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AN ACT

RELATING TO CRIMINAL SENTENCING; CREATING PROCEDURES FOR

CERTAIN LEGISLATION THAT WOULD INCREASE, DECREASE OR CREATE

CRIMINAL PENALTIES; REQUIRING THAT AN APPROPRIATION ACCOMPANY

ANY SUCH LEGISLATION; REQUIRING FISCAL IMPACT STATEMENTS;

CREATING A FUND.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. LEGISLATION TO INCREASE, DECREASE OR CREATE

PERIODS OF IMPRISONMENT--FISCAL IMPACT STATEMENTS--

PROCEDURE.--

A. The New Mexico sentencing commission shall

prepare a fiscal impact statement as provided in this section

for a bill that:

(1) creates a new crime or repeals an

existing crime for which imprisonment is authorized;

(2) increases or decreases the period of

imprisonment authorized for an existing crime;

(3) imposes or removes mandatory minimum

terms of imprisonment; or

(4) modifies the law governing release of

inmates in such a way that the time served in prison will

increase or decrease.

B. A fiscal impact statement shall reflect the

estimated increase in annual operating costs for the

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corrections department attributable to the bill if it becomes

law. The estimated increase in annual operating costs shall

reflect the highest annual increase from the projected

increase for the six fiscal years following the effective date

of the law and shall be calculated in current dollars. The

fiscal impact statement shall include details concerning any

increase or decrease in the inmate population.

C. The amount estimated in a fiscal impact

statement shall be printed in the title of the bill and shall

be included in the bill as a one-year appropriation from the

general fund to the criminal justice special fund. If the New

Mexico sentencing commission does not have sufficient

information to project the fiscal impact, the fiscal impact

statement shall state that there is insufficient information

to estimate the fiscal impact and the words "costs cannot be

determined" shall be printed in the title of the bill.

D. For each law enacted that results in a net

increase in periods of imprisonment in adult correctional

facilities and for which a fiscal impact statement has been

prepared, an appropriation shall be made from the general fund

to the criminal justice special fund in an amount equal to the

amount estimated in the fiscal impact statement.

E. The New Mexico sentencing commission shall

prepare fiscal impact statements for bills described in

Subsection A of this section only if they are presented no

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later than December 1 to the commission, to the interim

legislative committee that oversees criminal justice or to the

legislative finance committee. The New Mexico sentencing

commission shall complete the fiscal impact statements no

later than January 15 of the following calendar year and shall

forward copies of the statements to the legislative council

service and the legislative finance committee and to the chief

clerk of the house of representatives and the chief clerk of

the senate for transmittal to the primary sponsors of the

legislation and to the chair of each committee assigned to

consider the legislation.

F. The corrections department shall annually

provide the New Mexico sentencing commission with the average

operating costs per inmate and the number of inmates in adult

correctional facilities.

G. As used in this section, "operating costs"

means all costs other than capital outlay costs for state-

operated adult correctional facilities and privately operated

adult correctional facilities.

Section 2. CRIMINAL JUSTICE SPECIAL FUND--CREATED.--

A. The "criminal justice special fund" is created

in the state treasury. The fund consists of appropriations,

gifts, grants, donations and bequests made to the fund.

Income from the fund shall be credited to the fund. Money in

the criminal justice special fund shall not revert to the

general fund.

B. Money in the criminal justice special fund

shall be subject to appropriation by the legislature for

criminal justice purposes, including operational costs of the

corrections department, courts, district attorneys and the

public defender department.

Section 3. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.

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