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F I S C A L I M P A C T R E P O R T
SPONSOR Garcia, M.J.
ORIGINAL DATE
LAST UPDATED
2/5/07
HB
SHORT TITLE Meritorious Deductions for Certain Offenders
SB 618
ANALYST Peery-Galon
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
Responses Received From
Attorney General’s Office (AGO)
New Mexico Corrections Department (NMCD)
New Mexico Sentencing Commission (NMSC)
Administrative Office of the Courts (AOC)
SUMMARY
Synopsis of Bill
Senate Bill 618 would amend Section 33-2-34 NMSA 1978 to prohibit serious violent offenders
from earning any lump-sum awards.
FISCAL IMPLICATIONS
NMCD states it is difficult to determine whether or not the proposed legislation will increase the
department’s prison population or associated operating costs. 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.
AOC states there will be minimal administrative cost for statewide update, distribution and
documentation of statutory changes. Any additional fiscal impact on the judiciary would be
proportional to the enforcement of this saw and commenced prosecutions. AOC reports new
pg_0002
Senate Bill 618 – Page
2
laws, amendments to existing laws and new hearings have the potential to increase caseloads in
the courts requiring additional resources.
SIGNIFICANT ISSUES
NMCD states that the proposed legislation would require that serious violent offenders to serve
at least 85 percent of their prison sentences.
NMCD reports Section 33-2-34 (A) of statute indicates that inmates designated as serious violent
offenders, pursuant to Section 33-2-34 (L)(4) are entitled to earn meritorious deductions, also
known as good time, of up to four days a month if they actively participate in approved
programming. Inmates not deemed as serious violent offenders generally earn up to 30 days per
month of regular good time if they actively participate in approved programming.
NMCD reports that under current law lump-sum award are currently given to inmates including
serious violent offenders for the following reasons: completing an approved vocational,
substance abuse or mental health program; GED; associate’s degree; bachelor’s degree; graduate
qualification; or engaging in a heroic act of saving life or property or other extraordinary conduct
far in excess of normal program assignments that demonstrates the inmate’s commitment to self-
rehabilitation. NMCD reports Section 33-2-34 (D) and (E) clearly indicates that all inmates,
with the exception of inmates serving life or death sentences, are able to earn lump-sum earned
meritorious deductions in addition to the regular good time that they may earn. So under current
law serious violent offenders are eligible to earn lump-sum award in addition for the four days of
regular good time per month.
NMSC reports that over the last three years the commission has completed a legislatively
mandated Earned Meritorious Deduction Study. NMSC states across the three years, serious
violent offenders served 85.7 percent of their prison sentence. This is slightly more than the
mandated 85 percent of their prison sentences. NMSC reports that only a small minority of
serious violent offenders earn lump-sum deductions. NMSC estimates that 16.3 percent of the
serious violent offenders earning a 4 day deduction for every 30 days served on their sentence
earn an average additional 14 days off their sentence in lump-sum awards.
PERFORMANCE IMPLICATIONS
AOC states the proposed legislation may have an impact on the performance measures of the
district courts in the following areas: case disposed of as a percent of cases filed and percent
change in case filings by case type.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
The proposed legislation is a duplication of House Bill 763.
OTHER SUBSTANTIVE ISSUES
NMSC states researchers in the field of corrections conclude that good time is used as a social
control mechanism by prison officials. Restrictions on work and education programs in prisons
can reduce incentives for good behavior.
RPG/mt