The Consumer & Public Affairs Committee gave House Bill 406 a do-pass recommendation after testimony from the Crime Victims Reparation Commission and victim-service organizations.

Representative Herndon sponsored HB 406, which would amend the Scribe Victims Reparation Act to allow incarcerated people who were victims of enumerated crimes to apply for compensation through the Crime Victims Reparation Commission (CVRC). Frank Zubia, director of the New Mexico Crime Victims Reparation Commission, told the committee the state agency already provides compensation and funds victim-service organizations; the bill would extend compensation eligibility to incarcerated victims and align New Mexico with the practices of some other states.

Supporters said many incarcerated people have experienced sexual and physical violence while confined; Alexandria Taylor of the New Mexico Coalition of Sexual Assault Programs said studies show high victimization rates among people who have been incarcerated. Zubia said two states that allow incarcerated victims to apply, Iowa and Idaho, report that fewer than 1% of incarcerated people seek compensation; most institutional expenses are covered by the corrections facility.

Committee members asked how applicants would document incidents and whether medical and counseling services are available in institutions. Zubia said the commission removed the requirement to cooperate with law enforcement years ago and now accepts verification from licensed medical or mental health providers, including tribal providers; incarcerated applicants would typically disclose incidents to an institution medical or mental-health provider who could document the claim. He said the agency is a payer of last resort and looks for collateral sources such as insurance or institutional resources.

Budget considerations: Zubia said federal VOCA funding has declined sharply and that the Legislature has provided state appropriations to meet needs. Legislative fiscal analysts and DFA have recommended $500,000 in state support for care and support programs; CVRC said historically federal funding declined from about $22 million to roughly $4.5 million and that state support has been critical.

Committee action: the panel recommended the bill as do pass (5–1); language in committee discussion emphasized safeguards for eligibility and coordination with institutional providers.

Next steps: the bill moves forward; committee members asked CVRC to provide follow-up information on program funding and implementation safeguards.