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





SPONSOR: Beam DATE TYPED: 02/7/01 HB 128/aHJC
SHORT TITLE: Forensic Intervention for the Mentally Ill SB
ANALYST: Esquibel


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY01 FY02 FY01 FY02
$ 970.0 Recurring GF



(Parenthesis ( ) Indicate Expenditure Decreases)



Duplicates/Relates to Appropriation in The General Appropriation Act



SOURCES OF INFORMATION



Administrative Office of the District Attorneys

Department of Public Safety

Department of Health did not respond

SUMMARY



Synopsis of HJC Amendment



The House Judiciary Committee amendments to House Bill 128 remove the requirement for the Department of Health to specifically contract with forensic intervention consortia, and specify that services are to be provided for adults with mental illness.



Synopsis of Original Bill



House Bill 128 appropriates $970.0 from the general fund to the Department of Health (DOH) for the purpose of contracting with forensic intervention consortia for services for adults who would otherwise be incarcerated.



FISCAL IMPLICATIONS



The appropriation of $970.0 contained in this bill is a recurring expense to the general fund. Any unexpended or unencumbered balance remaining at the end of FY2002 shall revert to the general fund.



DOH requested as a "new initiative" or special appropriation $9.1 million in general fund or some other revenue such as tobacco funds in FY02 to fund jail diversion and other community-based services. Neither the LFC nor Executive budgets included funding for these items at this time.



The Administrative Office of the District Attorneys indicates the specific purpose of the appro-priation is not clear and the specific purpose for which the funds should be clarified.



TECHNICAL ISSUES



The Department of Public Safety notes Section 31-9-4 provides for provision of psychological services by the Corrections Department if a defendant is convicted with a finding of mental illness. Sections 31-20-03 - 31-20-06 authorized referrals for mental health diagnosis prior to sentencing, and for mandatory psychiatric treatment as a condition of a suspended sentence. Passage of HB128 might required coordination between DOH, the courts and the Corrections Department.



RAE/ar/njw