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F I S C A L I M P A C T R E P O R T
SPONSOR Swisstack
ORIGINAL DATE
LAST UPDATED
1-13-07
HB 739
SHORT TITLE New Mexico Juvenile Justice Commission
SB
ANALYST Lucero
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
$500.0
Recurring
General Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates,Relates to,Conflicts with, Companion to
Relates to Appropriation in the General Appropriation Act
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)
FY07
FY08
FY09 3 Year
Total Cost
Recurring
or Non-Rec
Fund
Affected
Total
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Children, Youth and Families Department (CYFD)
Juvenile Parole Board (JPB)
Public Defender Department (PDD)
SUMMARY
Synopsis of Bill
House Bill 739 appropriates five hundred thousand ($500,000) from the general fund to
Children, Youth and Families Department for expenditure in fiscal year 2008 to continue the
operation of the New Mexico juvenile justice commission.
pg_0002
House Bill 739 – Page
2
FISCAL IMPLICATIONS
The appropriation of five hundred thousand ($500,000) contained in this bill is a recurring
expense to the general fund. Any unexpended or unencumbered balance remaining at the end of
2008 shall revert to the general fund.
The appropriation in this bill is not part of Children Youth and Families Department's request
and is not included in the Executive recommendation for Children Youth and Families
Department.
CYFD states that in August, 2006, when the agency budget request was being developed, the
implementation of the Juvenile Justice Commission had not yet been identified or agreed upon as
an important response strategy to juvenile justice reform. Therefore, the Commission was not
included in the CYFD budget request for FY08.
The Juvenile Justice Commission is not a commission established in statute; therefore, it is
unclear the nature of relationship between CYFD and the entity being referred to as a
commission. CYFD has entered into a contractual relationship with this entity and it is
unknown what the official structure or obligation of the state is to this entity.
SIGNIFICANT ISSUES
The ability of the agency to contract for advisory services exceeding $20,000 without a
competitive bid process warrants a review. It is unclear if the commission is a governmental
entity, private entity, or non-profit; therefore it is unclear the type of contractual relationship
CYFD has with the entity being referred to as a commission.
CYFD states that the purpose of the Commission is to provide a comprehensive review of
existing probation and facility services and practices nationwide, as well as current practice in
New Mexico, including administrative responsibilities; develop best practice recommendations
to reduce administrative duplication while assuring quality services; and in consultation with
CYFD, to develop a plan to implement recommendations.
CYFD states that the Commission will assist CYFD to address the community-level and system
requirements of the ACLU agreement, and thereby to improve the quality, efficiency, and
effectiveness of the juvenile justice system and to avoid a possible class action and consent
decree. The purpose of the Commission is to provide a comprehensive review of existing
probation and facility services and practices nationwide, as well as current practice in New
Mexico, including administrative responsibilities; develop best practice recommendations to
reduce administrative duplication while assuring quality services; and in consultation with
CYFD, to develop a plan to implement recommendations.
PERFORMANCE IMPLICATIONS
The commission might have an impact to the following performance measures as cited in the
current Juvenile Justice Commission contract:
•
Percent of clients who complete formal probation.
•
Number of children in community corrections programs.
•
Percent of re-adjudicated clients.
pg_0003
House Bill 739 – Page
3
•
Percent of re-adjudicated clients on parole.
•
Number of JJS facility clients age 18 and older who enter adult corrections within two
years post-discharge from a juvenile justice facility.
Improving juvenile justice system may result in fewer adults involved in the criminal justice
system.
ADMINISTRATIVE IMPLICATIONS
None identified for CYFD from the development of the Commission. Specific recommendations
arising from the work of the Commission may have future fiscal and administrative impact.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
None at this time
TECHNICAL ISSUES
The contractual relationship between the entity being referred to as a commission and CYFD
should be reviewed.
OTHER SUBSTANTIVE ISSUES
State statues provide for the expenditure of state funds for the following items related to boards,
non-salaried public officers, and public employee mileage reimbursement:
Section 10-8-3(G) of the Per Diem and Mileage Act defines "public officer" to include
"members of advisory boards appointed by any state agency...." Section 10-8-4(A)
provides that non-salaried public officers are to receive $95/day per diem or
reimbursement for actual expenses. Section 10-8-4(D) says that public officers can also
get mileage at 32 cents/mile.
This entity being referred to as Juvenile Justice Commission is not a commission by statute, is
not an official advisory board, and is not comprised completely state employees so the nature of
the State’s obligation to pay the entity’s expenditures is not clear or known.
ALTERNATIVES
None proposed by the agency
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
The newly created entity may not be able to pay members per diem, mileage, etc
DL/nt