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F I S C A L I M P A C T R E P O R T

SPONSOR Begaye

DATE TYPED 2/8/05

HB 343/aHGUAC

SHORT TITLE Shiprock Domestic Violence Shelter

SB

ANALYST Hanika-Ortiz

APPROPRIATION

Appropriation Contained

Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$100.0

Recurring

GF

Relates to HB 334

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Health (DOH)

Department of Indian Affairs (IAD)

Children, Youth and Family Department (CYFD)

SUMMARY

Synopsis of HGUAC Amendment

The House Government and Urban Affairs Committee amendment replaces the Department of

Health with the Children, Youth & Families Department as the state agency to administer the

domestic violence program funding in HB 343/aHGUAC.

Synopsis of Bill

HB 343 appropriates $100 thousand from the general fund to the DOH for staff and program

support for a shelter for victims of domestic violence in Shiprock, New Mexico.

Significant Issues

According to the DOH, the Domestic Violence Trends in New Mexico, 2001-2003, reported

1,033 domestic violence incidents in 2003. Of the reports that included race, 48% were Native

House Bill 343/aHGUAC -- Page 2

Americans, 34% white, 15% Hispanic, 2% black and 1% Asian and other. The DOH further de-

tail Gloria Champion of The Home for Women and Children, Shiprock, NM, reporting ninety-

nine percent (99%) of the people receiving services from the domestic violence shelter are from

the Navajo Nation.

The IAD reports the prevalence and incidence of violence against Indian women is high when

compared to other races. To reduce violent crimes against women, some tribes have established

domestic violence and victim services programs. However, there is still a great need for cultur-

ally sensitive support and services for Native American women and their children

The Shiprock domestic violence shelter provides temporary residence for women and children

that are victims of domestic abuse living in the Four Corners area of New Mexico, with the

length of stay varying from 30-90 days. The shelter provides safety, shelter, advocacy, education,

networking, and referrals for victims and their children.

PERFORMANCE IMPLICATIONS

CYFD is the state agency identified in statute to administer domestic violence program funding.

CYFD voices concerns they may be unable to track services if the appropriation included in HB

343 is administered by DOH, the end result being the potential for duplication of client services.

The DOH states HB 343 relates to the DOH Program Area 5: Behavioral Health Services, Stra-

tegic Direction: Increase access and choice for behavioral health services.

FISCAL IMPLICATIONS

The appropriation contained in this bill is a recurring expense to the general fund. Any unex-

pended or unencumbered balance remaining at the end of FY06 shall revert to the general fund.

The Executive Budget Recommendation for CYFD in FY06 recommended continuation of the

$500 thousand for domestic violence shelters funded as a special appropriation. Also, recom-

mended is $2 million for domestic violence legal services and $600 thousand for shelter services

from Temporary Assistance for Needy Families (TANF) funds.

The Shiprock Domestic Violence Shelter received $100 thousand for equipment as part of the

capital outlay budget. The IAC reports they have not to date received a scope of work to initiate

the joint powers of agreement (JPA) process; and this project will expire on June 30, 2005.

ADMINISTRATIVE IMPLICATIONS

The DOH will administer the funds allocated in HB 343.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

HB 343 relates to HB 334, Statewide Domestic Violence Shelters, which requests $2 million

from the general fund to go to CYFD to support services, including treatment, shelter and coun-

seling for victims of domestic violence and their children statewide.

House Bill 343/aHGUAC -- Page 3

TECHNICAL ISSUES

The DOH report CYFD may be the better choice to administer the funds. DOH further claim

they did not seek out the appropriation, but would administer the funding appropriately if asked.

IAD recommends appropriating the funds to CYFD as CYFD has an established domestic vio-

lence division. IAD further identifies efforts made in the Executive Branch to coordinate all do-

mestic violence shelter and services funds through CYFD.

IAD report that the few federal grant program funding sources are limited, and insufficient to

address tribal priorities of reducing domestic violence.

OTHER SUBSTANTIVE ISSUES

The DOH reports there has been a 20% decrease from 2001-2001 in the number of adult victims

receiving services for domestic violence in San Juan County. The DOH further reports 48% of

San Juan county law enforcement domestic violence incidents received services in San Juan

county.

IAD report Native American’s rate of exposure to violent crimes is twice the rate of all U.S.

residents (US Department of Justice, Bureau of Justice Statistics, A BJS Statistical Profile, 1992-

2002), and this disparity occurs across age groups, housing locations, and by gender.

ALTERNATIVES

None indicated.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

Domestic violence victims will continue to have access to the same level of service.

POSSIBLE QUESTIONS

Statistics presented show Native Americans make up 48% of the domestic violence reports in

San Juan county. Do existing shelters welcome the remaining 52%, or are they only equipped to

provide services for Native Americans.

What is the department’s policy regarding domestic violence against men, as domestic violence

can be an equal problem for both genders. Are there services in place. What is the incidence

rate.

Are there penalties in place for false accusations of domestic abuse.

AHO/njw