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.

The LFC is only preparing FIRs on bills referred to the Senate Finance Committee, the Senate Ways and Means Committee, the House Appropriations and Finance Committee and the House Taxation and Revenue Committee. The chief clerks are responsible for preparing and issuing all other bill analyses.

Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Room 416 of the State Capitol Building.

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC files

SUMMARY

Synopsis of Bill

HB 494 amends Section 34-6-24 NMSA 1978 to relieve county commissioners of the obligation to provide quarters for juvenile probation services. There is no appropriation with this legislation.

Significant Issues

The obvious significant issue is that if this legislation is enacted, the county commissioners would not be responsible for providing adequate quarters for the operation of juvenile probation services.

According to the Criminal Justice Coordinating Council (CJJCC), HB 494 shifts the financial responsibility for juvenile probation quarters from the counties to the state (in line with arrangements for magistrate courts), but leaves the counties with the obligation to provide quarters for district courts.

FISCAL IMPLICATIONS

Because there is no appropriation with this legislation, it is likely juvenile probation services would be responsible for locating and paying for their quarters.

OTHER SUBSTANTIVE ISSUES

According to CJJCC, HB 494 would relieve county commissioners of the obligation to provide facilities for juvenile probation services. The financial responsibility for providing such facilities would be shifted to the Children, Youth and Families Department. The rationale for making this change is presumably that the state, rather than the counties, should provide the facilities for state agencies. Note that magistrate court facilities are provided by the administrative office of the courts, with the cooperation and assistance of counties and municipalities wherever possible (35-7-9 NMSA 1978). However, district courts - another state body - must be housed by the county commissioners, not by the administrative office of the courts. HB 494 applies the "state-pay-for-state" logic to juvenile probation services, but leaves the "county-pay-for-state" arrangement with regard to district courts.

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