HOUSE MEMORIAL 75

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Emily Kane

A MEMORIAL

REQUESTING THAT THE ADMINISTRATIVE OFFICE OF THE COURTS CONVENE A TASK FORCE TO SURVEY PRACTICES AND PROGRAMS WITH REPORTED ABILITY TO LOWER DWI RECIDIVISM FOR POTENTIAL IMPLEMENTATION OR EXPANSION WITHIN THE NEW MEXICO CRIMINAL JUSTICE SYSTEM.

     WHEREAS, New Mexico has a continuing problem with persons driving under the influence of alcohol or drugs; and

     WHEREAS, there is a high rate of recidivism by those who drive under the influence of alcohol or drugs; and

     WHEREAS, the number of persons who drive under the influence of alcohol or drugs presents a grave public health crisis in the state; and

     WHEREAS, according to the department of health, one- fourth of driving under the influence of intoxicating liquor or drugs offenders will be rearrested for the same offense within five years; and

     WHEREAS, according to the national statistics from mothers against drunk driving, each DWI offender is estimated to have driven under the influence an average of eighty-seven times before arrest; and

     WHEREAS, repeat offenders of DWI laws represent a serious threat to themselves and to the public; and

     WHEREAS, according to the national highway traffic safety administration and department of health methodologies, alcohol- and drug-involved crashes result in over one billion dollars ($1,000,000,000) of economic loss to New Mexicans each year; and

     WHEREAS, the national highway traffic safety administration recommends the implementation of DWI drug court programs as an effective means of reducing the recidivism of DWI offenders, and the New Mexico judiciary has operational DWI drug court programs in seven jurisdictions; and

     WHEREAS, as part of New Mexico's ongoing push to reduce recidivism for driving under the influence of intoxicating liquor and drugs, the state is examining implementing new and innovative policies such as the 24/7 sobriety and drug monitoring program that has been introduced with great success in other rural western states; and

     WHEREAS, the legislative finance committee has been working with the Pew charitable trusts and the MacArthur foundation on evidence-based policymaking through the results first initiative; and

     WHEREAS, it would be a great aid to the legislature and to policymakers in New Mexico to have comprehensive data concerning how cases involving driving under the influence of intoxicating liquor or drugs progress through the state's courts;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the administrative office of the courts be requested to convene a task force to undertake a review of research results concerning programs that have shown positive outcomes, such as South Dakota's 24/7 sobriety and drug monitoring program and similar new and innovative programs, and to consult with experts knowledgeable about such programs and their effectiveness; and

     BE IT FURTHER RESOLVED that the administrative office of the courts be requested to conduct a survey of New Mexico DWI sentencing and probation management practices to evaluate the efficacy of introducing and expanding these practices; and

     BE IT FURTHER RESOLVED that the administrative office of the courts be requested to report to the appropriate legislative committee in the 2014 interim on the findings of the task force and the feasibility of implementing best practices to reduce DWI recidivism; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the administrative office of the courts, the secretary of health, the secretary of transportation and the secretary of corrections.

- 4 -