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

APPROPRIATION

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to HB 243, HB 226, HB 227

SOURCES OF INFORMATION

LFC files

SUMMARY

Synopsis of Bill

HB 282 appropriates the following amounts from the general fund to the community corrections division of the Corrections Department for expenditure in fiscal year 2000 for the following purposes:

1. $2,355.0 to contract for intermediate sanction spaces in the following manner:

a) 40 new spaces and halfway houses;

b) 40 new spaces in day reporting;

c) 120 new spaces in in-state residential drug treatment facilities; and

d) 60 new spaces in intensive supervision probation; and $96.0 for staff to enhance the monitoring and review of community corrections contracts.

Also, the HB 282 appropriates $216,180 from the general fund to the Public Defender Department for expenditure in fiscal year 2000 to hire social workers to facilitate assessment, evaluation and placing of offenders who are sentenced to intermediate sanctions.

Any unexpended and unencumbered balance remaining at the end of the fiscal year 2000 reverts to the general fund.

See attachment from the Criminal Juvenile Justice Coordinating Council.

Significant Issues

The Public Defender Department reports this bill would provide much needed assistance for certain targeted, less violent individuals in the criminal population by removing them from the more costly prison/jail situation and placing them in more appropriate settings. It would provide structure and control options while attempting to deal with the "real" issues that impact individual changes.

The Corrections Department (CD) reports on page 1, line 17, the bill states the appropriation is from the general fund is to the "Community Corrections Division of the Corrections Department." Technically, there is no Community Corrections Division of the Corrections Department." Under existing law there is a community corrections grant fund which is administered by the CD, specifically, the Field Services Division. This Provision is found at Section 33-9-3 NMSA 1978.

Also, page 2, lines 3 and 4, HB 282 specifies that a portion of the appropriation will be utilized for 60 new spaces in intensive supervision probation. Existing law with regard to intensive supervision programs is contained in Section 31-21-13.1 NMSA 1978. Pursuant to Subsection B of the statute, probation officers providing intensive supervision services are restricted to a maximum caseload of 20 offenders. Therefore, expansion of the program by 60 new spaces may require the addition of at least 3 FTE's.

CD reports, the department may encounter some difficulty in filling 40 new spaces in halfway houses. CD currently provides for one halfway house in Las Cruces, which houses offenders from all parts of the state who have recently been released from prison. The department has encountered some difficulty in keeping all those places full. CD contends if the department were to expand by 40 ne w spaces in halfway houses, the department would probably establish a halfway house in the Albuquerque area.

The department will have less difficulty filling 40 new spaces in day reporting. CD currently has day reporting centers in Los Lunas and Gallup. These places have been somewhat easier to fill. If the department were to expand day reporting by 40 new spaces, it would probably place these day reporting centers in Farmington or Albuquerque.

CD contends the department would probably contract with a public or private drug treatment facility to provide in-state residential drug treatment.

According to CD, the appropriation of $96,000 for staff to enhance monitoring and review of Community Corrections Contract also appear to require the addition of FTE's.

FISCAL IMPLICATIONS

HB 282 appropriates $2,355.0 to contract for intermediate sanctions so as to acquire 40 new spaces in halfway houses, 40 new spaces in day reporting, 120 new spaces in intensive supervision probation. Also, HB 282 appropriates $96,000 for staff to enhance the monitoring and review of community corrections contracts. According to CD, these appropriations would probably be sufficient to accomplish the program expansion set out in the bill. Also, the bill might result in a minimal increase in revenue from the collection of probation supervision fees from these offenders.

The Public Defender department reports this bill would fund what it requests from the Department; statewide professional screening, assessment evaluation, and placement review expertise of the department's eligible client population, by social worker associates. It also saves money by diverting from the costly prison system those persons whom judges determine are open to and eligible for community treatment structure.

According to the Department of Health (DOH), HB 282 would represent a significant expansion of program funding that could have an ongoing impact on the general fund. Although the bill provides for funding on in FY2000, once the program features were implemented they would likely be included as base budget requests in future years. However, if the programs prove successful in preventing recidivism it could also result in savings to the corrections and justice systems.

ADMINISTRATIVE IMPLICATIONS

According to CD, if the department were allowed additional FTE for expanded intensive supervision probation spaces and for staff to enhance the monitoring and review of community corrections contracts, the department could possibly absorb the increase in administrative burden upon employees of the Field Services Division who would be required to expand these programs.

The Public defender Department reports that alternative sentencing advocate social workers are an absolutely essential part of its constitutionally mandated requirement to provide "effective" assistance of counsel. Increased training and supervision by current social worker staff would be required for the integration of these social worker positions.

According to DOH, the provision of funds for 120 new spaces in in-state residential drug treatment facilities could not be accommodated within the existing bed capacity without reallocating residential bed capacity currently being used. In order to implement the proposed expansion, community providers with residential services would need to develop new bed capacity. This would, in turn, require coordination between CD and the developing Regional Care Coordinators (RCC's). It is likely that availability of increased funding for these services would provide an incentive for capacity development.

The Association of Counties reports this bill could positively impact county detention centers.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

The Health Department reports HB 282 relates to HB 243 which appropriates $250.0 from the general fund to the Public Defender Department to provide additional public defender services statewide to assist mentally ill persons and law enforcement personnel to avoid unnecessary and inappropriate incarceration. The language in HB 243 is not specific regarding the type of personnel and the activities funded appear to be different than those stipulated in HB 282.

TECHNICAL ISSUES

CD reports, on page 1, line 17, the bill makes reference to the Community Corrections Division of the Corrections Department. No such division exists. The bill should perhaps correct this reference to the Field Services division as well as the Community Corrections Grant fund.

OTHER SUBSTANTIVE ISSUES

The Public Defender Department reports HB 282 provides a balanced, well-reasoned application of resources for identification and treatment. The resources identified in Section B will allow identification of the population most in need of, and responsive to, therapy, treatment, and hard work outside of the passive jail environment. The allocations in Section A will provide for a mix of resources to apply to those settings best able to facilitate that work.

DOH report significant numbers of inmates leaving the prison system have substance abuse problems and coordination of substance abuse services with a community-based system of care is essential. Research has shown that a full range of community transition services, if adequately funded and implemented, can produce significant reductions in recidivism. The highest successes nationally for inmates with substance abuse disorders has been in programs which include the activities proposed for funding in this bill, combined with substance abuse treatment in prison, prior to parole.

However, creating the proposed 120 new spaces in in-state residential drug treatment facilities could not be accommodated within existing bed capacity without reallocating residential bed capacity currently being used. It is already anticipated that 16 residential bed will be lost for FY2000 as a result of the planned closure of the New Mexico Rehabilitation Center, with its residential drug treatment unit. Turquoise Lodge would also need to relocate or expand to add additional beds.

The Health Department contends there are some options available to accommodate the programs proposed under HB 282. Through coordinated efforts with CD, new residential beds could be developed at either Ft. Bayard or at the vacant Southern NM Rehabilitation facility. Also, the Turquoise Lodge might be able to increase diversion into community based treatment options.

The Department of Health could also divert any substance abuse operational funding retained from the rehabilitation center into substance abuse services delivered through the RCC's. The community providers with residential services would need to develop new bed capacity, This would depend on CD coordination with developing Regional Care Coordinators for contractual relationships and access through regional entry points and the specific non-profit residential providers for contracted bed space. It is likely that availability of increased funding for these services would provide an incentive for capacity development.

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