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

SPONSOR Campos

DATE TYPED 2/14/05

HB

SHORT TITLE Child Abuser Registration & Notification Act

SB 580

ANALYST Peery

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Education Department (PED)

Department of Public Safety (DPS)

Public Defender Department (PDD)

New Mexico Corrections Department (NMCD)

Administrative Office of the Courts (AOC)

No Responses

Municipal League

Association of Counties

SUMMARY

Synopsis of Bill

Senate Bill 580 creates the Child Abuser Registration and Notification Act. This Act requires

convicted child abusers to register with local law enforcement agencies. Section 1 is the short

title and creates the Child Abuser Registration and Notification Act. Section 2 contains defini-

tions and defines a child abuser as someone at least 18 years of age who has been convicted for

abuse of a child. The would also include someone who moves to New Mexico from another

state, nonresidents who are employed for 14 days or more in New Mexico, and students enrolled

in New Mexico after being convicted of child abuse offense. Section 3 requires convicted child

abusers to register with the county sheriff for the county in which the child abuser resides. Reg-

istration must be accomplished within 10 days of a convicted abuser’s release from the custody

Senate Bill 580 -- Page 2

of the Corrections Department or being placed on probation. This section lists information that

the registrant must give, such as photograph, fingerprints and notes of tattoos or scars. A child

abuser convicted of child abuse resulting in great bodily harm is required to renew registration

prior to December 31 for twenty years. A child abuser convicted of child abuse that does not

result in death or great bodily harm is required to renew registration prior to December 31 for ten

year. Section 4 establishes the procedure for nonresidents convicted of child abuse that move to

New Mexico that includes registration within 30 days. Section 5 requires local sheriffs to main-

tain a local registry of child abusers in their counties. Sheriffs will be required to submit registry

information to the Department of Public Safety for maintenance of a central statewide registry.

Department of Public Safety must adopt rules to carry out the Act, and provide public access to

the registry. Section 6 requires courts and the Corrections Department to notify convicted child

abusers in writing of their duty to register, renew registry and report changes. A person subject

to the Act must sign a form acknowledging the person read the form and listened to an explana-

tion of the requirements under the Act. Section 7 provides that no cause of action is created

against any employer so long as the employer complies with the Act.

PERFORMANCE IMPLICATIONS

DPS states the proposed legislation would require the Department to house, maintain, update and

release the child abuser registry with no FTE or additional funding.

AOC reports the proposed legislation may have an impact on the measures of the district courts

in the following areas: cases disposed as a percent of cases filed, percent change in case filings

by case type, and clearance rate.

FISCAL IMPLICATIONS

DPS states the proposed legislation presents tremendous fiscal implications for the Department.

The proposed legislation does not carry an appropriation, and is an unfunded mandate to DPS

and the 33 county sheriffs. DPS reports without further study, and based on the lack of specific-

ity of the Act, it is impossible to ascertain how many child abusers would be registered or be re-

quired to register in New Mexico.

AOC reports additional fiscal impact on the judiciary is proportional to the enforcement of this

law and commenced prosecutions. New laws, amendments to existing laws, and new hearings

have the potential to increase caseloads in the courts requiring additional resources to handle the

increase.

NMCD states the creation of two new fourth degree felonies will increase cost to the Department

due to having to house and supervise violators. NMCD reports the number of people convicted

of failing to register as a child abuser together with the notification requirement is likely to have

a significant impact on the Department as it will add a class of offenders to supervise. The De-

partment anticipates it will require 1 FTE to properly supervise every 25 new offenders.

ADMINISTRATIVE IMPLICATIONS

DPS would be required to house, maintain, update and release the child abuser registry.

AOC states there may be an administrative impact on the courts commensurate with the increase

Senate Bill 580 -- Page 3

in caseload and/or in the amount of time necessary to dispose of cases.

NMCD states the Department would have the added administrative burden of tracking child

abusers in the system to be sure they are notified on release. NMCD reports there may be a

slight administrative burden on the Probation and Parole Division because they will have the

burden of being sure probationers register.

TECHNICAL ISSUES

DPS states the proposed legislation lacks a definitional structure as to exactly which crimes con-

stitute child abuse in New Mexico. DPS reports there is no applicability mentioned in the pro-

posed legislation. It is presumed that the applicability would be for convictions on or after the

effective date of the Act.

PED reports Section 7 discusses liability imposed upon employers where the bill does not im-

pose any duties upon employers.

OTHER SUBSTANTIVE ISSUES

NMCD states the proposed legislation does not define child abuse or child abuse offense in a

clear and concise manner which may lead to confusion. NMCD reports the bill is not clear as to

when the registration will take affect of if previously convicted child abusers have to register.

NMCD reports the bill does not state if the registry shall be published or if any information is

confidential. NMCD states information on child abusers is already in a variety of other loca-

tions, such as AOC and Children, Youth and Families Department.

ALTERNATIVES

DPS would like consideration to remove Senate Bill 580 and instead passing a Senate Joint Me-

morial requesting DPS and the New Mexico Sentencing Commission to conduct a study of the

issues raised by a child abuser registry. DPS states it is unknown whether any other states or ju-

risdictions have such a registry, the effectiveness, and the impact on presumably stopping child

abuse.

RLP/yr