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

SPONSOR Martinez

ORIGINAL DATE

LAST UPDATED

2/1/2006

2/12/06 HB 541/aHJC

SHORT TITLE Crime of Escape from Treatment Facility

SB

ANALYST McOlash/Lewis

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of District Attorneys (AODA)

Administrative Office of the Courts (AOC)

Corrections Department (CD)

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee amendment:

clarifies that the bill applies only to a person lawfully committed for a criminal offense;

provides that escape from a secure residential treatment facility does not include attempting

to escape from the facility; and

provides that whoever commits escape from a secure residential treatment facility is guilty of

a misdemeanor, regardless of the charge for which the person was committed.

Synopsis of Original Bill

House Bill 541 creates the crime of “Escape from a Secure Residential Treatment Facility.” The

crime consists of a person lawfully committed to a secure residential treatment facility escaping

or attempting to escape from the facility.

The bill defines “secure residential treatment facility” as a secure facility, not located within a

correctional facility or detention center, in which residents are being treated for substance abuse

problems, and personnel and physical barriers prevent the residents from leaving.

House Bill 541/aHJC - Page

2

The Act provides the following penalties:

•

Misdemeanor, if the person was committed to the facility as a result of a misdemeanor charge

•

Fourth degree felony, if the person was committed to the facility because of a felony charge

FISCAL IMPLICATIONS

There will be a minimal administrative cost for statewide update, distribution, and documenta-

tion of statutory changes. Any additional fiscal impact on the judiciary would be proportional to

the enforcement of this law and commenced prosecutions. New laws, amendments to existing

laws, and new hearings have the potential to increase caseloads in the courts, thus requiring addi-

tional resources to handle the increase.

SIGNIFICANT ISSUES

AODA

House Bill 541 only specifies misdemeanor crimes and above in this proposal. If the intent was

to apply to all people who escape from a secure treatment center, it would be necessary to add

petty misdemeanor. Many juveniles are being sent to treatment facilities with only petty misde-

meanors as the underlying crimes.

Escape from jail is a felony no matter what level crime of the underlying sentence. This proposed

legislation creates a differentiation for the level of the underlying crime between treatment facili-

ties and jails. House Bill 541 makes it the same degree crime “to attempt” and “to succeed” in

committing a particular crime. This is not in parity with any other existing law and there should

be a difference in the level of these crimes. For example, escaping from jail is a felony. An un-

successful attempt to escape is a misdemeanor. Attempting to commit a crime makes it one de-

gree lower than if the crime is completed.

The definition of a secure residential treatment facility is unclear as written. It appears that the

intent was to make “escape” a crime even from facilities that allow work release. In reality, most

facilities are not secure in the sense that is being implied (e.g., someone crawling through an air

duct to escape). Most facilities are lock down in the sense that one is not supposed to leave and

the staff will try to prevent your leaving to some degree. However, you are not locked in a cell.

The doors to the facility are not locked and the windows are not barred.

There are only a small handful of residential treatment facilities in New Mexico that are actually

secure. The state mental hospital being one of the secure facilities. It would be more reasonable

to make this entire law reflective of its actual title: Crime of Escape from Treatment Facility. De-

leting the references to the word “secure” would change the intent.

A “residential treatment facility” would be a facility, not located within a correctional facility or

detention center, in which residents are being treated for substance abuse and/or mental health-

related problems. The person would need administrative, personnel, probation or court approval

to leave. This new definition would include substance abuse treatment centers and all residential

treatment centers where a person may be ordered by the court.

People are generally not committed to residential treatment facilities. Rather, they are ordered by

the court to enter and successfully complete a particular residential treatment program as part of

House Bill 541/aHJC - Page

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probation. This bill could provide the legal system with greater power to make sure people are

completing their treatment programs.

OTHER SUBSTANTIVE ISSUES

Because clients at secure treatment facilities are usually on probation, enforcement of this law

may fall into the hands of probation officers. There would be additional costs associated with

the higher level of supervision by probation officers.

Passage of this bill may increase the liability of treatment providers and increase the cost of in-

surance. If this happens, Corrections and other agencies that deal with secure treatment provid-

ers may be forced to negotiate new contracts. However, the added expense is expected to be

negligible.

AMENDMENTS

On page 1, line 18, after committed, strike “to a secure” and strike lines 19 and 20. Insert thereof:

to or ordered by the court to enter and successfully complete a residential treatment facility es-

caping from the facility.

In Section 1.C, for clarity, insert commas on page 2, line, after “secure facility” and page 2, line

4 after “detention center” to avoid confusion within the definition as to what constitutes a secure

facility.

POSSIBLE QUESTIONS

Why are we making the differentiation in this law (escape from a treatment facility) and not in

escape from jail.

Should it be a felony to escape from a secure treatment center and a misdemeanor to attempt to

escape.

BMC/ML:nt