NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to HB 90

SOURCES OF INFORMATION

Corrections Department

Department of Health

District Attorney's

Association of Counties

Criminal Juvenile Justice Coordinating Council

SUMMARY

Synopsis HCPAC Amendments

On page 1, line 12, after "of" strikes the remainder of the line and lines 13 and 14 in their entirety and inserts in lieu thereof "providing residential services for male and female offenders in Albuquerque who are unable to qualify for community corrections or who are unable to secure a viable parole plan.".

Also, on page 1, line 20, after "of" strikes the remainder of the line and line 21 and 22 in their entirety, on line 23, strikes "in Bernalillo county" and inserts in lieu thereof "providing residential services for male and female offenders in Albuquerque who are unable to qualify for community corrections or who are unable to secure a viable parole plan.

Synopsis of Bill

HB 58 appropriates fifty five thousand dollars ($55,000) from the general fund to the Corrections Department for expenditure in fiscal year 2000 for the purpose of expanding transitional services provided to male and female parolees by a city designated community residential corrections program located in Albuquerque, Bernalillo County. The bill contains a reversion clause at the end of fiscal year 2000.

Significant Issues

The Corrections Department has indicated that there a re two items of significance:

1. The Department reports that it ordinarily contracts for community corrections program services, including residential services, by utilizing the community corrections grant fund. The department has indicated that this bill appropriates fifty five thousand ($55,000) directly to the department rather than the community corrections grant fund.

2. The Department indicates that it is somewhat unusual for a bill to appropriate funds to the Corrections Department but then to place a requirement to contract with a program designated by the City of Albuquerque. Also, the Department reports it is unclear whether this city designated program would be required to participate in any sort of competitive proposal process.

FISCAL IMPLICATIONS

HB 58 appropriates fifty five thousand dollars ($55,000) from the general fund to the Corrections Department for expenditure in fiscal year 2000 for the purpose of expanding transitional services provided to male and female parolees by a city designated community residential corrections program located in Albuquerque, Bernalillo County. The Department has indicated since the contract could include a term to coincide with the fiscal year, the programs obtained with the appropriation would probably not result in a recurring cost to the state.

The Corrections Department reports that the bill could possibly result in a minimal increase in revenues to the state from increased collection of fines and probation supervision costs.

ADMINISTRATIVE IMPLICATIONS

The Corrections Department reports that the passage of this bill will result in a minor increase in the administration but this minor increase may be absorbed by the Department.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

Duplication HB 58aHCPAC - HB 90 would appropriate $150.0 from the general fund for reintegration services in south east Albuquerque.

The Corrections Department indicates this bill tends to duplicate or overlap the departments annual appropriation to the community corrections grant fund.

OTHER SUBSTANTIVE ISSUES

HB 58/aHCPAC - According to the Criminal Juvenile Justice Coordinating Council, the transition from prison to society is a difficult one for most offenders, and particularly for some. Without adequate services, some ex-prisoners run a high risk of reoffending soon after their release. The proposed residential services in Albuquerque would provide an important addition to the limited program that is already in place.

The Corrections Department reports there is some possibility that allowing the City of Albuquerque to designate the program that is to receive the funds might be a violation of the competitive procurement process.

ALTERNATIVES

The Corrections Department suggests making the appropriation to the community corrections grant fund. If this suggestion is pursued, staff reports there is sufficient funding in both the LFC and Executive recommendations for vendor based community corrections.

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