NOTE:  As provided in LFC policy, this report is intended only 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 for other purposes.

 

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

 

 

 

SPONSOR:

Sharer

 

DATE TYPED:

02/06/03

 

HB

 

 

SHORT TITLE:

DWI Increased Penalties

 

SB

93

 

 

ANALYST:

Fox-Young

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

$0.1 Significant

Recurring

GF/OSF

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Relates to HB 40, HB 139, HB 189, SB 16, SB 99

 

SOURCES OF INFORMATION

 

Responses Received From

Administrative Office of the Courts (AOC)

Association of District Attorneys (AODA)

State Highway and Transportation Department (SHTD)

Attorney General (AG)

Department of Health (DOH)

Corrections Department (CD)

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 93 increases penalties for fifth or subsequent DWI convictions and makes a fifth conviction a third degree felony punishable by a term of imprisonment of three years, one year of which cannot be suspended or deferred.  The bill also makes a sixth or subsequent conviction a second degree felony, punishable by a term of imprisonment of nine years, three years of which shall not be suspended or deferred.

 

FISCAL IMPLICATIONS

 

Corrections Department (CD) indicates that the mandatory prison terms contained in the bill, one year for a 5th DWI conviction and three years for a 6th or subsequent DWI conviction, will spur significant cost increases for the department.  CD reports that cost increases due to longer prison terms will begin to appear approximately one year after the effective date, then beginning to level off after approximately three years.  The department estimates an annual increase of approximately 30 to 40 longer prison sentences for 5th DWI convictions and an annual increase of approximately 20 to 30 longer sentences for 6th or subsequent DWI convictions.

 

The department indicates that increasing the penalties from a 4th degree felony to a 3rd degree felony and 2nd degree felony will also result in an increase in the period of probation and parole and a corresponding increase in probation and parole costs.

 

The amendments proposed in this bill will yield a significant increase in the number of felony DWI convictions, therefore necessitating an increase in the number of felony prosecutors, defense attorneys and court staff.  Cost increases will be further exacerbated because felony cases are inherently more expensive than misdemeanors.  Public Defender Department (PDD) reports that clients facing harsher jail terms are less likely to plead at either the magistrate or district level. 

 

PDD indicates that this bill will significantly increase the department’s needs for in-house and contract counsel and that in-house felony counsel cost more than entry-level misdemeanor attorneys who staff the lower courts.  The department estimates that this bill would increase the need for felony attorneys in each of the eight outlying districts, Albuquerque and in districts served by contract counsel.  

 

Department of Health (DOH) indicates that this bill would likely result in increased costs to  DOH, the Department of Finance and Administration (DFA), and municipal governments.  Substance abuse treatment costs may increase if there is increased demand for in-prison treatment services.  DOH estimates that of the annual 4,000 multiple offenders only 1,500 would be served by DOH’s Behavioral Health Services Division (the remaining 2,500 would be served via DFA and county/municipality funding). DOH reports that an increase of just 500 clients served for 30 days in residential treatment would cost $1.5 million, and 1,000 clients served for 60 days in outpatient treatment would cost an additional $2 million. 

 

The cost and availability of substance abuse programming is one of the most important elements to consider in reforming DWI legislation.  Regardless of whether legislation specifically mandates treatment, populations under CD supervision will grow, as will offenders potentially eligible for treatment.  Increased demand for services inside and outside of CD facilities poses a significant cost for the state.

 

CONFLICT, RELATIONSHIP

 

HB 40-Amends the same Section of law, conflicting language (jail time);  HB 117-Amends the same Section of law, conflicting language (jail time);  HB 139-Amends the same Section of law, no conflicts;  HB 189-Amends same Section of law, no conflicts;  SB 16-Amends the same Section of law, conflicting language (jail time); and SB 99-Amends the same Section of law, no confliction language.   

 

JCF/njw