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

SPONSOR Pinto

DATE TYPED 02/09/05 HB

SHORT TITLE Albuquerque Native American Violence Shelters

SB 759

ANALYST Weber

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$300.0

Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HB 618

Duplicates Appropriation in the General Appropriation Act

SOURCES OF INFORMATION

LFC Files

Responses Received From

Indian Affairs Department

SUMMARY

Synopsis of Bill

Senate Bill 759 appropriates $300 thousand from the general fund to the Indian Affairs Depart-

ment for the purpose of providing domestic violence shelter services for native American women

and children in Albuquerque.

Significant Issues

The Indian Affairs Department reports:

Currently, there is a great need for off reservation domestic violence shelters for Indian

women and children in New Mexico. Albuquerque has an American Indian population of

over 40,000, yet there are few programs and services available to meet the needs of In-

dian women and children.

Senate Bill 759 -- Page 2

The few existing domestic violence shelters in Albuquerque do not always provide cul-

turally sensitive services to American Indians. There is only one Indian staffed and cul-

turally competent provider which provides counseling, support group meetings, chil-

dren’s groups, court and legal advocacy, and other services to American Indians.

There is clearly a need for American Indian domestic violence shelters and services when

crime victimization rates in the American Indian community are significantly higher than

in the general U.S. population. As a result of these high rates of violence, American In-

dian women are at high risk of homicide, including domestic violence. (College of Emer-

gency Physicians Report in 1995). Homicide is the 3rd leading cause of death for Ameri-

can Indian women and over 75% were killed by a family member or acquaintance

(Homicide and Suicide Among Native American 1979-1992.).

A 1999 study by the US Department of Justice’s Bureau of Justice Statistics reports:

•

The frequency of battering in Indian Country is believed to be much higher than

the national norm. American Indians, in general, experience per capita rates of

violence that are more than twice those of the resident population.

•

American Indian women experience the highest rate of violence of any group in

the United States, nearly 50% higher than that reported by black males.

•

American Indian women stand a high risk of losing their children in instances of

physical and sexual abuse.

•

Three-fourths of American Indian women have experienced some type of sexual

assault in their lives.

•

Abuses against American Indians are committed by persons not of the same race-

a substantially higher rate of interracial violence than experienced by white or

black victims. 75% of the intimate victimizations and 25% of the family victimi-

zations involved an offender of a different race.

•

American Indian victims of intimate and family violence are more likely than oth-

ers to be injured and need hospital care.

•

The life expectancy of American Indian women in the U.S. is 47 years.

•

47% of all women will be raped in their lifetime.

•

50% of all women will be battered by their spouse/partner.

•

40% of women in prison for felonies are there because they killed an abusive part-

ner/spouse.

•

Women of color are 64% of the female prison population and serve longer sen-

tences for the same crime as do white women or men of color.

PERFORMANCE IMPLICATIONS

Performance measures should be included to help access the success of the program.

FISCAL IMPLICATIONS

The appropriation of $300 thousand contained in this bill is a recurring expense to the general

fund. Any unexpended or unencumbered balance remaining at the end of FY06 shall revert to the

general fund.

Senate Bill 759 -- Page 3

TECHNICAL ISSUES

The Indian Affairs Department continues.

SB 759 is directing that the appropriation be made to the Indian Affairs Department. Efforts are

being made in the Executive Branch to coordinate all domestic violence and sexual assault ser-

vice funds through the Children, Youth and Families Department (CYFD). CYFD has a domes-

tic violence and sexual assault division that is better equipped to administer, monitor, provide

technical assistance and to establish and oversee appropriate policies for domestic violence ser-

vices. Appropriating the funds to CYFD will better serve the intent of SB 759.

MW/sb:njw