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F I S C A L I M P A C T R E P O R T
SPONSOR Hall
ORIGINAL DATE
LAST UPDATED
3/7/07
HM 71
SHORT TITLE Study Aggravated Stalking as Sex Offense
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 Sentencing Commission (NMSC)
New Mexico Corrections Department (NMCD)
Department of Public Safety (DPS)
No Response Received From
Children, Youth and Families Department
SUMMARY
Synopsis of Bill
House Memorial 71 requests the New Mexico Sentencing Commission to study the feasibility
and appropriateness of including as a sex offense, subject to the Sex Offender Registration and
Notification Act, the crime of aggravated stalking when the victim is less than 16 years of age.
The New Mexico Sentencing Commission is to report its findings and conclusions, and propose
legislation if appropriate, to the appropriate interim legislative committee dealing with
corrections by October 1, 2007.
SIGNIFICANT ISSUES
NMCD notes the memorial could ultimately result in aggravated stalking of a victim less than 16
years of age being defined as a sex offense. Convicted sex offenders are subject to the law
requiring they be placed on supervised probation or parole for 5 to 20 years. Most convicted
offenders are only placed on parole for one or two years, and the probation period for most
pg_0002
House Memorial 71 – Page
2
convicted offenders is five years or less. NMCD reports that sex offenders on parole or
probation are generally placed on intensive supervision status by the department.
NMCD notes that after five years on probation or parole, the state must prove and continue to
prove every two and one half years that the sex offender should remain on probation or parole.
NMCD states the more crimes designated as sex offenses, the more time and resources that will
be needed to prove that the sex offenders should remain on probation or parole. The annual cost
per client in probation and parole for a standard supervision program is $1,467 per year and for
an intensive supervision program is $3,383 per year.
ADMINISTRATIVE IMPLICATIONS
NMSC reports the commission is capable of performing this study using existing staff, including
University of New Mexico undergraduate and graduate students, for the research.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
The memorial has a relationship to House Bill 769.
RPG/mt