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

SPONSOR Chasey

ORIGINAL DATE

LAST UPDATED

2/12/07

HJM 37

SHORT TITLE Correctional Facility Independent Oversight

SB

ANALYST Peery-Galon

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Corrections Department (NMCD)

New Mexico Sentencing Commission (NMSC)

No Response Received From

Attorney General’s Office

SUMMARY

Synopsis of Bill

House Joint Memorial 37 requests the attorney general to appoint and chair a task force to study

the feasibility and effectiveness of forming an independent entity that would oversee the status

and conditions of New Mexico’s correctional facilities, and if the task force finds that it would

be feasible and effective to form an independent entity that it specify the composition and nature

of the entity regarding expertise, and the areas and methods of oversight. The taskforce is to

report its findings to the appropriate interim committee no later than November 2008.

SIGNIFICANT ISSUES

NMCD state the Joint Memorial “appears to make a number of erroneous, unsupported or

misleading findings or assumptions about New Mexico prisons." NMCD reports the department

has nothing to hide and will cooperate fully with any independent oversight entity created as a

result of the proposed Joint Memorial.

House Joint Memorial 37 – Page

2

NMCD states the department is already reviewed by a variety of entities and laws. NMCD

reports the department makes regular presentations to the interim Courts, Corrections and Justice

Committee. NMCD notes the department also regularly provides information to the Legislative

Finance Committee, Correction Population Control Commission and other committees on its

operations and performance. NMCD reports the department is subject to the Inspection of Public

Records Act and regularly provides requested information to the press and members of the

public.

OTHER SUBSTANTIVE ISSUES

NMCD states if the proposed Joint Memorial is enacted, the department requests its

representatives be able to provide information, ideas and recommendations to the attorney

general’s task force. NMCD states the department’s viewpoints should be considered and

evaluated by any task force, just as the task force should consider and evaluate the viewpoints of

other groups and individuals.

RPG/mt