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F I S C A
L I M P A C T R E P O R T
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SPONSOR: |
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DATE TYPED: |
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HB |
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SHORT TITLE: |
Life Imprisonment for Certain Sex Crimes |
SB |
6 |
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ANALYST: |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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See Narrative |
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SOURCES
OF INFORMATION
Responses
Received From
Children
Youth & Families Department (CYFD)
NM
Corrections Department (NMCD)
SUMMARY
Synopsis
of Bill
Senate Bill 6 amends
Section of the NMSA 1978, Section 31-18-15, Sentencing Authority, to provide a
sentence of life imprisonment for criminal sexual penetration in the first
degree when the victim is a child under thirteen years of age. The bill creates a new class of crime
pertaining to sex crimes against children. Language is also added to allow the
court to impose a fine of $15,000 for a first-degree felony for a sexual
offense.
Significant
Issues
This bill creates a new class of crime known as
a “first degree felony for a sexual offense against a child” and increases the
penalty from a mandatory prison term of 12 to 24 years to a mandatory sentence
of life imprisonment (at least 30 years in prison) for the offense of criminal
sexual penetration in the first degree on a child under 13 years of age.
In the long term, beginning in approximately 12
to 18 years, the bill will increase prison population and associated costs due
to the longer mandatory prison sentences.
FISCAL IMPLICATIONS
In the long term, beginning
in approximately 12 to 18 years, the bill will result in a moderate to
substantial increase in costs to the Corrections Department due to the longer
prison sentences and increased prison population.
ADMINISTRATIVE IMPLICATIONS
In the long term, there will be an
increased administrative burden on prison personnel who will have to administer
a longer prison population.
RELATIONSHIP
HB02 also proposes to amend the statutes
discussed above.
OTHER SUBSTANTIVE ISSUES
The following table shows the
sentences of violent offenders in state prisons, by offense and age of the
victim, 1997. The table shows that the
percentage of sentences that are life or death for sex offenses against
children age 12 or younger is 10%.
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Source: 1997 Survey of Inmates in State
Correctional Facilities, |
According to the above survey, the data shows that offenders against children and teens are somewhat less likely than offenders against adults to receive life or death sentences for their crimes. Twelve percent of offenders against children, 9 percent of offenders against teens, and 17 percent of offenders against adults received life or death sentences. However, because offenses against children and teens are often sex crimes and offenses against adults are often homicides, it is important to view these figures within the context of specific offenses. When viewed in this way, the only difference between child, teen, and adult victimizers appears to be that offenders against teens are less likely to receive life or death sentences for sex crimes.
TECHNICAL
ISSUES
CYFD notes that the
language in NMSA 1978, Section 31-21-10, Parole Authority and Procedure, should
be changed to correspond to the language added in NMSA 1978, Section
BD/lg