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F I S C A L I M P A C T R E P O R T
SPONSOR Robinson
ORIGINAL DATE
LAST UPDATED
2-4-06
HB
SHORT TITLE
SHERIFF'S ARREST & BENCH WARRANT
ENFORCEMENT
SB 439
ANALYST Hadwiger
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY06
FY07
$100.0
Recurring
General Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to Appropriation in the General Appropriation Act appropriations to courts from the war-
rant enforcement funds.
SOURCES OF INFORMATION
LFC Files
Responses Received From
Administrative Office of the Courts (AOC)
Department of Finance and Administration (DFA)
SUMMARY
Synopsis of Bill
Senate Bill 439 appropriates $100 thousand from the general fund to the Local Government Di-
vision (LGD) of the Department of Finance and Administration (DFA) in FY07 to support
county sheriffs' enforcement of arrest and bench warrants.
FISCAL IMPLICATIONS
The appropriation of $100 thousand contained in this bill is a recurring expense to the general
fund. Any unexpended or unencumbered balance remaining at the end of FY07 would revert to
the general fund.
AOC indicated there may be a small fiscal impact to that agency if the warrant enforcement divi-
sion coordinates additional warrant round-ups with county law enforcement.
pg_0002
Senate Bill 439 Page 2
SIGNIFICANT ISSUES
Enforcement of outstanding warrants helps put teeth into court warrants. In some parts of New
Mexico in the past, warrant enforcement has been uneven or warrants have been enforced only
when violators were apprehended for a subsequent offense. The funds in this bill would encour-
age New Mexico sheriffs to enforce outstanding warrants.
DFA indicated that there is an estimated 80,000 outstanding bench warrants throughout the State
of New Mexico. This appropriation will be used to assist county sheriff departments fund over-
time pay for deputies to serve some of these bench warrants.
AOC noted that Additional efforts by law enforcement to enforce arrest and bench warrants have
the potential to increase the collection of fines and fees in the magistrate courts. However, it
would be difficult at this time to measure the significance of the increase.
PERFORMANCE IMPLICATIONS
Additional efforts by law enforcement to enforce arrest and bench warrants have the potential to
increase the number of cases adjudicated in the magistrate courts, thus reducing the number of
pending cases in warrant status.
ADMINISTRATIVE IMPLICATIONS
DFA indicated it will be necessary for LGD to determine the method of distribution of funds, if
appropriated but that LGD has the capacity to fund and monitor the project. AOC indicated
There may be a small fiscal impact to the agency if the warrant enforcement division coordinates
additional warrant round-ups with county law enforcement.
TECHNICAL ISSUES
DFA suggested the bill might be amended to specify a method to allocate the funds among the
counties.
DH/nt