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.

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(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to HB225, HB226 and HB282

SOURCES OF INFORMATION

LFC files

SUMMARY

Synopsis of HJCS Substitute

Provides that meritorious deductions shall be not exceed the following amounts:

1. for a prisoner confined for committing a serious violent offense, up to a maximum of four days per month of time served;

2. for a prisoner committing a nonviolent offense, up to a maximum of thirty days per month served;

3. for a prisoner confined following revocation of parole for the alleged commission of a new felony offense or for absconding from parole, up to a maximum of four days per month of time served during the parole term following revocation; and

4. for a prisoner confined following revocation of parole for a reason other than alleged commission of a new felony offense or absconding from parole, up to a maximum of eight days per month of time served during the parole term following revocation.

A prisoner may earn meritorious deductions upon recommendation by the classification committee, based upon the prisoner's active participation in approved programs and the quality of the prisoner's participation in those approved programs.

A prisoner may not earn meritorious deductions unless the recommendation of the classification committee is approved by the warden.

A prisoner may earn meritorious deductions at the rate prior to a lockdown, unless the warden determines that the prisoner's conduct contributed to the initiation or continuance of the lockdown.

Redefines the eligibility requirements for lump-sum meritorious deductions and limits the deductions to one year. Also, the classification committee and the warden may recommend the number of days to be awarded in each case based upon particular merits, but any award shall be determined by the director of the adult institutions division.

Changes the interpretation of not providing eligibility to earn meritorious deductions from a sentence of life imprisonment or a sentence of death.

Allows a New Mexico prisoner confined in a federal or out-of-state correctional facility to earn meritorious deductions for active participation in programs on the basis of the prisoner's conduct and program reports furnished by that facility to the corrections department. All decisions regarding reward or forfeiture are subject to final approval by the director of the adult institutions division or his designee.

Provides for the director of the adult institutions divisions final approval of meritorious deductions for prisoners in out-of-systems facilities.

Redefines "program" and includes approval by the classification committee due to the approved program's contribution to a prisoner's self-betterment through the development of personal and occupational skills. Also, includes offenses such as: shooting at a dwelling or occupied building, shooting at or from a motor vehicle, aggravated battery upon a peace officer; assault to commit a violent felony upon a peace officer; and aggravated assault upon a peace officer.

Expands Section 2 Forfeiture of Earned Meritorious Deductions.

Includes Section 6. Victim's Rights

Synopsis of Bill

Replaces section 33-2-34 NMSA 1978 (Good Time Statute) with new provisions for earning meritorious deductions to prison sentence through active participation in work, education, or mental health programs. Violent offenders and parolees returned for new offenses or absconding are limited to four days per month meritorious deductions. Other parole violators are limited to eight days per month, and all other prisoners may earn up to 30 days per month. Lump sum meritorious deductions are awarded for successful program completion.

Significant Issues

The earned time bill will lead to increased prison time for many offenders, thereby exerting some inflationary effect on the size of the prison population.

FISCAL IMPLICATIONS

The fiscal impact of HB 227 would impact the Corrections Department (CD), Criminal Juvenile Justice Coordinating Council (CJJCC), Administrative Office of the Court's (AOC), and the New Mexico State Department of Education (SDE):

Corrections Department

According to the CJJCC data from a sample of prisoners and parolees exiting CD supervision in 1995 and early 1996 indicates that offenders currently serve 67% of their sentence, and there is little variation by crime type, or status (parole violators versus others). Not only would meritorious deductions be limited under the Earned Time Act (for example, violent offenders would have to serve a minimum 85% of their sentence), but few prisoners have access to 30 hours of programming per week (which would allow them to earn meritorious deductions at a maximum rate). Indeed, the CJJCC's study of prison programs indicates that most prisoners are involved in about 20 to 25 hours of programming per week. Thus, prisoners could on average only earn about 83% of the meritorious deductions that they earn under the current good time statute. Additionally, violent offenders and parole violators would be limited to four or eight days in meritorious deductions each month.

The CJJCC estimates are as follows:

• •Nonviolent offenders would serve, on average, 72% of their sentenced confinement (up from 67% currently).



• •Violent offenders would serve 94% of their sentenced confinement (up from 67% currently).
• •Parole violators would serve between 81% and 96% of their sentenced confinement (up from 67% currently).

CJJCC

According to CJJCC Section 5 (paragraph G) of HB 227 states that the CJJCC shall provide a written annual report to criminal justice agencies specifying that average reduction in the sentence of imprisonment due to meritorious deductions earned by prisoners during the previous fiscal year. The CJJCC will require and additional 0.5 FTE to process the information and help draft the report.

AOC

The AOC reports there may be an increase in habeas corpus motions by prisoners disputing their earning, forfeiture, or restoration of meritorious deductions. There may be a reduction of plea agreements and an increase in trials and jury trials because under current law an inmate may be awarded a meritorious deduction of 30 days per month.

SDE

SDE reports the fiscal impact of enacting this bill is related to maintenance, storage and transmission of GED records. These costs include but are not limited to an additional FTE, computer hardware, software development, file/program maintenance, mailing of records/transcripts and storage. SDE estimates the annual recurring cost to be $45,000 and has indicated that this amount could not be absorbed by the current budget.

ADMINISTRATIVE IMPLICATIONS

CJJCC will require and additional 0.5 FTE to process the information and help draft a report on the impact of meritorious deductions as per Section 5 (paragraph G) of HB 227.

AOC reports there may be an administrative impact on the courts as the result of an increase in motion hearings, trials and jury trials.

SDE reports the administrative impact is related to maintenance, storage and transmission of GED records and would require an additional FTE.

COMPANIONSHIP

The CJJCC considers the Earned Time Act to be a companion of the proposed Persistent Violent Offender Act, the Intermediate Sanctions Act, and the Sentencing Standards Act.

OTHER SUBSTANTIVE ISSUES

The District Attorneys basically agree with the concept and principles of the Earned Time Act as drafted and see the Act as being beneficial to both public safety, and more specifically, future victims of crime.

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