44th legislature - STATE OF NEW MEXICO - first special session, 1999

REQUESTING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO PROVIDE CULTURAL SENSITIVITY TRAINING FOR EMPLOYEES AND CULTURALLY APPROPRIATE SPIRITUAL ACTIVITIES FOR INCARCERATED DELINQUENT NATIVE AMERICAN YOUTH.

WHEREAS, New Mexico incarcerates more than one thousand five hundred juveniles each year; and

WHEREAS, even more Native American juveniles are processed through the juvenile court, parole and probation systems each year; and

WHEREAS, approximately nine and one-half percent of the youth determined to be delinquent and incarcerated in New Mexico youth facilities are Native American; and

WHEREAS, incarcerated youth are provided access to religious activities; and

WHEREAS, the Children's Code states that a Native American child placed in a secure facility shall be allowed to maintain his cultural ties and shall be permitted to participate in activities that strengthen cultural awareness provided by a representative of the child's culture; and

WHEREAS, in the adult penal institutions of the state, sweat lodges built by the inmates are available so that cultural and spiritual training is available to Native American inmates; and

WHEREAS, Native American juveniles detained in secure facilities for long periods of time should have access to cultural and spiritual training, and sweat lodges should be included as part of the permitted activity; and

WHEREAS, many state employees who interface with Native American youth and adults through the justice system could increase their effectiveness by receiving cultural sensitivity training; and

WHEREAS, the lack of cultural sensitivity in the management of correctional facilities and the lack of culturally competent employees to handle issues that arise at correctional facilities may lead to unrest and riots as demonstrated by recent events at the Lea county correctional facility;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that all state institutions that are secure facilities housing Native American juveniles be requested to review the activities available to help Native American children adjudicated as delinquents, or incarcerated prior to adjudication, to maintain their cultural ties, strengthen their cultural awareness and participate in culturally appropriate spiritual or religious activities; and

BE IT FURTHER RESOLVED that the children, youth and families department establish an ongoing program to provide cultural sensitivity training to its employees who work with Native American children, adults and families; and

BE IT FURTHER RESOLVED that secure facilities holding adjudicated Native American youth develop programs that allow those youth to have access to religious and spiritual training, sweat lodges and other activities that will strengthen cultural awareness and help maintain cultural ties to the youth's community; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of children, youth and families and to the directors of the New Mexico boys' school, the New Mexico girls' school, the Camino Nuevo youth center, the youth diagnostic and development center and the reintegration centers of the state.