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)

SOURCES OF INFORMATION

LFC files

SUMMARY

Synopsis of Bill

SB 77 seeks to amend 29-11A-1 NMSA 1978 to expand the list of sex offenses and the Sex Offender Registration Act to include kidnaping, false imprisonment, and solicitation to commit any of the act's enumerated offenses. The bill would add the word "Notification" to the act's title. It would additionally require sex offenders who are residents of other states, but work or attend school in New Mexico, to register with the sheriff. The registered sex offender would be required under the act to annually renew his registration. The bill provides that the Department of Public Safety will participate in the Sex offender Registry.

The public would be allowed access to registration information regarding sex offenders who are convicted of kidnaping, criminal sexual penetration, criminal sexual contact of a minor, sexual exploitation of children by prostitution. These sex offenders are required to register with the sheriff in the county where they reside in New Mexico. Registration information regarding sex offenders living in New Mexico is subject to the provisions of the Public Records Act, The public may obtain registration from the county sheriff, municipal law enforcement, or the district attorney in the judicial district where the convicted sex offender resides.

The bill will become effective July 1, 199, if passed.

Significant Issues

The Corrections Department (CD) reports the most significant issue is that the bill should result in deterring the commission of additional sex offenses by convicted sex offenders, This, in turn, should result in fewer persons being sentenced to imprisonment or probationary supervision by the CD would otherwise be the case. There is also some possibility that the expanded definition of the term "sex offender" and the expanded list of sex offenses could result in a slightly higher numbers of persons convicted of the misdemeanor offense of failing to register as a sex offender, this could result in a slight increase in cost to the department. However, the cost savings from the deterrent effect of this bill should exceed any slight increase in costs due to a few additional misdemeanor convictions.

CD indicates SB 77 would make the state eligible for its share of federal grant funds for law enforcement purposes, since it would bring the state into compliance with the federal act known as "Megan's Law."

FISCAL IMPLICATIONS

CD reports overall SB 77 should have a positive fiscal impact upon the department. Since the bill should act as a deterrent to the commission of sexual offenses, it should result in a slight decrease in the overall rate of growth in the CD prison population and probation caseloads. This will not result in an absolute decrease in costs to the CD, but a slight decrease in the rate of cost increases to the CD which result from increased prison population and probation caseloads. There could be a very slight increase in costs to the department which may result from a few additional misdemeanor convictions for failing to register as a sex offender. However, these cost increases should be mare than offset by the decrease in costs resulting from the deterrent effect of this bill. Any increases would be absorbed by the department.

Also, CD reports passage of this bill could also result in a minimal increase in revenues to the state in the form of additional fines imposed upon persons convicted of additional misdemeanor offenses; and minimal increases in the collection of probation supervision fees from the same offenders.

CD indicates SB 77 would make the state eligible for its share of federal grant funds for law enforcement purposes, since it would bring the state into compliance with the federal act known as "Megan's Law."

ADMINISTRATIVE IMPLICATIONS

CD reports in the short term, the bill will have very little administrative impact upon the department. The deterrent effect of this bill could slightly reduce the rate of growth in prison population and probation caseloads. Any additional misdemeanor convictions for failure to register a sex offender might slightly increase the caseload of probation officers required to supervise such offenders. In the long term, the deterrent effect of this bill could significantly reduce the rate of growth in prison population and probation parole caseloads.

TECHNICAL ISSUES

CD reports on page 14, line 3 through 8, the applicability section needs to be clarified to correct the ambiguity between whether the trigger date is the date of conviction (line 4) or the date the offense was committed (line 6).

OTHER SUBSTANTIVE ISSUES

CD suggest on page 14, line 6, strike the word "committed".

LAT/gm