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F I S C A L I M P A C T R E P O R T
SPONSOR Vigil
DATE TYPED 2-14-05
HB 924
SHORT TITLE Las Vegas Medical Center Sex Offender Program
SB
ANALYST Collard
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
$659.0
Recurring General Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Public Defender Department (NMPD)
Corrections Department (NMCD)
SUMMARY
Synopsis of Bill
House Bill 924 appropriates $659 thousand from the general fund to DOH for the purpose of
funding 6.5 full-time FTE to staff the sex offender treatment program and overhead costs at Las
Vegas Medical Center. This bill contains an emergency clause.
Significant Issues
NMPD indicates, based on extensive research, the Sexual Offender Management Board (SOMB)
identified in-patient treatment as an essential component for reducing the sexual assault rate in
New Mexico. Following a national trend, SOMB concluded that the most reliable way to reduce
the number of sex crimes committed is to reduce the number of people interested in committing
these crimes. Incarceration temporarily removes offenders from the community but without any
treatment, their return to the community put those communities at risk.
Several years ago, the Legislature made an appropriation to build and staff the sexual offender
program at Las Vegas Medical Center, a 24-bed sex offender treatment facility for sex offenders
leaving NMCD. The new, secured facility was built, but the funds for staffing the program were
pg_0002
House Bill 924 -- Page 2
inadequate and only 14 beds were opened. This appropriation would enable the program to use
the full 24-bed capacity for which the facility was designed and built.
SOMB's research determined that the program had achieved significant positive results with the
population it treated. The program had identified and was using the "best practices" supported by
imperial research and was, by all measures, cost-effective. Fully funding the program was rec-
ommended by SOMB because it would increase the number of individuals who could be treated
and could enable the program to serve as a state-of-the-art training facility for other programs in
New Mexico and nationally.
PERFORMANCE IMPLICATIONS
NMPD notes anything that reduces the number of individuals committing sex crimes reduces the
caseloads of Public Defender attorneys. Sexual assault cases are among the most expensive cases
handled by NMPD because so many of them go to trial, require the use of experts on both sides,
and can only be assigned to the most highly trained (i.e., most expensive) attorneys.
NMCD indicates the provisions of this bill will have a positive effect on NMCD’s Probation and
Parole Division and will enhance the division’s ability to supervise sex offenders.
FISCAL IMPLICATIONS
The appropriation of $659 thousand contained in this bill is a recurring expense to the general
fund. The money is appropriated “for expenditure in fiscal year 2005 and subsequent fiscal
years.” Any unexpended or unencumbered balance remaining at the end of a fiscal year shall re-
vert to the general fund.
NMCD indicates enactment of the bill will likely result in decreased costs of incarcerating sex
offenders in the department. The availability of additional beds at the program at Las Vegas
Medical Center may allow the Parole Board to approve more parole plans for incarcerated sex
offenders.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.
NMCD notes many sex offenders will be required to do in-house parole at various department
facilities due to the lack of secure treatment beds in the community. Sex offenders that complete
their parole in-house subsequently return to the streets without the type of supervision that en-
hances the offender’s treatment/improvement or community safety.
KBC/yr:lg