law enforcement, and overall lower recidivism rates among female

offenders.

HSD states the proposed legislation relates to the following Collaborative Behavioral Health

Strategic Plan: Goal II: reduce the adverse effects of substance abuse and mental illness. 3.

Persons in custody or at risk of incarceration and those leaving jails, prisons, juvenile justice

facilities and their families receive adequate and appropriate services, which are recovery-

focused, culturally competent and responsive to their needs. a. Increase provider capacity and

services for persons with behavioral health needs in custody or leaving jails or prisons, including

youth leaving the juvenile justice system.

HSD states the department and NMCD are responsible for ensuring implementation of the

Behavioral Collaborative’s Strategic Goals.

House Memorial 3/aHJC – Page 5

ADMINISTRATIVE IMPLICATIONS

AODA states members of the different departments and organizations mentioned in the proposed

legislation would have to be available for membership on the task force. There would be added

responsibility placed on the New Mexico Corrections Department to ensure the guidelines are

implemented and to report the outcome of such change.

HSD states staff time will be needed for local research needed, and potential professional

technical contracts needed for specific deliverables. HSD notes cooperative agreements with

city, county and municipalities with behavioral health providers are likely to significant and

potentially duplicative of work that both NMCD and HSD direct the statewide entity contractor

to undertake.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

House Memorial 3 is a duplication of House Joint Memorial 10 and has a relationship with

Senate Joint Memorial 14 and Senate Memorial 33.

OTHER SUBSTANTIVE ISSUES

Adult Parole Board states the proposed legislation repeats the ongoing monitoring and

improvements already being put in place by NMCD.

ALTERNATIVES

Adult Parole Board state an alternative is to allow NMCD to pursue its existing programming,

training and monitoring.

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