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

SPONSOR Maestas, A

ORIGINAL DATE

LAST UPDATED

1/22/08

HB 200

SHORT TITLE

Bernalillo Metro Court DWI Supervision

SB

ANALYST C. Sanchez

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

$391.1

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates, HB 2 (HAFC Draft) includes $391.1 thousand for the program.

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY08

FY09

FY10 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total $0

$0

$11.7

$11.7

Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Bernalillo County Metropolitan Court (BCMC)

SUMMARY

Synopsis of Bill

The Courts, Corrections and Justice Committee sponsored bill provides for an appropriation of

$391,100 from the general fund to the Bernalillo County Metropolitan Court for expenditure in

fiscal year 2009 to fund a probation supervisor, four probation officers, two court clerks and the

related costs to enhance supervision of first-time DWI offenders, including targeting high-risk

offenders and to track and monitor offenders ordered to have ignition interlock devices installed

on their vehicles. Any unexpended or unencumbered funds at the end of FY 09 shall revert to

the general fund.

House Bill 200– Page

2

FISCAL IMPLICATIONS

This legislation is part of the judiciary’s unified budget. The appropriation contained in this bill

should be incorporated into the Bernalillo County Metropolitan Court’s operating budget. All

the funds are recurring.

The initial cost of the program of $391,100 in fiscal year 2009 is subject to increased costs

resulting from any increases in salaries and the costs of benefits for the seven FTEs. The initial

cost includes $349,700 for salaries and benefits for the seven FTEs; $12,000 for a professional

services contract; and other costs of $29,400.

SIGNIFICANT ISSUES

In fiscal years 2007 and 2008, the New Mexico Traffic Safety Bureau (“TSB"), utilizing pass-

through federal grant monies, funded a pilot project for the enhanced supervision of “true" first-

time DWI offenders. Funding from TSB for the pilot project will end in 2008.

Prior to the inception of the program, almost all first time DWI offenders – regardless of their

individual risks for recidivist conduct – were only subject to unsupervised probation. This

program targets high-risk first offenders with active and early intervention to prevent re-offense.

Additionally, the program staff track and monitor other defendants and offenders ordered to have

ignition interlock.

By the end of fiscal year 2007, the pilot program had monitored and supervised:

•

1,293 first offenders on unsupervised probation;

•

789 first offenders in the enhanced supervision component; and

•

601 defendants on ignition interlock pre-adjudication.

The general fund appropriation is needed to continue this program. The Court projects over 1,000

offenders will be in the enhanced supervision component by the end of FY08.

ADMINISTRATIVE IMPLICATIONS

By the end of fiscal year 2007, the pilot program had monitored and supervised:

•

1,293 first offenders on unsupervised probation;

•

789 first offenders in the enhanced supervision component; and

•

601 defendants on ignition interlock pre-adjudication.

The Court estimates that in excess of 1,000 first-time offenders will be in the enhanced

supervision by the end of fiscal year 2008. An additional 1,500 will be being monitored on

ignition interlock. Without the appropriation from the general fund, the Court will lack the

funding for the seven permanent FTEs.

In addition to supervising the first-time offenders in the enhanced program, the Court’s

employees in the First Offender Program also track and monitor defendants who have been

sentenced to the State’s ignition interlock program.

House Bill 200– Page

3

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

HAFC adopted the LFC recommendation for Bernalillo County Metropolitan Court. The LFC

recommendation includes $391.1 thousand for replacement of lapsing funds.

OTHER SUBSTANTIVE ISSUES

Without the funding, the Court is unable to supervise first time DWI offenders who are at risk of

re-offending. The checks that have been put in place to identify and intervene with those first-

time DWI offenders who are most at risk for re-offending will be removed from the system and

only repeat offenders will be subject to enhanced supervision. In addition, the Court will lose its

ability to monitor all first time offenders who have been sentenced to the ignition interlock

program.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Without this program, only repeat offenders will be monitored under the enforcement component

of the mandatory ignition interlock statute. With no funding, all first-time DWI offenders will

return to the traditional unsupervised first offender program, regardless of their level of risk.

CS/mt