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F I S C A L I M P A C T R E P O R T
SPONSOR Beffort
ORIGINAL DATE
LAST UPDATED
1-20-06
2-06-06 HB
SHORT TITLE Domestic Violence Prevention Services
SB 221/a SPAC
ANALYST David Lucero
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY06
FY07
$3,000.0
Recurring
General Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates HB213, Relates to HB58 and SB124 and HB12.
Relates to Appropriation in the General Appropriation Act
SOURCES OF INFORMATION
LFC Files
Responses Received From
Children, Youth and Family Department (CYFD)
New Mexico Corrections Department – “No Impact” (NMCD)
Public Education Department (PED)
SUMMARY
Synopsis of SPAC Amendment
The Senate Public Affairs Committee amended SB221 as follows:
1.
page 1 line 21,
$1,000.0 $2,000.0 for shelter care, shelter improvements, expansion and
supplies;
2.
page 1, lines 24 and 25,
$1,500.0 $500.0 to provide child and adolescent counseling and
crisis intervention for victims of domestic violence and their children;
3. $500.0 to provide training and education in public schools and other community centers
that provide services to families dealing with domestic violence.
The amendments do not change the fiscal or performance implication for CYFD.
As amended, SB221 is now in conflict with SB124 which also appropriates $3,000.0 for domes-
tic violence. Both bills appropriate money for shelter improvements. Shelter improvement with
general fund may be a violation of the anti-donation clause. SB124 was amended to re-allocate
the shelter improvement money to domestic violence services.
pg_0002
Senate Bill 221/a SPAC – Page
2
CYFD would like to propose an amendment to have the $2,000.0 portion of the funding be ap-
propriated to the Department of Finance and Administration, Local Government Division.
The amendment conflicts with HB213 which is the duplicate of this bill and should also be
amended.
Synopsis of Original Bill
Senate Bill 221 appropriates $3.0 million from the general fund for expenditure in 2007 to Chil-
dren, Youth and Families Department (CYFD) for the purpose of funding contractual services
for domestic violence prevention and service response providers. The appropriation includes
$1,000,000 for shelter care and shelter improvements, expansion and supplies; $1,500,000 to
provide adolescent counseling and crisis intervention for victims of domestic violence and their
children; and $500.0 to provide training and education in public schools and other community
centers that provide services to families dealing with domestic violence.
FISCAL IMPLICATIONS
This appropriation was not included in the CYFD budget request; however the executive rec-
ommendation includes $3.0 million for expanded statewide domestic violence services.
The appropriation of $3.0 million contained in this bill is a RECURRING expense to the
GENERAL FUND. Any unexpended or unencumbered balance remaining at the end of 2007
shall revert to the GENERAL FUND.
CYFD is the fiscal agent for this bill. The Public Education Department (PED) and schools
would not be impacted.
SIGNIFICANT ISSUES
The bill specifies $1,000.0 for shelter care and shelter improvements, expansion and supplies.
Providing a general fund appropriation for shelter improvements and expansion may violate the
anti-donation statute. Perhaps a revolving fund can provide low or no interest loans to providers.
PED provided the following information:
•
PED received $300.0 in FY06 for domestic violence curriculum in elementary schools.
•
Many of our New Mexico children and youths are victims of domestic violence
(
http://www.ltgovernor.state.nm.us
).
•
In 2004 there were more than 26,000 reported cases of domestic violence
(
http://www.ltgovernor.state.nm.us
).
•
Domestic violence does not discriminate; victims and perpetrators come from every ethnic-
ity, class and age group (
http://www.ltgovernor.state.nm.us
).
•
Studies have shown that child abuse occurs in up to 70% of families that experience domes-
tic violence (
http://www.ltgovernor.state.nm.us
).
•
A 2003 study by Research and Polling done for the Children’s Cabinet showed that one of
the greatest concerns of adults was how the impact of witnessing domestic violence harms
a child for years to come, ruining their relationships and continuing the cycle of violence
(
http://www.ltgovernor.state.nm.us
).
•
Children who witness domestic violence are more likely to fail in school and withdraw from
society (
http://www.ltgovernor.state.nm.us
).
pg_0003
Senate Bill 221/a SPAC – Page
3
•
Domestic violence is often said to happen in a cycle (
http://www.ltgovernor.state.nm.us
).
•
Studies have shown that the most effective steps for reducing domestic violence are to hold
the batterer accountable and to get effective treatment (
http://www.ltgovernor.state.nm.us
).
•
Victims of domestic violence often lack information, economic resources and a support net-
work (
http://www.ltgovernor.state.nm.us
).
•
The most dangerous time for a victim of domestic violence is when he or she is trying to
leave an abusive relationship (
http://www.ltgovernor.state.nm.us
).
PERFORMANCE IMPLICATIONS
The bill does not specify an improved level of performance associated with the increased fund-
ing. It is unclear if the bill seeks to reduce the incidents of domestic violence, provide for an in-
creased level of service, or increase the number of clients served.
CYFD believes the bill would positively impact the department’s performance measures includ-
ing: “Number of adult victim witnesses receiving domestic violence services”, “Percent of adult
victims receiving domestic violence services who show improved client competencies in social,
living, coping and thinking skills”, and “Percent of adult victims receiving domestic violence
services living in a safer, more stable environment”; however the majority of the appropriation is
geared toward children, adolescents, shelter improvements, expansion and supplies..
PED provides the following statement:
In order to ensure New Mexico’s victims of domestic violence have access to services the bar-
riers to shelter care must be lifted. Child and adolescent counseling and crisis intervention and
ongoing training and education in public schools and community centers that provide services
to families dealing with domestic violence issues must occur.
ADMINISTRATIVE IMPLICATIONS
CYFD will not be compensated for the increased administrative cost of contracting these ser-
vices. The administrative cost to release requests for proposals, to monitor the contract perform-
ance, and performance measure reporting is not considered in the bill.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
This bill duplicates HB213
This bill relates to HB 058 and SB 124 which also appropriates $3.0 million to CYFD for domes-
tic violence. HB58 and SB124 declare an emergency and are also for shelter improvements and
services for children who are victims of domestic violence.
This bill relates to HB12 which appropriates $100 thousand for a Shiprock domestic violence
shelter.
TECHNICAL ISSUES
The contract with an eligible provider shall specify and ensure state funds are not used for any
religious, sectarian or denominational purposes, instruction or material.
pg_0004
Senate Bill 221/a SPAC – Page
4
OTHER SUBSTANTIVE ISSUES
Child and adolescent data:
(An Analysis of 2004 Data from the New Mexico Interpersonal Violence
Data Central Repository Betty Caponera, PhD, June 2005)
•
More children (7,170) received services from DV service providers in 2004, which
represents a 35% increase over 2003
•
There were 4,463 children present at the scene of their family violence episodes
in 2004.
•
75% of children who witnessed domestic violence incidents were 11 years old
and under as reported by DV Service Providers.
•
34% (2,292) of the children victim-witnesses were between 0-5 and 41% (2,742)
age 6-11.
•
30% (1,708) of children victim-witnesses as reported by domestic violence service pro-
viders’ experienced physical abuse and 5% (253) experienced sexual abuse.
From the Family Violence Prevention Fund Website:
On January 5, 2006 President Bush signed the Violence Against Women Act of 2005
into law. The Violence Against Women Act of 2005 contains groundbreaking initia-
tives to help children exposed to violence, train health care providers to support victims
of abuse, encourage men to teach the next generation that violence is wrong,
and provide crisis services for victims of rape and sexual assault. H.R. 3402 is part of
the Department of Justice Reauthorization Act of 2005. It also continues efforts to im-
prove the law enforcement response to violence against women and provide supportive
services, such as transitional housing, to women and children forced to leave their
homes because of violence. “The Violence Against Women Act of 2005 provides cities
and towns with the tools they need to combat domestic violence, assist victims and go
after abusers when it occurs.”
First passed in 1994, the Violence Against Women Act was the first federal law to
comprehensively address violence against women. It was re-authorized in 2000, con-
tinuing the essential work begun earlier and adding important services for immigrant,
rural, disabled and older women.
The new re-authorization will expand and extend the law for five years, with funding
appropriated at approximately $3.9 billion. Congress must determine actual authoriza-
tion levels each year, however, and does not always fund programs at the levels in the
appropriation.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
Status quo.
DL/nt:yr