46th legislature - STATE OF NEW MEXICO - first session, 2003

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

A JOINT MEMORIAL

REQUESTING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO ESTABLISH A MULTIDISCIPLINARY TASK FORCE TO STUDY THE EFFECTIVENESS OF NEW MEXICO'S SEX CRIMES RESPONSE SYSTEM AS IT AFFECTS CHILD VICTIMS.

WHEREAS, the New Mexico substitute care review boards are legislatively mandated organizations of volunteers who are charged with the independent and objective monitoring of children placed in the custody of the state; and

WHEREAS, these boards' duties include making recommendations to the children, youth and families department, the courts and the legislature regarding statutes, policies and procedures relating to substitute care; and

WHEREAS, more than thirty percent of the cases that came before the boards last year were concerned with sexual abuse; and

WHEREAS, among juvenile sexual offenders, sixty-four percent were themselves victims of sexual abuse; and

WHEREAS, all of the literature on the subject reveals that most adult perpetrators were sexually victimized as children; and

WHEREAS, only twenty-five percent of the sexual abuse cases reviewed by the boards resulted in the accused persons being prosecuted for the crimes; and

WHEREAS, New Mexico has the second highest rate of reported rapes and the fewest number of treatment programs for juvenile offenders in the nation; and

WHEREAS, an informal survey conducted among district attorneys, children, youth and families county office managers, guardians ad litem and court appointed special advocate volunteers indicates great disparity in the understanding of how to respond to allegations of child sexual abuse, resulting in a fragmented and disjointed sexual abuse response system; and

WHEREAS, the result of a fragmented system is uneven quality of investigation, prosecution and treatment of offenders and victims' services that are either nonexistent or unevenly distributed;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the children, youth and families department be requested to establish a multidisciplinary task force to study the effectiveness of New Mexico's sex crimes response system, specifically as it affects child victims; and

BE IT FURTHER RESOLVED that the task force specifically follow the recommendations of the state advisory committee's 2002 and previous reports and identify ways to address the needs of victims and to bring perpetrators to justice in a manner that will minimize their future danger to society; and

BE IT FURTHER RESOLVED that the task force develop recommendations to standardize the response of law enforcement and child protection services throughout the state; and

BE IT FURTHER RESOLVED that the task force report its progress and legislative recommendations to the interim legislative health and human services committee no later than its October 2003 meeting; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the children, youth and families department, substitute care review boards statewide, the district attorney of each judicial district, law enforcement agencies throughout the state, the interim legislative health and human services committee and other appropriate groups.