NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.
| SPONSOR: | Abeyta | DATE TYPED: | 01/27/99 | HB | 51 | ||
| SHORT TITLE: | Boys School Public Defender | SB | |||||
| ANALYST: | Pickering | ||||||
| Recurring
or Non-Rec |
Fund
Affected | ||||
| FY99 | FY2000 | FY99 | FY2000 | ||
| $ 50.0 | Recurring | GF | |||
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to HB50
SOURCES OF INFORMATION
Public Defender Department
LFC files
SUMMARY
Synopsis of Bill
House Bill 51 appropriates $50.0 from the general fund to the public defender department for the purpose of providing "permanent public defender services" at the New Mexico Boys School.
Significant Issues
According to the Public Defender Department, any legal proceedings which are contemplated or currently litigated within the Springer facility may give rise to a constitutional mandate for representation if those issues involve a fundamental interest such as liberty.
FISCAL IMPLICATIONS
Any unexpended or unencumbered balance remaining at the end of FY 2000 shall revert to the general fund. Additionally, the Public Defender Department has identified costs that exceed the $50.0 appropriation associated with providing an attorney on site at the New Mexico Boys School. These include $48,582.0 in salary/benefits and infrastructure support and $7.0 in per diem and mileage expenses. All of these would be recurring expenses that are not currently in the Department's budget.
ADMINISTRATIVE IMPLICATIONS
The Public Defender believes it could service the attorney position from its Santa Fe office as part of the Department's Habeas Corpus operations (see above).
RELATIONSHIP
This bill is related to HB 50, appropriating $150,000.0 for assessment and counseling services for the Springer population.
According to the Department, if legal proceedings are intended for the New Mexico Boys School which directly impact children's liberty interest (such as Petitions for Extension of Stay), then the Public Defender is obligated to provide legal counsel under the Due Process Clause of both federal and state constitutions. There is no current Public Defender position to meet these constitutional requirements
RTP/njw