SENATE MEMORIAL 22

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Linda M. Lopez

A MEMORIAL

REQUESTING THAT THE NEW MEXICO LEGISLATIVE COUNCIL APPOINT A TASK FORCE TO STUDY REPORTING OF SEXUAL ASSAULT OF INDIVIDUALS WITH DISABILITIES IN NEW MEXICO.

     WHEREAS, according to the department of health's publication New Mexico - sexual violence free, a statewide strategic plan for the primary prevention of sexual violence 2015 - 2020, ninety-two percent of perpetrators of sexual assault are known, by their victims with disabilities, in capacities such as family members, caregivers or other people close to them; and

     WHEREAS, according to the United States department of justice statistics, individuals with a disability are more than three times more likely to be sexually assaulted, at a rate of two and one-tenth sexual assaults per one thousand individuals, than those who are not living with disabilities, at a rate of six-tenths sexual assaults per one thousand individuals; and

     WHEREAS, individuals with disabilities may be especially vulnerable to exploitation because many of them rely on disabilities service providers whose services may foster dependence or demand compliance on the part of individuals with disabilities, even in the most intimate contexts; and

     WHEREAS, the New Mexico coalition of sexual assault programs collects statistics related to sexual assaults on individuals with disabilities that are reported through law enforcement and courts; and

     WHEREAS, existing statutory language is vague and inconsistent regarding mandatory reporting of suspected abuse; and

     WHEREAS, investigations of sexual abuse are largely administrative in nature without criminal consequence; and

     WHEREAS, mandatory reporting under the Resident Abuse and Neglect Act does not provide for separation of sexual abuse reports from reports relating to other forms of abuse; and

     WHEREAS, streamlining reporting can lead to quicker investigation of reported incidents; and

     WHEREAS, data collection of numbers can help identify trends and needs in population, locations and types of sexual assault;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the New Mexico legislative council be requested to appoint a task force to study reporting and data collection of sexual assault of individuals with disabilities in New Mexico for the purpose of making recommendations streamlining and reforming reporting and data collection; and

     BE IT FURTHER RESOLVED that recommendations to streamline and reform the reporting of sexual assault of individuals with disabilities include "no wrong door" reporting, to ensure that if an entity receives a report of sexual assault on an individual with a disability and that entity does not have the authority to investigate that report of sexual assault, that the entity be charged with referring the report to the appropriate agency for investigation, so that all reports of sexual assaults of individuals with disabilities can be quickly investigated and that data on assaults can be effectively collected; and

     BE IT FURTHER RESOLVED that the New Mexico legislative council be requested to appoint to the task force representatives of the following categories and entities:

          A. survivors of sexual assault who are individuals with disabilities;

          B. members of the disabilities concerns subcommittee of the legislative health and human services committee;

          C. providers of sexual assault survivor services;

          D. representatives of the New Mexico coalition of sexual assault programs;

          E. representatives of law enforcement agencies;

          F. representatives from the office of the attorney general;

          G. providers of support and services to individuals enrolled in the medicaid developmental disabilities services and supports waiver;

          H. the developmental disabilities supports division of the department of health;

          I. the New Mexico statewide independent living council;

          J. the of vocational rehabilitation division of the public education department;

          K. disability rights New Mexico;

          L. the center for development and disability at the university of New Mexico;

          M. the arc of New Mexico;

          N. the incident management bureau of the division of health improvement of the department of health;

          O. the adult protective services division of the aging and long-term services department;

          P. the children, youth and families department; and

          Q. the federal Prison Rape Elimination Act of 2003 coordinator for the corrections department; and

     BE IT FURTHER RESOLVED that the task force be requested to present its recommendations, including a recommendation as to whether the task force should continue its work, disband or change its mission, in a formal report to the legislative health and human services committee within one year of the task force's organization; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor; the chair and vice chair of the legislative health and human services committee; the chair and vice chair of the disabilities concerns subcommittee of the legislative health and human services committee; the attorney general; the secretary of public safety; the secretary of aging and long-term services; the secretary of children, youth and families; the secretary of corrections; the secretary of health; the interim director of the vocational rehabilitation division of the public education department; the director of the center for development and disability at the university of New Mexico; the chair of the New Mexico statewide independent living council; the executive director of disability rights New Mexico; and the executive director of the arc of New Mexico.

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