= Top priority
recommendations (14), by majority vote= Other
recommendations (27)"The help and support for kids to stay sober is very limited and not well publicized." -- Coordinator, Albuquerque
To solve the underage drinking problem, more education and additional treatment resources are needed for youth. These solutions were among the top seven offered by those who participated in the surveys, focus groups, and public hearings. Their number one recommendation, however, was improved enforcement of underage drinking laws.
Most participants claimed that New Mexico lacks the resources it needs to adequately address underage drinking. Although major gaps exist, state and local agencies do provide a range of treatment, prevention, and enforcement programs that specifically target adolescents. The Children, Youth, and Families Department funds treatment programs for youth under 18, while the Division of Substance Abuse funds prevention programs for youth and treatment programs for adults. Enforcement efforts are financed by local governments, which often support youth services, as well.
Two state agencies -- the Highway and Transportation Department (Traffic Safety Bureau) and the Department of Finance and Administration (Local Government Division) -- provide grants to local communities for DWI prevention, which includes youth-related activities. Grants are awarded to local communities through the following two programs:
1. Community DWI Program.
A law enacted in 1991 requires that convicted DWI offenders pay a $75 prevention fee that will be used to "fund comprehensive community programs for the prevention of driving under the influence of intoxicating liquor or drugs" (Section 31-12-7B NMSA 1978). Although the fees collected by each jurisdiction are transmitted to the Administrative Office of the Courts, they can be accessed by that community through a grant proposal submitted to the Traffic Safety Bureau. First, each community must establish a DWI task force, whose membership meets certain criteria.
There are currently 31 DWI Task Forces, which received $877,554 for FY 1996-97 to implement 174 programs, 30 of which specifically target youth. Of these, the most popular are Project Graduation (7), teen court (6), Teens Need Teens (3), Cops in Shops (3), and juvenile enforcement patrols (3). Others include a faith initiative program aimed at youth, a news program, Alive at 25 driver improvement class for teens, and several other offender programs.
2. Local DWI Grant Program
In 1995, the New Mexico legislature increased the liquor excise tax rate to provide funding for the development of innovative DWI prevention, screening, assessment, education, treatment, and alternative sentencing programs (NMSA 1978, 11-6A-1-11-6A-5). A result of this legislation was the creation of the Local DWI Grant Program, which provides funding to counties for new or model DWI programs. To obtain these funds, counties are required to establish DWI Planning Councils, which must submit a prevention plan based upon an assessment of community needs and resources. Upon approval of that plan, each planning council can submit a grant proposal to the Local Government Division of the Department of Finance and Administration (DFA).
Although DFA is responsible for managing the program and disbursing funds, a seven-member DWI Grant Council determines the amount that will be appropriated to each community. There are currently 33 DWI Planning Councils, which received over $4.8 million to fund 96 programs, including 19 teen courts.
In addition, each of New Mexico’s 89 school districts has a drug and alcohol prevention program subsidized by the federal Safe and Drug Free Schools initiative. Although the specific contents of these programs differ, each contains the following five components:
1. Education. Classroom instruction is provided, peer educators trained, and special awareness events conducted. Each district determines its own curricula in accordance with content standards established by the state Department of Education.
2. Intervention and Referral. As required by state regulation, student assistant teams are trained to identify students with alcohol or drug problems and to make referrals to treatment.
3. Student Assistance Programs. Counseling, support groups, mentoring, tutoring, and smoking cessation classes are provided for students in need of such services.
4. Staff Training. Training on drug, alcohol, and tobacco issues is provided to teachers and other school personnel.
5. School Policies. All schools have written policies prohibiting alcohol and drugs and specifying the procedures to follow when these rules are violated.
Most state universities offer prevention programs that target underage drinking. The University of New Mexico has a full-time prevention specialist, who manages the Campus Office of Substance Abuse Prevention. In addition, there is a consortium of 11 institutions of higher learning in north central New Mexico that shares information and strategies concerning substance abuse prevention.
Partnerships for substance abuse prevention have been organized in ten New Mexico communities. Initially funded by federal grants from the Center for Substance Abuse Prevention, all offer programs involving adolescents and families. Other grant-funded prevention programs include Northwest New Mexico Fighting Back, a regional initiative based in Gallup.
Several local communities have been selected as pilot sites to participate in a program funded by the Federal Juvenile Justice and Delinquency Prevention Act Title V Programs (Institute of Social Research 1996). This involves the analysis of risk factors for delinquency and the creation of a Community Prevention Board to address those risk factors through recreational activities and economic development.
Several efforts have been made to examine and catalog available resources. A major objective of the Criminal and Juvenile Justice Coordinating Council, which was created through House Bill 199 (Chapter 19, Laws of 1994), is:
"to develop a comprehensive proposal for applying different kinds of treatment and intervention programs to various types of juvenile offenders."
To accomplish this goal, the council commissioned a study on "Programs for Juveniles and Juvenile Offenders in New Mexico," which describes prevention, intervention, and treatment programs currently available for New Mexico youth (Aguilar and Gilliland 1996).
In April 1995, UNM produced a New Mexico Alcohol/Drug Program Directory (Miller et al 1995), which describes over 90 substance abuse prevention and treatment programs statewide. These include over 60 that provide services for adolescents.
Some of the more common prevention, intervention, and enforcement programs for New Mexico youth are described below. This listing is not meant to be an exhaustive survey, but rather a sampling of the types of resources currently available.
Prevention Programs
The following programs are designed to prevent drinking before it starts. Generally referred to as primary prevention, some are offered to all children in a certain age group, while others target high-risk youth. These programs include News 101 and Radio 100, two statewide news show produced by high school students; puppet productions, such as Babes and McGruff, which are designed for younger children; and after-prom parties. A normative education program sponsored by UNM is one of several substance abuse prevention programs offered by New Mexico colleges and universities. Although many prevention programs are unique to particular communities, the three described below have been adopted by communities throughout the state.
DARE (Drug Abuse Resistance Education), considered to be the most widely used prevention program in the state, is taught in 86 out of 89 school districts and involves 36,000 5th and 6th graders. Its purpose is to prevent adolescent drug use by having police officers teach children how to resist pressures to use alcohol, tobacco, and other drugs.
Teens Need Teens (TNT) seeks to prevent substance abuse and DWI through skill building activities, leadership training, community service, and recreational opportunities for teens. Based on California’s "Friday Night Live" model, the project was piloted in 1993 by the Department of Health. Over 40 communities have implemented TNT Programs under funding from the Local DWI Grant Program.
Project Graduation provides seniors graduating from high school with alcohol-free alternatives. Six communities currently receive funding for this activity through the Community DWI Program.
Intervention Programs
Intervention programs target youth who have begun to use alcohol or who are considered at risk by virtue of their involvement with the criminal justice system. The following two programs are offered in communities throughout the state:
Treatment Programs
The statewide alcohol/drug program directory lists 40 treatment programs that provide services for adolescents (Miller et al 1995). Substance abuse treatment is also provided for juvenile offenders incarcerated in the following facilities:
Enforcement Programs
The state currently funds several programs designed to increase the enforcement of underage drinking laws. They include:
Gaps in Services
Despite the number of services provided for youth, major gaps exist. Of New Mexico’s 33 counties, only 16 provide detention facilities for juvenile offenders. In some jurisdictions, the nearest juvenile detention center is more than 100 miles away -- a fact that seriously hampers enforcement efforts.
Few communities provide detox services for intoxicated juveniles. In many areas, those in need of residential programs must leave their communities to find appropriate services. Existing programs may be poorly advertised and difficult to access due to eligibility requirements imposed by funding sources.
Although recent studies indicate the importance of starting prevention programs at an early age, many continue to target older children (Dobkin et al 1995). In addition, few are based on research concerning program effectiveness, and even fewer have been evaluated. This situation, however, is starting to change. DFA’s Local Government Division recently finished an evaluation of its prevention, treatment, enforcement, and screening programs. The Division of Substance Abuse just completed an assessment of the treatment and screening programs funded by DFA, and the Substance Abuse Epidemiology Unit of the Department of Health is currently evaluating treatment programs for DWI offenders in five different sites.
Most programs are not routinely evaluated, and many do not collect the data needed to assess effectiveness -- a situation not unique to New Mexico. A nationwide evaluation was recently conducted of 2,300 prevention programs in operation between 1986-1992. Of these,only 13 percent (309) had collected sufficient information to assess reduction in alcohol use, change in knowledge, and impact on risk and protective factors (US Dept. Of Health and Human Services: [not dated]).
According to this study, the most effective adolescent programs were those geared towards changing the community environment to make it "less hospitable to [substance] abuse and more conducive to prevention." Specific projects included limiting the marketing and sale of alcohol and increasing the enforcement of existing restrictions. Also effective were programs focusing on positive decision making and psychosocial skills. The least effective was the multidirectional or "scattershot" approach, which consisted of a mixture of disparate activities.
Other studies have demonstrated a correlation between program effectiveness, length, and followup. A recent study of a drug resistance program for 7th and 8th grade students revealed short-term gains, which ended once the lessons stopped (Ellickson et al: 1993). To sustain early gains, additional prevention efforts are needed at the high school level.
Finally, although parenting classes are offered in many communities, programs are not adequate to meet the increasing need for services. As Chatlos (et al 1994:2) points out, a major factor in adolescent initiation into alcohol and drug use is lack of parental involvement, inconsistent discipline, and low educational aspirations for children. During the past 10 years, parental communication programs aimed at preventing adolescent alcohol and drug use have been established throughout the country. Unfortunately, few have had the desired result -- a reduction in substance abuse among the children of participating parents. Beck and Lockhart (1992: 39) attribute this lack of success to:
"Low levels of parental perceptions of empowerment and control, low levels of awareness, a lack of social support from other parents, and an increasing psychological distance from their children as they get older."
According to them, to prevent children from using alcohol and drugs, parents need to regain control. They must set boundaries and impose discipline. But first and foremost, parents need to communicate effectively with their children, provide appropriate guidance, and be involved in their lives. Parenting programs and support groups can help parents achieve and maintain these goals.
"If we do not take an aggressive approach to this problem, we can expect to see more motor vehicle accidents, violence, poor performance in school, and a lifelong battle with alcoholism and drug addiction." -- Woman, Espaņola
The information collected by the 12 community coordinators, the questionnaire results, and available statistics on underage drinking were presented to the Underage Drinking Task Force. The latter also reviewed current laws, enforcement practices, and juvenile justice procedures pertinent to this issue. During the course of five meetings, members identified seven problem areas, five guiding principles, and 41 solutions, which they ranked as follows:
= Top priority
recommendations (14), by majority vote
= Other
recommendations (27)
GUIDING PRINCIPLES
Recommendations
 1. Problem Statement One: The consistent enforcement of underage drinking and DWI laws is hampered by: 1) complex juvenile arrest procedures with too much paperwork; 2) few facilities to detain juveniles, including status offenders; 3) a belief that the juvenile justice system does not provide consequences for juvenile offenders; and 4) competing responsibilities for law enforcement. |
Top Priority
|
1.1 Develop a "one-stop"
center/facility that serves as a centralized intake point for police to take juvenile
offenders.
Description: The enforcement of underage drinking laws is hindered by a lack of conveniently located facilities where officers can take juveniles. At present, officers generally take intoxicated juvenile offenders to local hospitals, where they often remain for hours. The offender is then transported to the nearest juvenile detention facility, which may be over 100 miles away. In short, the officer could be "off the street" for the rest of his shift. Justification: Most New Mexico communities have inadequate facilities to handle delinquent juveniles, especially when under the influence of alcohol or drugs. County or regional intake facilities for juvenile offenders would not only fill this gap, they could also provide a range of services including detox, assessment, detention, treatment and appropriate tracking of juveniles. This would expedite the enforcement of underage drinking laws, for rather than being "tied up" for hours on one case, police would have a safe and appropriate place for intoxicated juveniles. Communities are encouraged to establish juvenile planning councils that could address the one-stop center as part of a continuum of services. |
Top
|
1.2 Establish a statewide automated and linked
juvenile record-keeping system that is accessible to juvenile probation, law enforcement,
and the courts. Description: The imposition of appropriate consequences, the monitoring of compliance, and the retrieval of information by agencies involved with juvenile offenders is hindered by the lack of an integrated juvenile justice case management system. Justification: At present, each agency involved with juvenile offenders has a separate record keeping system, and few juvenile probation offices are adequately computerized. As a result, the information shared among agencies is often fragmented and incomplete. The establishment of a statewide, automated system would enable those agencies to more easily determine offense history, track compliance, and impose appropriate consequences. |
Top Priority
|
1.3 Support the efforts of the Children, Youth,
and Families Department to expedite the processing of juvenile offenders by streamlining
its regulations and procedures. Description:: Juvenile offenders experience inconsistent consequences for underage drinking violations, including DWI. Justification: The imposition of effective consequences on juvenile offenders is hindered by high case loads that affect the ability of the juvenile justice system to respond quickly and appropriately. It should be noted that in an effort to reduce high case loads, additional staff was hired in July 1996. |
Other Recommendations
1.4 Improve working relationships and information sharing at
the county level among courts, law enforcement, and juvenile probation.
| 2. Problem Statement Two: Treatment resources -- including community outpatient programs, regional detox centers, and school-based counseling -- are inadequate to meet the growing number of offenders and other youth with alcohol problems |
Top Priority
|
2.1 Enact a local option alcohol excise tax to
provide adequate funding for alcohol and other substance abuse programs as determined by
each community. Description: Substance abuse programs -- including outpatient counseling, detox centers, and prevention programs -- are inadequate to meet the growing need for services by juvenile offenders and other youth. Justification: New Mexico juvenile probation officers estimate that 55 percent of juvenile offenders were under the influence of alcohol or drugs when they committed their offenses. Sixty-three percent of incarcerated juveniles have a substance abuse problem. These data indicate a need for more youth-oriented treatment. Community coordinators cited a lack of resources as a major obstacle to providing the services needed to treat and prevent underage drinking. A local option tax would enable communities to fund more of the programs they need to address this problem. Other funding mechanisms were also discussed, including the reallocation of current alcohol excise tax revenues as well as formula funding for counties. |
Other Recommendations
2.2 Require student assistance policies to include substance
abuse screening and counseling for youth, with parents being encouraged to accompany their
children to those sessions.
2.3 Provide sliding-fee scale community-based treatment for
every youth who needs it.
2.4 Develop regional detox centers that include services and
facilities for youth.
| 3. Problem Statement Three: Alcohol is readily available to youth through older friends and relatives, who buy it for them, and through liquor outlets, where they purchase it directly |
Top Priority
|
3.1 Enact a statewide local option law to enable
communities to ban drive-up liquor windows. Description: Youth have no difficulty obtaining alcohol. Although many obtain it from older friends and relatives, others succeed in purchasing it directly. Drive-up windows are frequently cited as a preferred place of purchase. Justification: Several local surveys have indicated that youth who purchase package liquor patronize drive-up windows. The enactment of a local option law would enable communities to close drive-up windows, which in turn would make alcohol less accessible to its youth. |
Other Recommendations
3.2 Require organizations that provide youth programs to
receive training on underage alcohol laws and issues related to youth alcohol consumption.
3.3 Require organizations that provide youth programs to adopt
policies to ensure that all youth parties and events are alcohol-free.
3.4 Require that adults who obtain kegs be informed of their
liability on providing alcohol to minors.
3.5 Require segregated sales of alcohol to prevent shoplifting
by minors.
3.6 Support efforts by the Motor Vehicle Division to make it
more difficult for juveniles to obtain fake identification.
| 4. Problem Statement Four: American society contributes to underage drinking through norms that promote alcohol use, an advertising industry that glamorizes it, and an environment that fails to provide meaningful alternatives. |
Top Priority
|
4.1 Support the Department of Health in its
effort to coordinate youth substance abuse prevention programs at the state level and
develop standards for program effectiveness. Description: Gaps in services, duplication of efforts, and unproven strategies hinder the effectiveness of substance abuse prevention programs for youth. Justification: By coordinating prevention efforts at the state level, the Department of Health could play a key role in identifying gaps and eliminating unnecessary duplication. To increase success rates, standards for program effectiveness should be developed and compliance by providers and funders strictly enforced. |
Top Priority
|
4.2 Fund alternative educational programs
through the school funding formula based on a high-risk youth factor. Description: Alcohol and drug abuse play a key role in truancy and high school dropout rates, which are major indicators of delinquency. Justification:Eighty percent of adult inmates in state and federal prisons do not have a high school education. In New Mexico, 67 percent of incarcerated juveniles have dropped out of school. Alcohol use and abuse are linked to poor performance in school, which in turn contributes to high dropout rates and delinquency. The funding of alternative educational programs for such youth can help reverse these trends, including the substance abuse problems that underlie them. |
Other Recommendations
4.3 Make teen services and facilities as high a priority as
services and facilities for senior citizens.
4.4 Develop plans for teen centers and alcohol-free activities
designed by teens themselves.
4.5 Develop and fund peer and adult mentor programs that are
based on successful models.
4.6 Fund visual, writing, and performing arts programs in the
schools and elsewhere to show that society respects and values its youth.
4.7 Encourage the State Board of Education to integrate
alcohol and drug education into appropriate curriculum content standards.
4.8 Have the State Board of Education integrate media literacy
into appropriate curriculum content standards.
4.9 Support alcohol and drug abuse prevention activities
including peer education, service learning, mentoring, and health media campaigns in high
schools and institutions of higher learning.
4.10 Develop an ongoing media forum, with youth deciding its
content, as a way of teaching media literacy skills and providing an opportunity for youth
to communicate directly with each other.
| 5. Problem Statement Five: Juvenile offenders experience inconsistent consequences, especially for their first several offenses. |
Top Priority
|
5.1 Explore the utilization of non-traffic
citations for underage drinking violations and other minor juvenile offenses. Description: The lack of swift and consistent consequences for juvenile offenders promotes recidivism. Justification: During the past four years, the number of offenses referred to the juvenile justice system has increased by 29 percent. This includes substance abuse-related offenses, which increased by 55 percent during this period. As a result, the juvenile justice system is overwhelmed, and consequences are seldom immediate. By enabling the police to issue citations for minor in possession and other misdemeanor offenses, juvenile offenders can be diverted from the overburdened juvenile justice system to the local court system, where immediate penalties can be imposed. These can include alternative sentencing options such as classes for youth and parents. |
Top Priority
|
5.2 Amend the Children’s Code to enable
municipal courts to have jurisdiction over juvenile curfew violators. Description: Although underage drinking episodes, including DWI, frequently occur during late hours, curfew laws are inconsistently enforced and rarely result in consequences for the offender. Justification: The enactment, enforcement, and effective adjudication of curfew laws could help deter underage drinking. At present, such violations are handled by Children’s Court, where, as status offenses, they typically receive low priority. Having no jurisdiction over juvenile offenders, municipal courts resort to punishing parents for their children’s curfew violations. In order for curfew laws to have the desired deterrent effect, consequences for juveniles who violate them should be swift, certain, and meaningful. Allowing municipal courts to have jurisdiction over curfew violations would help relieve the overburdened criminal justice system and enable juvenile offenders to be adjudicated more quickly and effectively. |
Top Priority
|
5.3 Require substance abuse screening for
juveniles convicted of DWI and for second and subsequent alcohol-related offenses. The
Department of Health should develop guidelines for substance abuse screening for juvenile
offenders. Description: Despite the high volume of alcohol-related offenses, including DWI, juvenile offenders are not routinely screened for substance abuse. Justification: Alcohol screening, though mandated for convicted adult DWI offenders, is not required for juveniles. In a recent survey, 67 juvenile probation officers were asked what could be done to increase the effectiveness of New Mexico’s juvenile DWI laws. Their number-one recommendation was "mandatory screening." Screening is also not required for juveniles who commit other substance abuse offenses. During the past fiscal year (1995-96), the juvenile justice system received referrals for 499 DWI cases and 9,738 non-traffic substance abuse offenses According to testimony presented by juvenile probation officers, district attorneys, police officers, and judges, alcohol and drug abuse drive juvenile crime, particularly gang violence. Screening would help identify juveniles with substance abuse problems and divert them to appropriate community services before they progress into committing further offenses. |
Top Priority
|
5.4 Encourage the Judicial Education Center to
provide ongoing training to judges on issues concerning juvenile offenders. Description: Judges lack easy access to information and training on effective diversion programs and sentencing practices for juvenile offenders, particularly those charged with substance abuse-related offenses. Justification: A wealth of information exists on effective sentencing practices and diversion programs for juvenile offenders. These include juvenile drug courts, teen courts, educational programs, screening, and treatment. The Judicial Education Center has the resources and expertise to educate judges about available options and to provide training to help them implement these programs. |
Other Recommendations
5.5 Encourage courts and law enforcement to publicize their
efforts to enforce underage drinking laws.
5.6 Request the judiciary to conduct a thorough review of its
options for conditions of release and what it needs to enforce the laws on the books.
5.7 Have judges consider the Farmington court model, which
provides the following conditions of release for juvenile offenders: certification of
completed homework, book reports, teen court, parenting classes, and reading improvement.
| 6. Problem Statement Six: Parents contribute to underage drinking when they fail to accept responsibility for their children, make alcohol accessible to them, fail to provide appropriate guidance and discipline, and fail to be involved in their lives. |
Top Priority
|
6.1 Encourage the Traffic Safety Bureau to
develop statewide media campaigns that: 1) educate parents and other adults on their
liability in providing alcohol to minors; 2) encourage parents and others to address
alcohol issues with children at an early age; and 3) provide information to minors and
adults on underage drinking and DWI laws. Description: Some parents contribute to underage drinking by providing alcohol to their children and by failing to provide them with the guidance they need to make appropriate decisions. Justification: Surveys and focus groups conducted with parents and teenagers revealed considerable confusion about New Mexico’s underage drinking laws and the consequences for violating them. A statewide media campaign could help reduce violations by educating parents and other adults about the liability they incur when they provide alcohol to minors. |
Other Recommendations
6.2 Teach parents how to discuss alcohol and drugs with their
children and train them to be "primary preventers."
6.3 Encourage parents to work with schools to provide a wider
variety of events and activities for young people.
6.4 Offer peer mentoring programs for parents.
6.5 Offer free parent training to parents at time of
registering children for school at each grade level.
6.6 Pilot a Safe Homes program in New Mexico and, if
successful, introduce it throughout the state.
6.7 Develop a statewide parent hotline (800 number) to provide
support and information to parents regarding alcohol and drugs.
| 7. Problem Statement Seven: Current laws and regulations need to be examined to improve enforcement of underage drinking and DWI related offenses. |
Top Priority |
7.1 Encourage the District Attorneys Association
to develop a uniform position on charging adults who provide alcohol to minors with
contributing to the delinquency of a minor. Description: Alcohol is readily available to youth through older friends and other adults, who are rarely penalized for providing it to them. Justification: To deter adults from providing alcohol to minors, existing laws need to be enforced, and consistent penalties imposed on those adults who violate them. Reducing the availability of alcohol would lower the consumption of alcohol by persons under 21. |
Top Priority
|
7.2 Clarify conflicting statutes and regulations
pertaining to minors being served alcohol in bars, restaurants, and other public places
when accompanied by a parent, legal guardian, or adult spouse. Description: Although the Liquor Control Act prohibits service to minors (60-7B-1), the Children’s Code (32A-2-3A [2]) appears to make an exception to allow minors to be served if they are with a parent, guardian, custodian or adult spouse. Justification: The Children’s Code should be amended to make service to minors a delinquent act regardless of circumstance. Otherwise, confusion results and enforcement is compromised. |
Other Recommendation
7.3 Prohibit minors from establishments in which the primary
activity is the sale and dispensing of alcoholic beverages.