N.M. Admin. Code § 8.8.7.10

Current through Register Vol. 35, No. 21, November 5, 2024

Section 8.8.7.10 - CRITERIA FOR APPROVED DVOTI PROGRAMS

The department shall approve DVOTI programs that include the following criteria and features:

A. an initial assessment to determine if the domestic violence offender will benefit from participation in the program and a policy in place for notification to the court if a determination is made that an offender will not benefit from the program; the program will provide recommendations for alternative offender treatment to the court pursuant to section 15;

B. a written contract, which must be signed by the domestic violence offender, that sets forth:

(1) attendance and participation requirements;

(2) consequences for failure to attend or participate in the program;

(3) consequences of reoffending while enrolled in the program;

(4) a requirement that a domestic violence offender not be under the influence of alcohol or drugs during a session;

C. strategies to hold domestic violence offenders accountable for their violent behavior;

D. a requirement for group discussions that the participants be limited to members of the same gender;

E. a requirement that offenders under the age of 18 may be enrolled in intervention groups so long as they are separate from adult groups;

F. goals that focus on the cessation of abuse or violence, whether physical or non-physical, and that is mindful of the safety of the victim, current partner and children;

G. ongoing process of assessing for danger during the time the offender is enrolled in the program;

H. a written policy requiring a duty to warn potential victims of threats of imminent harm and other mandatory reporting requirements designed to protect victim, potential victims and children;

I. an education component for treatment that:

(1) defines physical, emotional, sexual, economic and verbal abuse and techniques for stopping those forms of abuse; and

(2) examines gender roles, socialization, the nature of violence, the dynamics of power and control and the effects of domestic violence on children;

(3) facilitates the offender acknowledging responsibility for abusive actions and consequences of actions;

(a) identifies and offers alternatives to the offender's belief system that facilitate abusive behaviors;

(b) increases the offender's empathic skills to enhance ability to empathize with the survivor/victim;

(c) assures that the offender history of trauma never takes precedence over his/her responsibility to be accountable for violent behavior and potential offense, or be used as an excuse, rationalization, or distraction from being held accountable;

(d) educates the offender on the potential for re-offending and signs of abuse escalation;

(e) assists the offender in developing a written re-offense prevention plan;

(f) increases the offender's understanding of the impact violence on adult intimate victims and children;

(g) educates the offender on the legal ramifications of his/her violence; and

(h) teaches the offender self-management techniques to avoid abusive behavior.

J. a requirement that the program provide monthly written reports to the presiding judge or the domestic violence offender's probation or parole officer regarding:

(1) proof of the domestic violence offender's enrollment in the program;

(2) progress reports that address the domestic violence offender's attendance, fee payments and compliance with other program requirements; and

(3) evaluations of progress made by the domestic violence offender and recommendations as to whether or not to require the offender's further participation in the program;

K. a requirement that all approved domestic violence offender treatment or intervention programs must consist of at least 52 weeks of group sessions lasting no less than ninety minutes each; individual sessions to address crisis management or case management issues will not replace group sessions; and

L. a requirement that all approved domestic violence offender treatment or intervention programs must maintain a staff to client ratio of 1:12 with the group size limited to no more than 20; and

M. Marriage counseling, family therapy and counseling for couples shall not be a component of an approved domestic violence offender treatment or intervention program.

N. a requirement that DVOTI staff working with offenders receive the following training:

(1) a requirement that prior to facilitating, all group facilitators demonstrate that they have received at least 40 hours of training which includes the dynamics of domestic violence, tactics of abuse, the effects of domestic violence on victims and their children, the relationship between domestic violence and substance abuse, best practices in performing ongoing danger assessments, state and federal laws against domestic violence, cultural diversity, group facilitation skills, and best practices for working with offenders;

(2) a requirement that prior to facilitating, facilitators observe a group by a seasoned facilitator with five or more years of experience.

(3) a requirement that all group facilitators receive a minimum of 8 hours of CYFD approved annual retraining on advanced issues related to offender treatment;

(4) a requirement that the DVOTI maintain documentation that personnel have received the required training.

O. the DVOTI shall make a good faith effort to establish a cooperative working relationship with a local domestic violence victim services provider and that the DVOTI participate to the extent possible in the local coordinated community response team working to reduce domestic violence.

P. a requirement that the group be strictly limited to domestic violence offenders and cannot include other classes of offenders.

N.M. Admin. Code § 8.8.7.10

8.8.7.10 NMAC - Rp, 8.8.7.10 NMAC, 05/29/09