Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

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

SPONSOR Chavez

DATE TYPED 2/11/05

HB 695

SHORT TITLE Increase Parole Board Membership

SB

ANALYST Peery

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

See Narrative

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Finance Administration (DFA)

Parole Board (PB)

SUMMARY

Synopsis of Bill

House Bill 695 changes statute to increase the number of parole board members from 9 to 15,

and to have five members appointed every two years. The proposed legislation requires mem-

bers to serve until their successors have been appointed and qualified.

PERFORMANCE IMPLICATIONS

PB reports without the expansion in parole board members, the board will be unable to accom-

plish its mission as required by statute. By statute, at least 2 members must be present at each

hearing. The hearings are held at 15 institutions in 8 separate locations throughout the state –

Hobbs, Roswell, Santa Rosa, Los Lunas, Estancia, Grants, Las Cruces and Santa Fe. PB states

with nine volunteer members, it has became impossible to successfully send two members to

every hearing as required, especially when illness or other absences occur.

House Bill 695 -- Page 2

FISCAL IMPLICATIONS

PB report quarterly board meetings per diem expenses and mileage would increase at approxi-

mately $2,000-$2,500 yearly. PB states for regularly scheduled hearing the per diem and mile-

age would likely decrease due to board members no longer having to travel great distances for

hearings or scheduling extra days in order to accommodate travel schedules.

DFA states depending on the length and time of travel, additional per diem and mileage funds

may be needed for the six additional members.

ADMINISTRATIVE IMPLICATIONS

PB reports only minor administrative changes would be needed relating to communication with

the additional board members.

OTHER SUBSTANTIVE ISSUES

PB states the board members are volunteers that generally have other work responsibilities, or

they are retired. PB reports the retirees are frequently faced with health issues which impacts

their availability.

PB reports adding more board members would make possible a geographic representation with

reasonable accessibility to the institutions. Currently, the majority of parole board members re-

side in the Albuquerque and Santa Fe area. By statute, the governor appoints the board members

and is not required to consider the geographic location of members.

DFA states a temporary provision exists in Section 2 that allows members of the parole board

serving on July 1, 2005 to continue to serve until their term expire and their successors have been

appointed and qualified.

ALTERNATIVES

PB states they envision using video technology when that process becomes available; however,

that is not yet the case and it does not appear that video technology will be available in the near

future.

In November 2004, NMCD in conjunction with the Adult Parole Board successfully conducted

the first live video conference hearings for seven inmates at the Lea County Correctional Facil-

ity. Representatives from the Governor’s Office and the Attorney General’s Office were also

present. On January 6, 2005, victims were present for the first time during a Parole Board hear-

ings conducted via video conferencing. The room was set up to accommodate the victims so that

they were off screen.

LFC’s IT Special Appropriation recommends $250,000 from general fund for the State Parole

Board to implement timely parole hearings through video conferencing technology to permit of-

fenders to be released when they have completed all the requirements of their basic sentence, re-

duce travel time and risk, and increase scheduling flexibility.

RLP/njw