Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Lujan
LAST UPDATED
ORIGINAL DATE 2/28/25
SHORT TITLE Solitary Confinement Changes
BILL
NUMBER House Bill 533
ANALYST Sanchez
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
NMCD – Facility
Modifications
No fiscal impact
$5,000.0 to
$15,000.0
No fiscal impact
$5,000.0 to
$15,000.0
Nonrecurring General Fund
NMCD –
Additional
Staffing
No fiscal impact
$1,000.0 to
$2,000
$1,000.0 to
$2,000
$2,000.0 to
$4,000
Recurring General Fund
NMCD –
Rehabilitative
Programming
No fiscal impact
$5,000.0 to
$15,000.0
$5,000.0 to
$15,000.0
$10,000.0 to
$30,000.0
Recurring General Fund
NMCD –
Reporting and IT
System Upgrades
No fiscal impact
$500.0 to
$1,000.0
$500.0 to
$1,000.0
$1,000.0 to
$2,000.0
Recurring General Fund
Total
No fiscal
impact
$11,500.0 to
$33,000.0
$6,500.0 to
$18,000.0
$18,000.0 to
$51,000
Recurring General Fund
NMCD - Potential
Savings
(Litigation and
Recidivism
Reduction)
No fiscal impact
($500.0) to
($2,000.0)
($500.0) to
($2,000.0)
($1,000.0) to
($4,000.0)
Recurring General Fund
Net Fiscal
Impact
No fiscal
impact
$11,000.0 to
$31,000.0
$6,000.0 to
$16,000.0
$17,000.0 to
$47,000.0
Recurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
U.S. Department of Justice
National Institute of Justice
National Conference of State Legislatures
National Institute of Corrections
Vera Institute of Justice
Agency Analysis Received From
Corrections Department (NMCD) Law Offices of the Public Defender (LOPD) Agency Analysis was Solicited but Not Received From
Administrative Office of the Courts (AOC) Municipal League (ML) Council of Governments (COGs) House Bill 533 – Page 2
Because of the short timeframe between the introduction of this bill and its first hearing, LFC has
yet to receive analysis from some state, education, or judicial agencies. If that analysis is
received, this analysis could be updated.
SUMMARY
Synopsis of House Bill 533
House Bill 533 (HB533) amends the Restricted Housing Act, codified in Sections 33-16-1
through 33-16-5 NMSA 1978, to modify statutory provisions governing the use of restricted
housing in correctional facilities. The bill expands restrictions on solitary confinement, refines
definitions, and establishes additional reporting and oversight requirements.
HB533 revises Section 33-16-2 NMSA 1978 to modify the definition of “restricted housing,”
reducing the threshold for solitary confinement from 22 hours per day to 17 hours per day
without rehabilitative programming that includes meaningful human contact. The bill introduces
a statutory definition of “meaningful human contact,” which encompasses in-person or virtual
interactions with family members, peers, counselors, or educators for purposes beyond
institutional discipline.
The bill amends Section 33-16-3 NMSA 1978 to extend the prohibition on restricted housing for
certain inmate populations. The existing statutory restriction on housing individuals under 18 in
solitary confinement is expanded to those under twenty-one, as well as individuals aged fifty-five
and older. The bill also clarifies that pregnant and postpartum inmates, as well as individuals
identified as lesbian, gay, bisexual, transgender or queer, may not be placed in restricted housing
involuntarily or for purposes of protective custody.
HB533 imposes new limits on the duration of restricted housing. Under the proposed amendment
to Section 33-16-3 NMSA 1978, no inmate may be placed in restricted housing for more than 15
consecutive days or a cumulative total exceeding 90 days within a 12-month period. If an inmate
is held beyond these limits, the warden or jail administrator must document the justification and
develop a transition plan to remove the inmate from restricted housing as soon as feasible. In
addition, the bill prohibits county jails from placing inmates in restricted housing within the first
three days of incarceration unless a suicide screening determines the inmate is at risk of self-
harm.
The bill amends Section 33-16-5 NMSA 1978 to enhance reporting and oversight. Correctional
facilities will be required to submit quarterly reports on the use of restricted housing, including
placement durations, identifying characteristics of affected inmates, and other relevant data.
These reports must be provided to the legislature for state-run facilities and to county
commissioners for local jails. The Corrections Department (NMCD) must also publish these
reports on its website.
Lastly, HB533 includes language prohibiting policies or practices that are functionally equivalent
to restricted housing or solitary confinement, regardless of how such measures are labeled within
an institution.
This bill does not contain an effective date and, as a result, would go into effect 90 days after the
Legislature adjourns if enacted, or June 20, 2025. House Bill 533 – Page 3
FISCAL IMPLICATIONS
The fiscal impact of HB533 is contingent on how correctional facilities adapt to the proposed
restrictions on restricted housing, the expanded inmate classifications covered by the bill, and the
administrative requirements associated with new reporting mandates.
NMCD anticipates substantial financial implications if HB533 is enacted. The department notes
the bill’s redefinition of “restricted housing” may result in the reclassification of a significant
number of general population inmates, limiting available housing capacity and potentially
requiring emergency inmate transfers, alternative housing arrangements, or facility
modifications. These adjustments could incur substantial infrastructure and operational costs.
NMCD states that limiting restricted housing to a maximum of 15 consecutive days and 90
cumulative days per year may require new housing strategies, increased staffing, and enhanced
rehabilitative programming.
While NMCD did not provide specific cost estimates in its analysis, the fiscal impact of HB533
could include costs related to staffing, housing modifications, rehabilitative programming, and
compliance with new reporting requirements. Based on estimates from national studies and
correctional budget data, the operational impact of restricting the use of restricted housing may
result in additional expenses. Expanding alternative housing arrangements, including dormitory-
style housing or mental health units, could require facility modifications at an estimated cost of
$50 thousand to $100 thousand per bed. Additional staffing to supervise inmates outside
restricted housing may result in increased personnel costs, with correctional officer salaries
averaging $50 thousand to $60 thousand annually, plus benefits. If NMCD requires 20 to 30
additional officers, this could lead to an increase of $1 million to $2 million annually.
Rehabilitative programming, including mental health services and vocational training, may also
need expansion to comply with the bill’s requirement for meaningful human contact. Studies
indicate such programming can cost $5,000 to $15 thousand per inmate annually, which could
translate to an increase of $5 million to $15 million annually if at least 1,000 inmates are
affected.
The bill also mandates quarterly reporting on restricted housing placements, requiring
correctional facilities to track and report detailed inmate data to the Legislature and local
governing bodies. NMCD anticipates that compliance with these reporting requirements could
strain existing administrative resources. Additional personnel or system upgrades may be
necessary to manage data collection, analysis, and publication.
Again, while NMCD did not provide specific cost estimates in its analysis, further research by
LFC indicates administrative costs related to quarterly reporting and compliance tracking could
require additional staff or IT system upgrades, with costs estimated at between $500 thousand
and $1 million annually.
While these changes may result in increased costs to the agency, studies also indicate potential
long-term savings from reduced litigation related to solitary confinement and lower recidivism
rates. If litigation costs are reduced by 10 percent, NMCD could save $500 thousand to $2
million annually. However, NMCD suggests that legal challenges related to the bill’s provisions
may increase litigation costs, though the scope of this impact is uncertain. House Bill 533 – Page 4
The Law Offices of the Public Defender (LOPD) reported no fiscal impact associated with
HB533.
The full fiscal impact of HB533 will depend on the extent to which correctional facilities must
modify housing arrangements, increase staffing, enhance rehabilitative programming, and
implement administrative processes for compliance. A detailed cost estimate from affected
agencies would be necessary to assess the total financial burden of implementation.
SIGNIFICANT ISSUES
NMCD raised concerns that the bill’s revised definition of restricted housing may result in the
unintended reclassification of general population inmates as being in restricted housing, as many
inmates spend more than 17 hours per day in their cells. The department suggests this could
effectively reduce housing availability and require the transfer or reassignment of inmates.
The department also notes that restricted housing is often used for inmates who pose security
risks, including those with histories of violence against staff or other inmates. NMCD has
expressed concerns that the bill’s limitations on restricted housing may impact the ability of
facilities to manage such individuals, potentially leading to increased incidents of violence.
Additionally, the reporting requirements imposed by HB533 may create administrative burdens
for correctional facilities. The department indicates that tracking and compiling the required data
may require additional staffing or technological resources.
ADMINISTRATIVE IMPLICATIONS
HB533's administrative impact will primarily affect NMCD and county detention facilities
because the bill imposes new housing restrictions, reporting requirements, and operational
constraints.
Correctional staff may require additional training to comply with the revised restrictions on
solitary confinement and to implement rehabilitative programming that satisfies the bill’s
requirement for “meaningful human contact.” NMCD also notes that limiting restricted housing
to 15 consecutive days and 90 cumulative days per year may require increased staffing levels to
monitor and manage inmates previously housed under long-term restricted housing conditions.
For county jails, the prohibition on restricted housing within the first three days of incarceration
may require modifications to intake and classification procedures. However, without input from
counties and municipalities, these impacts are not assessed for this analysis.
TECHNICAL ISSUES
NMCD raised concerns about the bill’s definition of “restricted housing” and “meaningful
human contact,” noting that the language may lead to operational and legal uncertainties.
Specifically, NMCD indicates the revised definition could result in the unintended
reclassification of general population inmates as being in restricted housing based on time spent
in their cells. House Bill 533 – Page 5
OTHER SUBSTANT IVE ISSUES
The bill’s prohibition on placing individuals under 21 or over 55 in restricted housing, as well as
its limitations on restricted housing for certain vulnerable populations, may require facilities to
implement alternative housing and management strategies. The operational feasibility of these
alternatives has not been fully assessed.
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