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F I S C A L I M P A C T R E P O R T
SPONSOR Maestas & Stewart
ORIGINAL DATE
LAST UPDATED
1/24/07
2/7/07 HB 272
SHORT TITLE Corrections Population Control Act Changes
SB
ANALYST Peery-Galon
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to SB 194/aSPAC
SOURCES OF INFORMATION
LFC Files
Responses Received From
New Mexico Corrections Department (NMCD)
New Mexico Sentencing Commission (NMSC)
SUMMARY
Synopsis of Bill
House Bill 272 repeals the sunset provision of the Corrections Population Control Act which
established the Corrections Population Control Commission. The proposed legislation removes
the secretary of NMCD as the chairman of the commission, but allows the secretary to remain a
member of the commission. The proposed legislation would amend the Act in the following
ways:
Redefining overcrowding to mean when the rated capacity of any one facility exceeds
100 percent of its rated capacity for a certain defined period,
Removing language that prevents nonviolent offenders from being released early from
prison if the offender fails a drug screening test within ten days the offender’s scheduled
release, and
Removing language that prevents nonviolent offenders from being released early from
prison if the effect of releasing the offender would result in a loss of federal funds for any
state agency.
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House Bill 272 – Page
2
FISCAL IMPLICATIONS
NMCD states if the proposed legislation results in the early release of certain prisoners, it will
probably minimally to moderately reduce the prison population and minimally to moderately
increase the caseloads of probation and parole officers.
NMCD states the annual cost of incarcerating an inmate is $23,867 per year for males and
$21,651 per year for females. The cost per client in probation and parole for a standard
supervision program is $1,467 per year, for an intensive supervision program is $3,383 per year,
for a NMCD community corrections program is $3,503 per year, for a privately-owned
community corrections program is $7,917 per year, and for male and female residential
community corrections program is $39,401 per year.
SIGNIFICANT ISSUES
NMCD states by amending the Act to define overcrowding to mean when the rated capacity of
any one facility exceeds 100 percent of its rated capacity for a certain defined period, as opposed
to all male facilities in the aggregate or all female facilities in the aggregate, makes it more likely
to result in the early release of nonviolent offenders.
NMCD states serious concern about public safety whenever any inmate is released early from
one of its prisons. NMCD reports an individual defined by law as a nonviolent offender does not
prevent the individual from engaging in new crimes of a serious nature. NMCD points out DWI
offenders could be considered by the commission to be nonviolent offenders subject to early
release. NMCD expresses concern about the commission considering a nonviolent offender for
early release if that offender has recently tested positive for illegal drugs while in prison. NMCD
states offenders under the influence of drugs upon release are obviously at a higher risk of
committing another crime due to drug induced poor judgment or in order to get money to buy
more drugs.
NMSC’s report “Estimated Number of Offenders in New Mexico Corrections Department
Facilities in November 2006 Eligible for Controlled Release" states 69 nonviolent offenders with
a level 1 custody assignment had a projected release date, 12 months or less, that would have
made them eligible for controlled release. Further, the report shows 160 nonviolent offenders
with a level 2 final custody assignment had a projected release that would have made them
eligible for controlled release. Offenders serving time on a drug possession conviction
comprised the largest group followed by burglary convictions and fraud convictions. The
analysis did not include violent offenders, sex offender, DWI offenders or individuals serving
time on a drug trafficking offense.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
The proposed legislation is a duplication of Senate Bill 194.
ALTERNATIVES
NMCD endorses the following changes to the proposed legislation:
Nonviolent offenders who fail a drug test with ten days of release continue to be
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House Bill 272 – Page
3
ineligible for early release,
Current provisions requiring the consideration of early release only when the rated
capacity of all female facilities in the aggregate or all male facilities in the aggregate
remains in effect, and
Change language on page 7, line 9 and 10, to state “if the nonviolent offender was
convicted of a crime that was committed while incarcerated."
Defining overcrowding to mean when the rate capacity of any security level (I, II, III, IV, V, or
VI), male or female, exceeds 100 percent of its rated capacity for a defined period. NMCD
historically struggles with the lack of security level III male inmate beds. By redefining
overcrowding by security level it targets specifically where inmate beds are lacking, which is not
always reflected by a correctional facility housing anywhere from one to six different security
levels.
RPG/mt