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)

Duplicates HB227/HJCS Relates to HB225, HB226, HB282

SOURCES OF INFORMATION

LFC files

SUMMARY

Synopsis of SJCS 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

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 SB 540/SJC may 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):

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 may require and additional 0.5 FTE to process the information and help draft the report.

AOC

There may be fiscal implications in AOC in which 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

There may be an impact to SDE 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 may 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 the bill.

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

SDE

There may be an administrative impact to SDE related to maintenance, storage and transmission of GED records and would require an additional FTE.

RELATIONSHIP/DUPLICATION

This bill duplicates HB 227/HJCS; relates to HB225, HB226 and HB282.

LAT/gm