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

SPONSOR Lopez

ORIGINAL DATE

LAST UPDATED

1/26/08

HB

SHORT TITLE County Jail Overcrowding Law Study

SJM 34

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

New Mexico Sentencing Commission (NMSC)

New Mexico Corrections Department (NMCD)

No Responses Received From

Department of Finance Administration (DFA)

Governor’s Office

Association of Counties (AOC)

SUMMARY

Synopsis of Bill

Senate Joint Memorial states that the Legislature of the State of New Mexico recognizes the lack

of statutory authority provided to county governments to manage effectively county jail

populations. The joint memorial also directs the interim legislative committee that studies

correction issues, in collaboration with the New Mexico Association of Counties, to study

current law relating to jail operations, report its findings and make recommendations for

legislation prior to the First Session of the Forty-Nine Legislature.

FISCAL IMPLICATIONS

NMSC states this is a large assignment for any group to undertake and would probably require

funding in the end.

Senate Joint Memorial 34 – Page

2

SIGNIFICANT ISSUES

NMCD reports that Bernalillo County is indeed overcrowded, and other county jails may be

overcrowded as well. NMCD notes counties do have to house a large number of accused

individuals awaiting trial. Counties also house parole violators and probation violators, as well

as convicted offenders who have been sentenced to the New Mexico Corrections Department and

are awaiting transport. NMCD reports there has been much dispute and discussion about

whether the counties or the state must pay for the housing of these offenders, but at least some of

the counties are in need of bed space more than they need or want payment. NMCD states new

laws might help counties reduce their overcrowding, which might enable the department to house

parole violators in county jails when needed without contributing to the overcrowding of the

county jails.

NMCD states it certainly would like to see the counties get some relief to their ongoing problems

through new laws, but these new laws could create even more significant problems if no

consideration is given to the effect that any proposed law might have on the Corrections

Department, the state in general and other entities.

ALTERNATIVES

NMCD suggests perhaps involving the New Mexico Sentencing Commission in this study and

appropriate money to the commission to perform the study. Also, NMCD suggest allowing the

department and state to become involved in the study, discussion or resolution of this problem as

well.

RPG/nt