In the past year, a series of especially heinous sex crimes committed across New Mexico has left residents incensed and afraid. State legislators have responded by coming down hard on convicted offenders. In a significant first step the state House and Senate voted unanimously earlier this month to enact a bill sponsored by State Rep. Al Park.
The Omnibus Sex Offender Bill stiffens penalties for sex offenders, strengthens enforcement, supports effective treatment practices, and provides for rigorous study of the outcomes of the penalties, enforcement, and treatment to ensure maximum effectiveness. Park said that each element of the new law sends a strong message to the truly dangerous sex offenders: "If you commit a crime you are going to be held responsible. We're going to watch you, we're going to follow you, and you're not going to get near our children."
The bill was the highlight of a two-week special legislative session called in late October by New Democrat governor Bill Richardson. With the new law, New Mexico is now one of the toughest states in the nation when it comes to sexual offenses. Any kidnapping committed with sexual intent now qualifies as a mandatory first-degree felony. There are stronger minimums for and more precise definitions of rape, criminal sexual contact, and sexual offenses against children. And the bill also mandates that convicted sexual offenders now face a minimum of five years parole and probation with a potential for 20 years. And while all parole violators already face tough penalties, repeat sex offenders now face even longer re-imprisonment; each subsequent charge is brought as a felony of a more serious degree.
The bill has also created a new Sex Offender Management Board charged with identifying and tracking offenders. The board also maintains continued evaluation and study of the new penalties and their success. The board's membership will include the Attorney General, the Secretary of Corrections, the Secretary of Health, the Chief Public Defender, as well as governor-appointed mental health practitioners, and representatives from civil liberties and faith-based organizations.
Meeting at least eight times a year, the board is responsible for developing treatment methods, and behavior management and monitoring tools. It will establish criteria for measuring an offender's progress, evaluate safety issues that arise when sex offenders enter a community, and define guidelines for the treatment of juvenile offenders. Moreover, members will also address options for long-term improvement to the treatment system, including the implementation of progress-based indeterminate sentencing for certain offenders and the use of clinical polygraph testing in evaluating that progress.
Park argues that it is the state's responsibility to ensure public safety. He values and shares in residents' concern for the security and well-being of their families. "This legislation lends appropriate weight to the crime," Park said. "It's equitable, it's fair, and the overriding principle is the protection of the public."
Park, who was elected in 2000 to represent House District 26 in Albuquerque, aims to make the state tough on crime. He has pursued that goal doggedly since coming to Santa Fe; this bill is one in a series of related legislation. In 2001, Park's first legislation to become law established tougher new penalties on the possession of child pornography. He has also worked to reorganize the way the state punishes drunk drivers, with a greater focus on stopping remorseless and dangerous repeat offenders. The reform package establishes treatment options for those offenders, most of whom suffer from alcoholism.
Park, 33, is also a practicing attorney in Albuquerque, dealing primarily with civil litigation. That, he said, helps give him valuable perspective when as a legislator he confronts the far different world of crime and law enforcement. "It's about the community; It's about justice," he said.