SENATE JOINT MEMORIAL 17

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Phil A. Griego

FOR THE REVENUE STABILIZATION AND TAX POLICY COMMITTEE

A JOINT MEMORIAL

REQUESTING DISTRICT ATTORNEYS TO PLACE DEFENDANTS WITH GAMBLING ADDICTIONS WHO ARE CHARGED WITH NONVIOLENT OFFENSES RESULTING FROM THAT ADDICTION IN PREPROSECUTION DIVERSION PROGRAMS.

     WHEREAS, a district attorney is authorized by the Preprosecution Diversion Act to divert nonviolent offenders who meet that district attorney's criteria for an eligible defendant into a preprosecution diversion program that provides counseling and guidance, restitution as appropriate and referral for treatment and rehabilitation; and

     WHEREAS, the compulsive gambling council, after much deliberation and study, seeks to have nonviolent defendants whose offenses arise from the defendant's underlying gambling addiction placed in preprosecution diversion programs; and

     WHEREAS, gambling addictions afflict a relatively small number of New Mexico residents, but such addictions may result in crimes such as embezzlement, theft, forgery or fraud and can cause extreme damage in the life of a person with a gambling addiction and have great effect on that person's relationships, the lives of that person's family, friends and coworkers and the community in which that person lives; and

     WHEREAS, a person with a gambling addiction should be held responsible for crimes committed and will require rehabilitation through counseling and treatment that will prevent the person from repeating actions that feed into the person's addictive behavior; and

     WHEREAS, restitution may be a more effective punishment than incarceration, and the expense of incarceration that does not lead to rehabilitation creates a further burden on a community;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the district attorneys of the state be requested to make every effort to place defendants who are accused of committing nonviolent offenses that result from the defendant's underlying gambling addiction in preprosecution diversion programs pursuant to Sections 31-16A-1 through 31-16A-8 NMSA 1978; and

     BE IT FURTHER RESOLVED that these offenders be required to pay restitution and submit to counseling, treatment and other available methods of rehabilitation; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the administrative office of the district attorneys for distribution to each district attorney in New Mexico.

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