Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

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

SPONSOR

Park

ORIGINAL DATE

LAST UPDATED

3/20/07

3/22/07 HB 5/aHJC/aHFL

SHORT TITLE

Increase Domestic Violence Penalties

SB

ANALYST C. Sanchez

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

$.1

$.1

$.1 Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

*Responses Received From

Administrative Office of the Court (AOC)

Public Defender (PD)

Corrections Department (CD)

*Responses received for request for analysis from the following duplicate bills introduced in the

Forty-Eighth Legislature, First Session: HB 620, as amended is identical to House Bill 5.

SUMMARY

Synopsis of HFL Amendment

The House Floor amendment clarifies language relating to provisions that suspend or defer a

sentence.

Synopsis of HJC Amendment

The House Judiciary Committee amendment reduces the minimum sentence for battery, against a

household member, from thirty days to fifteen days for a third offense, and from six months to

ninety days for a fourth offense.

Lastly, the amendment increases the minimum sentence for aggravated battery, against a

household member, from forty-eight hours to seventy-two hours for a second offense.

Synopsis of Original Bill

House Bill 5 requires mandatory jail sentences and treatment after the first conviction for Battery

Against a Household Member Section 30-3-15 NMSA 1978 and Aggravated Battery Against a

Household Member Section 30-3-16 NMSA 1978.

House Bill 5/aHJC/aHFL – Page

2

Section 1: Battery Against a Household Member

Beginning with the second offense, the sentence must include mandatory jail time that cannot be

suspended, deferred, or taken under advisement. See table below. The sentence must also

include participation and completion of a domestic violence treatment program as defined in 34-

15-2 NMSA 1978. Notwithstanding any law to the contrary, if a sentence was suspended or

deferred, probation may extend up to 364 days plus 90 days.

Offense

Degree

Mandatory Jail Time

First

Misdemeanor

Not specified

Second

Misdemeanor

48 hours

Third

Misdemeanor

30 days

Fourth and subsequent Fourth Degree Felony 6 months

Section 2: Aggravated Battery Against a Household Member NMSA 1978

Beginning with the second offense, the sentence must include mandatory jail time that cannot be

suspended, deferred, or taken under advisement. See table below. The sentence must also include

participation and completion of a domestic violence treatment program as defined in 34-15-2

NMSA 1978. Notwithstanding any law to the contrary, if a sentence was suspended or deferred,

probation may extend up to 364 days plus 90 days.

Offense

Degree

Mandatory Jail Time

First

Misdemeanor

None

Second

Misdemeanor

48 hours

Third

Misdemeanor

30 days

Fourth and subsequent Fourth Degree Felony 6 months

House Bill 5 requires all persons convicted of battery or aggravated battery of a household

member to complete a domestic violence offender treatment program. The bill requires that this

treatment program be approved the by the Children, Youth, and Families Department instead of

being based on Section 34-15-2(D) NMSA 1978.

The effective date of this law is July 1, 2007.

FISCAL IMPLICATIONS

There is no appropriation in this bill. This bill will have several fiscal implications on the

Corrections Department. By increasing the penalties and requiring imprisonment the number of

domestic violence offenders incarcerated in New Mexico prisons is likely to increase. Because

only repeat offenders are required to serve long sentences the increase is not expected to be

great. Because none of the mandatory sentences exceed a year, most incarceration time served

will be in County jails and not state prisons. The largest impact of this bill is likely to be felt by

the Probation/Parole Division. People convicted of these crimes are likely to be supervised by

the Adult Probation/Parole Division. This will increase caseloads. Extending sentences past 364

days will also increase caseloads because probationers will remain on probation for a longer

period of time. The mandatory treatment provisions will increase the level of supervision in

many instances. Higher supervision levels require more man-hours per probationer. Making

offenses felonies instead of misdemeanors would also mandate a parole period. This will also

House Bill 5/aHJC/aHFL – Page

3

increase caseloads for the Probation/Parole division, which supervises parolees. Some District

Courts have a special probation officer who acts under the direction of the court and not the

Corrections Department. These outside probation officers will reduce some of the impact. It is

also likely that some of these offenders will be placed on unsupervised probation, which will also

lessen the impact on the Corrections Department.

Any fiscal impact on the judiciary would be proportional to the enforcement of this law and

commenced prosecutions. There may be an increase in the amount of work that needs to be done

by the courts, thus requiring additional resources to handle increase.

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. 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.

Furthermore, as is in DWI cases, more court time will be needed to prove prior convictions,

leading to longer trials and the need for additional resources.

SIGNIFICANT ISSUES

This bill makes a jail time mandatory for each conviction and limits judicial sentencing

discretion. Persons convicted of this offense must also successfully complete a domestic violence

offender treatment program as part of their sentence. It is unknown if there are sufficient

treatment programs in all regions of the state to meet this requirement.

PERFORMANCE IMPLICATIONS

The courts are participating in performance based budgeting. This bill may impact the courts’

performance based budgeting measures, which may result in a need for additional resources. For

example, the district court’s performance measure clearance rates may be impacted if increased

penalties lead to an increased demand for jury trials and fewer plea bargains, thereby increasing

the amount of judge and clerk time needed to dispose of cases.

ADMINISTRATIVE IMPLICATIONS

Overall, passage of this bill is not likely to have significant performance implications for the

Corrections Department or the judiciary.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Status Quo

CS/mt:csd