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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.

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