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

 

 

 

SPONSOR:

Picraux

 

DATE TYPED:

1/30/02

 

HB

195

 

SHORT TITLE:

Threatening Communicable Diseases

 

SB

 

 

 

ANALYST:

Esquibel

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

 

 

 

 

 

0.1

Recurring

GF

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

Responses Received From

Department of Public Safety (DPS)

Attorney General’s Office (AG)

Department of Health (DOH)

Administrative Office of the Courts (AOC)

NM Health Policy Commission (HPC)

 

SUMMARY

 

     Synopsis of Bill

 

House Bill 195 would amend Section 24-1-15 NMSU 1978 to address the potential isolation of a person infected with a threatening communicable disease who has refused voluntary treatment, detention or observation.  The bill would provide for representation by counsel for the detainee, clarifies burden of proof requirements and requires sealing of the proceedings records.

 

FISCAL IMPLICATIONS

 

Implementation of the bill would require funding for personnel and associated costs for the courts, Public Defender Department and district attorneys.

 

ADMINISTRATIVE IMPLICATIONS

 

Implementation of the provisions of this bill would require substantial administrative support and legal representation from the courts, district attorneys and Public Defender Department.

 

TECHNICAL ISSUES

 

The AG reports the following:

 

This bill is necessary and extremely important because the current statute places the burden of proof in this isolation/detention situation on the person who is infected with a threatening communicable disease and refusing voluntary treatment.  The burden of proving by a clear and convincing standard that a person must be isolated/detained must be changed and shifted to the petitioner.  Without this clarification, this statute is unconstitutional.  To ensure constitutionality, fairness and justice, the burden to civilly isolate/detain a person with a proven threatening communicable disease who refuses voluntary treatment must be on the petitioner and not the person being isolated/detained.

 

In addition, the bill makes clear and unambiguous the constitutional requirement to appoint legal counsel to persons in this isolation/detention situation who cannot afford an attorney.

 

RAE/njw

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