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AN ACT

RELATING TO DOMESTIC VIOLENCE; CHANGING THE NAME OF THE

DOMESTIC VIOLENCE OFFENDER TREATMENT FUND TO THE DOMESTIC

VIOLENCE OFFENDER TREATMENT OR INTERVENTION FUND; ALLOWING

REFERRALS TO AND VOLUNTARY PARTICIPATION IN DOMESTIC VIOLENCE

OFFENDER PROGRAMS; AMENDING AND REPEALING SECTIONS OF THE NMSA

1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 31-12-11 NMSA 1978 (being Laws 2003,

Chapter 387, Section 1) is amended to read:

"31-12-11. COURT FEES--DEPOSIT IN THE DOMESTIC VIOLENCE

OFFENDER TREATMENT OR INTERVENTION FUND.--

A. In addition to any other fees collected in the

district court, metropolitan court and magistrate court, those

courts shall assess and collect from a person convicted of a

penalty assessment misdemeanor, traffic violation, petty

misdemeanor, misdemeanor or felony offense a "domestic

violence offender treatment fee" of five dollars ($5.00).

B. Domestic violence offender treatment fees shall

be deposited in the domestic violence offender treatment or

intervention fund."

Section 2. Section 31-12-12 NMSA 1978 (being Laws 2003,

Chapter 387, Section 2) is amended to read:

"31-12-12. DOMESTIC VIOLENCE OFFENDER TREATMENT OR

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INTERVENTION FUND CREATED--APPROPRIATION--PROGRAM

REQUIREMENTS.--

A. The "domestic violence offender treatment or

intervention fund" is created in the state treasury. All fees

collected pursuant to the provisions of Section 31-12-11 NMSA

1978 shall be transmitted monthly to the department of finance

and administration for credit to the domestic violence

offender treatment or intervention fund.

B. Balances in the domestic violence offender

treatment or intervention fund are appropriated to the

children, youth and families department to provide funds to

domestic violence offender treatment or intervention programs

to defray the cost of providing treatment or intervention to

domestic violence offenders. Unexpended or unencumbered

balances remaining in the fund at the end of any fiscal year

shall not revert to the general fund.

C. Payment out of the domestic violence offender

treatment or intervention fund shall be made on vouchers

issued and signed by the secretary of children, youth and

families upon warrants drawn by the department of finance and

administration.

D. In order to be eligible for money from the

domestic violence offender treatment or intervention fund, a

domestic violence offender treatment or intervention program

shall include the following components in its program:

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(1) an initial assessment to determine if a

domestic violence offender will benefit from participation in

the program;

(2) a written contract, which must be signed

by the domestic violence offender, that sets forth:

(a) attendance and participation

requirements;

(b) consequences for failure to attend

or participate in the program; and

(c) a confidentiality clause that

prohibits disclosure of information revealed during treatment

or intervention sessions;

(3) strategies to hold domestic violence

offenders accountable for their violent behavior;

(4) a requirement that group discussions are

limited to members of the same gender;

(5) an education component that:

(a) defines physical, emotional,

sexual, economic and verbal abuse and techniques for stopping

those forms of abuse; and

(b) examines gender roles,

socialization, the nature of violence, the dynamics of power

and control and the effects of domestic violence on children;

(6) a requirement that a domestic violence

offender not be under the influence of alcohol or drugs during

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a treatment or intervention session;

(7) a requirement, except with respect to a

domestic violence offender who is a voluntary participant in

the program, that the program provide monthly written reports

to the presiding judge or the domestic violence offender's

probation or parole officer regarding:

(a) proof of the domestic violence

offender's enrollment in the program;

(b) progress reports that address the

domestic violence offender's attendance, fee payments and

compliance with other program requirements; and

(c) evaluations of progress made by the

domestic violence offender and recommendations as to whether

or not to require the offender's further participation in the

program; and

(8) a requirement that the term of the

program be at least fifty-two weeks.

E. Counseling for couples shall not be a component

of a domestic violence offender treatment or intervention

program.

F. As used in this section, "domestic violence

offender" means a person:

(1) convicted for an offense pursuant to the

provisions of the Crimes Against Household Members Act;

(2) convicted for violating an order of

protection granted by a court pursuant to the provisions of

the Family Violence Protection Act;

(3) referred to a domestic violence offender

treatment or intervention program by a judge, a domestic

violence special commissioner or the parole board; or

(4) who voluntarily participates in a

domestic violence offender treatment or intervention program."

Section 3. TEMPORARY PROVISION--TRANSFER OF FUNDS.--All

money, fees, appropriations, gifts, grants and donations in

the domestic violence offender treatment fund are transferred

to the domestic violence offender treatment or intervention

fund.

Section 4. REPEAL.--Sections 34-15-1 and 34-15-2 NMSA

1978 (being Laws 2003, Chapter 94, Sections 1 and 2) are

repealed.

Section 5. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2008.

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