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

SPONSOR Adair

ORIGINAL DATE

LAST UPDATED

2/08/07

3/15/07 HB

SHORT TITLE Increase Domestic Violence Probation Time

SB 820/aHJC

ANALYST Peery-Galon

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

NA Unknown Unknown Unknown Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Responses Received From

Attorney General’s Office (AGO)

Public Defender Department (PDD)

Administrative Office of the Courts (AOC)

State Treasurer’s Office (STO)

Department of Finance Administration (DFA)

No Responses Received From

Administrative Office of the District Attorneys

Governor’s Office

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee amendment to Senate Bill 820 adds language requiring that

upon conviction an offender will be required to participate in and complete a domestic violence

offender treatment program approved by the Children, Youth and Families Department. Also,

the amendment adds language stating if an offender violates a condition of probation, the courts

may impose any sentence that the court could originally have imposed and credit shall not be

given for time served by the offender on probation.

Synopsis of Original Bill

Senate Bill 820 amends Section 30-2-15 and Section 30-3-16 NMSA to include subsections

providing that if a sentence imposed upon conviction of the crime of battery or aggravated

battery against a household member is suspended or deferred a period of probation that may

extend beyond 364 days but many not exceed two years.

Senate Bill 820/aHJC– Page

2

FISCAL IMPLICATIONS

AOC states there will be minimal administrative cost for statewide update, distribution and

documentation of statutory changes. AOC reports any additional fiscal impact on the judiciary

would be proportional to the enforcement of this law and appeals from convictions. AOC notes

new laws, amendments to existing laws and new hearings have the potential to increase

caseloads in the courts requiring additional resources.

DFA states the proposed legislation if enacted will have a fiscal impact on the New Mexico

Corrections Department and Children, Youth and Families Department. DFA states the

increased cost is dependent on the number of individuals sentenced to longer probation and is

undetermined.

SIGNIFICANT ISSUES

AOC states there are limited resources around the state for monitoring domestic violence

offenders. AOC reports the courts, corrections department and county compliance programs lack

the staff and resources to provide the comprehensive monitoring necessary for full oversight of a

probationer.

DFA notes the proposed legislation allows a person who is convicted of battery against a

household member, a misdemeanor, up to two years of probation. Currently probation for a

misdemeanor is only up to one year.

AGO state a longer period of jurisdiction would permit a defendant to attend counseling, 52-

week programs are preferred. AGO notes that frequently a defendant may be required to attend

recommended counseling as part of the individual’s sentence; however, the court jurisdiction

may end prior to completion of counseling. AGO states the longer period of jurisdiction allows

the courts to impose and monitor defendants regarding compliance with treatment.

PERFORMANCE IMPLICATIONS

AOC states the proposed legislation may have an impact on performance measures pertaining to

cases disposed of as a percent of cases filed and percent change in case filings by case type.

DFA state longer probation periods for those convicted of domestic violence may assist the New

Mexico Corrections Department by lowering the recidivism rate for those convicted and

sentenced to only probation. DFA reports longer probation may allow the New Mexico

Corrections Department to have a greater impact with domestic violence programming leading to

lower repeat offenders.

ADMINISTRATIVE IMPLICATIONS

DFA states the longer probation periods will require more time being spend by staff of the New

Mexico Corrections Department and Children, Youth and Families Department in monitoring

and any needed programming.

RPG/mt:csd