New Mexico's sex-offender laws now meet federal guidelines.
"Arthritic" is the adjective Bob Schwartz applies to the state's history of addressing sex crimes. And Schwartz, crime advisor to the governor, isn't the only one with such views. "I think unfortunately for a very long time because of its lax laws New Mexico has been open country for sexual predators," Elena Giacci, executive director of Stop Violence Against Native Women, says. Last week, however, both Giacci and Schwartz were on hand to witness Gov. Bill Richardson sign bills that will either advance New Mexico or place the state on equal footing with others in terms of sex crimes legislation.
Collectively, the bills stiffen the sex offender registry, outlaw the distribution of so-called date rape drugs and make it possible to prosecute those who sexually solicit children online.
***image1***
Most importantly, the sex registry legislation allows the State to receive funds it has missed out on for years for not complying with federal regulations.
While some criticize the State for failing to comply with federal guidelines over the years, others question the benefits of the measures taken to place the State in compliance.
According to Regina Chacón, sex offender registration program manager, New Mexico has been out of compliance with federal regulations since 2001. For example, the federal government requires that administrators be notified when sex offenders enroll in school, that juveniles convicted of criminal sexual penetration register as offenders and that the DNA of out-of-state sex offenders be collected by law enforcement when they relocate. Additionally, the federal government mandates that sex offenders register every 90 days. In contrast, in New Mexico, it was theoretically possible for sex offenders not to register for two years, Chacón says. Because of its failure to comply with federal guidelines New Mexico lost 10 percent of federal funding. Now that Richardson has signed HB 165, the State stands to receive between $350,000 to $400,000, Chacón says.
Barbara Goldman, head of the Santa Fe Rape Crisis Center, is outraged that New Mexico was out of compliance for so long. "I think it's a very costly and obviously avoidable oversight when a state as poor as New Mexico misses out on any sum of money," she says. "It takes a lot to track criminals and the money could have been put to excellent use. But I am elated that we are back on track."
Getting back on track has been no easy feat, Schwartz says. "There was actually hardly anything added to the books during the [former Gov. Gary] Johnson administration," he says. "What's landmark about this legislation is how fast we have advanced, but there's a still a ways to go."
Giacci, an advocate for American Indian victims of sex crimes, began working at the Albuquerque Rape Crisis Center in 1989. During those years she has seen the state make advances in addressing the issue of sexual assault-from providing nurses trained in treating rape victims in hospitals to having legislators actually say the word "rape." Sexual assault is of particular concern to Natives because they are 7.2 times more likely to be victimized in that manner than members of other ethnic groups. But because tribal lands do not fall under federal jurisdiction Giacci can only speculate about how the recently passed legislation will affect the Native population. "I think it will affect tribal lands in that we will at least know where the predators are," she says.
Santa Fe Police Chief Beverly Lennen agrees. "I think any time we're dealing with a potentially transient population having better knowledge of the location of the individual is good information for law enforcement," she says. Lennen adds that provisions in the bill, such as mandating the collection of DNA of sex offenders who move to New Mexico, could be crucial for the authorities. But for Peter Simonson, head of the New Mexico ACLU, such provisions are infringements of civil liberties. "Requiring a DNA sample of someone who's served their debt to society is a violation against a guarantee of unreasonable search," he says. He also believes that requiring one's sex offender status be disclosed to educational institutions and employers constitutes an infringement. What's more, he says, is "an argument can be made that these laws might be exacerbating the problem. These sorts of laws deny sex offenders the ability to achieve some stability in their lives. When you undermine the ability to create that sort of environment, you increase the probability that these people are going to re-offend."
Mara Taub, coordinator for the Coalition for Prisoners' Rights, stresses her belief that sex crimes are especially traumatic offenses. However, she voices concern about the legislation also. "These laws are being implemented in many states," she says. "In terms of protecting children and protecting people from being hurt-are there any changes in incidence rates? I think it's interesting and distressing but not surprising that we are not encouraged to think about the actual evidence before we make anti-civil liberties laws."
Even Goldman takes issue with the bill's provision that juveniles register as sex offenders. "Having to register juvenile sex offenders tempers my enthusiasm about the bill," she says. "I think a juvenile sex offender has a chance at rehabilitation."
Taub believes offenders of all ages may be rehabilitated. Thus, lifelong punitive measures are not the way to go. "Punishment doesn't help people heal or change their behavior in positive ways. In fact, there are no simple solutions to complex social problems."
