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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

1/18/08

HB 106

SHORT TITLE Gang Recruitment Penalty Enhancement

SB

ANALYST Peery-Galon

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY08

FY09

FY10 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

$0.1

$0.1

$0.1 Recurring General

Fund

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Defenders Department (PDD)

Administrative Offices of the District Attorneys (AODA)

Department of Public Safety (DPS)

New Mexico Corrections Department (NMCD)

New Mexico Sentencing Commission (NMSC)

Administrative Offices of the Courts (AOC)

No Responses Received From

Children, Youth and Families Department

SUMMARY

Synopsis of Bill

House Bill 106 proposes to create a new crime for recruiting others to join criminal street gangs

or for inducing participation in criminal street gang activity. The proposed legislation provides

increased penalties for recruitment and inducement of minors. The proposed legislation provides

two distinct definitions of “gang recruitment." The first definition is by the solicitation of others

to engage in a patter of gang activity or to engage in felonious conduct. The penalty for gang

recruitment by solicitation of an adult is a misdemeanor and recruitment by solicitation of a

minor is a fourth degree felony. The second definition is threatening another with physical

violence on tow or more separate occasions within a 30 day period, or using physical violence

with the intent to coerce, induce or solicit another to knowingly participate in a pattern of

criminal street gang activity or promote, further or assist in felonious conduct by members of a

criminal street gang. The penalty for gang recruitment by threat or violence is a fourth degree

felony and gang recruitment of a minor by threats or violence is a third degree felony.

House Bill 106 – Page

2

FISCAL IMPLICATIONS

AODA states the addition of a new crime would mean minimal administrative cost to update

statutory changes. A budgetary response may be needed to cover any extra time needed to

prosecute the new cases.

NMCD reports the proposed legislation could have a minimal to moderate negative fiscal impact

on the department if a large number of persons convicted of these gang recruitment-related

crimes serve prison sentences and/or probation/parole terms. NMCD notes there is no

appropriation in the proposed legislation to cover increases in cost for incarceration and

probation/parole services.

Based on FY06 actual expenditures, the average annual cost to incarcerate an individual in a

NMCD correctional facility is $31,239, and the average annual cost of probation and

parole/community corrections client is $1,343.

AOC states as penalties become more severe, defendants may invoke their right to trial and their

right to trial by jury. More trials and more jury trials will require additional judge time,

courtroom staff time, court room availability and jury fees. AOC notes there will be a 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

law and commenced prosecutions.

SIGNIFICANT ISSUES

AODA notes that New Mexico has no law to dissuade the recruitment of members into gangs

which perpetuate felonious activity. Gang members can recruit and solicit, with and without

violence, minors into their gangs without threat of repercussion. Minors are often more

vulnerable to influence by threats and violence.

NMCD states the proposed legislation could have minimal to moderate increase on the

department’s prison population because it could result in prison sentences for those convicted of

these new gang recruitment-related crimes. It could minimally to moderately increase probation

and parole caseloads when those convicted of these gang recruitment-related crimes are placed

on probation and parole. NMCD also notes the proposed legislation might deter gang-related

recruitment and gang-related crime in general, which would result in a minimal to moderate

decrease in prison population and probation/parole caseloads.

NMSC reports according to recent literature, since 1999, numerous states have followed the state

of California by enacting legislation to criminalize a variety of gang activities, such as gang

solicitation and recruitment, witness identification and drive-by shootings. Also, a recent study

by the New Mexico Statistical Analysis Center at the University of New Mexico demonstrates

the need for systematic data collection on gang crime in New Mexico. A lack of record keeping

and standard documentation on gangs makes it difficult to compare gang crime and the

proportion of crime attributable to gangs.

PERFORMANCE IMPLICATIONS

PDD states that there is always a potential of increased workload for the department when new

House Bill 106 – Page

3

crimes are created, or sentencing schemes are enhanced; however, the proposed legislation is not

likely to result in a large increase in litigation and any additional caseload would be absorbed

through the ordinary course of business.

AOC notes the proposed legislation may have an impact on the measures of the district courts in

the following areas: cases disposed of as a percent of cases filed and percent change in case

filings by case type.

ADMINISTRATIVE IMPLICATIONS

NMCD states if the proposed legislation raises the prison population and probation/parole

caseloads, the department staff will have increased workloads. However, if the proposed

legislation ultimately reduces the prison population and probation/parole caseloads, it may very

well reduce staff workloads.

AOD reports new laws, amendments to existing laws and new hearings have the potential to

increase caseloads in the courts, thus requiring additional resources to handle the increase.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

House Bill 106 has a companionship with House Bill 105.

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