NOTE: As provided in LFC policy, this report is
intended only 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 for
other purposes.
The most recent FIR
version (in HTML & Adobe PDF formats) is available on the Legislative
Website. The Adobe PDF version includes
all attachments, whereas the HTML version does not. Previously issued FIRs and attachments may be obtained from the
LFC in Suite 101 of the State Capitol Building North.
SPONSOR: |
King |
DATE TYPED: |
2/27/03 |
HB |
677 |
||
SHORT TITLE: |
Rape Crisis Center Programs |
SB |
|
||||
|
ANALYST: |
Dunbar |
|||||
APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
$150.0 |
|
|
Recurring
|
GF |
|
|
|
|
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
Responses
Received From
Department
of Health (DOH)
Health
Policy Commission (HPC)
SUMMARY
Synopsis
of Bill
House Bill 677 appropriates $150,000 in general fund to the Department of Health (DOH) for FY04 to contract in equal amounts for rape crisis program services in the Albuquerque, Santa Fe and Las Cruces areas.
Significant
Issues
In 2001, there were 2,646 sex crimes reported to the New Mexico Interpersonal Violence Data Central Repository. Of these sex crimes, 41% (n=1098) were cases of criminal sexual penetration. Currently, DOH provides minimal support with federal funds to rape crisis centers and other sexual assault services through a contractual agreement with the New Mexico Coalition of Sexual Assault Programs.
A total of $64,000 supports sexual violence prevention programs in Albuquerque, Santa Fe, Las Cruces, Taos, Aztec, and Roswell. These funds do not contribute to intervention or treatment programs in these centers. This report further reflects:
· Findings
from law enforcement and service providers demonstrate that victims of sex
crimes are overwhelmingly female and are most often victimized by age 12.
· Sexual
assault during childhood is a precursor to experiencing a sexual assault in the
future. Almost half (46%) who sought assistance for a sexual assault in 2002,
had experienced a prior sexual assault.
· Native
Americans and Blacks were over-representing as sexual assault victims, but under-represented
among those who sought therapeutic assistance.
· Sexual
victimization of teens (13-17) more often involve a deadly weapon (gun or
knife) than victims of other ages.
· Almost
one-third (30%) of victims who sought assistance for a sexual assault had some
type of disability before the sexual assault. Most of these victims (77%) were
mentally/emotionally disabled.
· Only
32% of the sex crimes that came to the attention of service providers were
reported to law enforcement.
DOH
Behavioral Health Services Division (BHSD) is obligated by Sex Crimes
Prosecution and Treatment Act [29-11-1 to 29-11-7 NMSA 1978] to provide
“psychological treatment” to victims of sexual assault. It should be noted the last time DOH/BHSD
received an appropriation to carry out the provisions of this act was
approximately nine calendar years ago in the amount of $175,000 state general
fund for “sexual assault intervention services in Northern New Mexico”.
Proposed Performance Measure: Number of sexual assault service interventions provided by three rape crisis centers – Albuquerque, Santa Fe, and Las Cruces.
FISCAL IMPLICATIONS
The appropriation of
$150.0 contained in this bill is a recurring expense to the general fund. Any
unexpended or unencumbered balance remaining at the end of FY 04 shall revert
to the general fund.
DOH mentions an
initiative by advocates to collaborate with the Governor’s office to develop
legislation that would appropriate a larger amount of funds for a more
comprehensive approach to sexual assault prevention and intervention
services. The proposed amount is $1
million to fund the statewide NM Coalition of Sexual Assault Programs, rape
crisis centers statewide (5 sites), and the SANE Units (5) in NM.
Currently, DOH supports
funding for the rape crisis programs through a Centers for Disease and
Prevention Grant, Coalition on Sexual Assault Program.
The only other funding related to sexual assault
is the DOH Medical Fund, $500,000, which flows through the Behavioral Health
Services Division and goes directly to hospitals to pay for sexual assault
medical exams.
ADMINISTRATIVE IMPLICATIONS
DOH/BHSD
has in place personnel, promulgated standards and contractual language which
helps fulfill their obligations under the “Sex Crimes Prosecution and Treatment
Act”. DOH/BHSD already has through
their Regional Care Coordinator contracts for rape crisis program services
through Albuquerque Rape Crisis Center, Santa Fe Rape Crisis Center and La
Pinion. Therefore, BHSD does not
anticipate substantial administrative impact if HB 677 is enacted.
OTHER SUBSTANTIVE ISSUES
The “Sex Crimes Prosecution and Treatment
Act” 29-11-1 to 29-11-7 NMSA 1978 states that the “administrator” (i.e.,
Director, BHSD) shall develop a statewide plan, which shall include, but is
not, limited to:
(1)
education
and training of law enforcement officers and criminal justice and medical
personnel;
(2)
development
of strategies for prevention of such crimes;
(3)
collection,
processing and analysis of evidence which facilitates prosecution of suspects
of sexual crimes;
(4)
medical and
psychological treatment of victims of such crimes; and
(5)
arranging
for victims of sexual crimes to obtain free forensic medical exams.
The
act also provides for the creation of a Medical Fund for medical care to
victims and directs the administrator to oversee the usage of the fund and most
recently, the provision of free forensic medical examination.
The
NM Clearinghouse on Sexual Abuse and Assault Services lists 5 NM rape crisis
centers on its website. The
centers/programs are located in Albuquerque, Aztec, Las Cruces, Santa Fe, and
Taos. (Found at http://www.swcp.com/nmcsaas/resources.html#3.)
The Santa Fe Rape Crisis Center has provided
support to Santa Fe and northern New Mexico residents for 25 years. It provides
direct support services “to over 500 survivors of sexual violence and their families
each year” and reaches over 10,000 people annually through outreach and
prevention programs. (Found at http://www.sfrcc.org/about/about.html#top.)
In
Las Cruces, La Piñon provides several support programs with three full and two
part-time staff and close to 50 volunteers. (Found at http://www.zianet.com.)
There
are many needs outside the Rio Grande corridor. Consideration should be given
to including in this bill the rape crisis center initiatives in Aztec, Roswell,
Silver City and Taos, as well as the existing 5 SANE (sexual assault nurse
examiners) units in the state, and the statewide NM Coalition of Sexual Assault
Programs. To accommodate this broader and more inclusive bill, the funding
amount would need to be increased.
BD/njw:prr