JUVENILE JUSTICE CHANGES

HB0339

HOUSE BILL 339

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Art De La Cruz

AN ACT

RELATING TO DELINQUENCY; AMENDING THE DELINQUENCY ACT; CHANGING
THE DEFINITION OF "SERIOUS YOUTHFUL OFFENDER" TO INCLUDE A
CHILD FIFTEEN TO EIGHTEEN YEARS OF AGE CHARGED WITH CRIMINAL
SEXUAL PENETRATION IN THE FIRST DEGREE; ALLOWING FOR THE
TRANSFER OF A SERIOUS YOUTHFUL OFFENDER TO THE CHILDREN'S COURT
FOR A JUVENILE DISPOSITION UNDER CERTAIN CIRCUMSTANCES;
REQUIRING MANDATORY COMMITMENT UNTIL THE AGE OF TWENTY-SIX FOR
A SERIOUS YOUTHFUL OFFENDER ADJUDICATED IN THE CHILDREN'S COURT
AND SUBJECT TO JUVENILE SANCTIONS; REQUIRING MANDATORY
COMMITMENT FOR CERTAIN DELINQUENT OFFENDERS; REQUIRING
MANDATORY COMMITMENT FOR CERTAIN YOUTHFUL OFFENDERS; PROVIDING
THAT THE COURT RETAINS JURISDICTION OVER THE DISPOSITION OF
CERTAIN DELINQUENT OFFENDERS AND YOUTHFUL OFFENDERS COMMITTED
TO THE CUSTODY OF THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT;
ENACTING A NEW SECTION 32A-2-19.1 NMSA 1978 TO CLARIFY TERMS OF
COMMITMENT FOR ADJUDICATED DELINQUENT CHILDREN; MAKING
CONFORMING AMENDMENTS; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 32A-2-3 NMSA 1978 (being Laws 1993,
Chapter 77, Section 32, as amended) is amended to read:

"32A-2-3. DEFINITIONS.--As used in the Delinquency Act:

A. "delinquent act" means an act committed by a
child that would be [
designated
]
charged
as a crime [
under the
law
] if committed by an adult, [
not including
]
except for an
act that would be charged as
a violation of Section 30-9-2 NMSA
1978, [
including the following offenses
]
and includes
:

(1) any of the following offenses pursuant to
municipal traffic codes or the Motor Vehicle Code:

(a) driving while under the influence of
intoxicating liquor or drugs;

(b) failure to stop in the event of an
accident causing death, personal injury or damage to property;

[
(c) unlawful taking of a vehicle or
motor vehicle;

(d) receiving or transferring of a
stolen vehicle or motor vehicle;

(e)
]
(c)
homicide by vehicle;

[
(f)
]
(d)
injuring or tampering with a
vehicle;

[
(g)
]
(e)
altering or changing of an
engine number or other vehicle identification numbers;

[
(h)
]
(f)
altering or forging of a
driver's license or permit or any making of a fictitious
license or permit;

[
(i)
]
(g)
reckless driving;

[
(j)
]
(h)
driving with a suspended or
revoked license; or

[
(k) an
]
(i) any other traffic
offense
punishable as a felony;

(2) buying, attempting to buy, receiving,
possessing or being served any alcoholic liquor or being
present in a licensed liquor establishment, other than a
restaurant or a licensed retail liquor establishment, except in
the presence of the child's parent, guardian, custodian or
adult spouse;
provided that
as used in this paragraph,
"restaurant" means an establishment where meals are prepared
and served primarily for on-premises consumption and that has a
dining room, a kitchen and the employees necessary for
preparing, cooking and serving meals [
"Restaurant"
]
but
does
not include an establishment [
as defined in regulations
]

subject to the rules
promulgated by the director of the special
investigations unit
of the New Mexico state police division
of
the department of public safety, that serves only hamburgers,
sandwiches, salads and other fast foods;

(3) a violation of Section 30-29-2 NMSA 1978,
regarding the illegal use of a glue, aerosol spray product or
other chemical substance;

(4) a violation of the Controlled Substances
Act;

(5) escape from the custody of a law
enforcement officer or a juvenile probation or parole officer
or from any placement made by the department by a child who has
been adjudicated a delinquent child;

(6) a violation of Section 30-15-1.1 NMSA 1978
regarding unauthorized graffiti on personal or real property;

(7) a violation of an order of protection
issued pursuant to the provisions of the Family Violence
Protection Act; or

(8) trafficking cannabis as provided in
Section 26-2C-28 NMSA 1978;

B. "delinquent child" means a child who has
committed a delinquent act;

C. "delinquent offender" means [
a
]
an adjudicated

delinquent child who is subject to
only
juvenile sanctions
[
only
] and who is not a youthful offender or a serious youthful
offender;

D. "detention facility" means a place where a child
may be detained under the Children's Code pending
a
court
hearing and does not include a facility for the care and
rehabilitation of an adjudicated delinquent child;

E. "felony" means an act that would be a felony if
committed by an adult;

F. "misdemeanor" means an act that would be a
misdemeanor or petty misdemeanor if committed by an adult;

G. "restitution" means financial reimbursement by
the child to the victim or community service
ordered or
imposed
[
by the court and
]
as part of the disposition of a complaint
that
is limited to easily ascertainable damages for injury to
or loss of property, actual expenses incurred for medical,
psychiatric and psychological treatment for injury to a person
[
and
]
or
lost wages resulting from physical injury, [
which
]

that
are a direct and proximate result of a delinquent act,
[
"Restitution"
]
and
does not include reimbursement for damages
for mental anguish, pain and suffering or other intangible
losses;
provided that
as used in this subsection, "victim"
means a person who is injured or suffers damage of any kind by
an act that is the subject of a complaint or referral to law
enforcement officers or juvenile probation authorities [
Nothing
contained in this definition limits or replaces the provisions
of Subsections A and B of Section 32A-2-27 NMSA 1978
];

H. "serious youthful offender"
is not a delinquent
child and
means [
an individual
]
a child
fifteen to eighteen
years of age who is charged with and indicted or bound over for
trial for [
first degree murder. A "serious youthful offender"
is not a delinquent child as defined pursuant to the provisions
of this section
]
murder in the first degree as provided in
Section 30-2-1 NMSA 1978 or a child who is seventeen years of
age and charged with criminal sexual penetration in the first
degree as provided in Section 30-9-11 NMSA 1978
;

I. "supervised release" means the release of a
juvenile, whose term of commitment has not expired, from a
facility for the care and rehabilitation of adjudicated
delinquent children, with specified conditions to protect
public safety and promote successful transition and
reintegration into the community. A juvenile on supervised
release is subject to monitoring by the department until the
term of commitment has expired and may be returned to custody
for violating conditions of release; and

J. "youthful offender" means a delinquent child
subject to adult or juvenile sanctions who is:

(1) fourteen to eighteen years of age at the
time of the offense and who is adjudicated for at least one of
the following offenses:

(a) second degree murder, as provided in
Section 30-2-1 NMSA 1978;

(b) assault with intent to commit a
violent felony, as provided in Section 30-3-3 NMSA 1978;

(c) kidnapping, as provided in Section
30-4-1 NMSA 1978;

(d) aggravated battery, as provided in
Subsection C of Section 30-3-5 NMSA 1978;

(e) aggravated battery against a
household member, as provided in Subsection C of Section
30-3-16 NMSA 1978;

(f) aggravated battery upon a peace
officer, as provided in Subsection C of Section 30-22-25 NMSA
1978;

(g) shooting at a dwelling or occupied
building or shooting at or from a motor vehicle, as provided in
Section 30-3-8 NMSA 1978;

(h) dangerous use of explosives, as
provided in Section 30-7-5 NMSA 1978;

(i) criminal sexual penetration
in the
second degree, third degree or fourth degree
, as provided in
Section 30-9-11 NMSA 1978;

(j) robbery, as provided in Section
30-16-2 NMSA 1978;

(k) aggravated burglary, as provided in
Section 30-16-4 NMSA 1978;

(l) aggravated arson, as provided in
Section 30-17-6 NMSA 1978; or

(m) abuse of a child that results in
great bodily harm or death to the child, as provided in Section
30-6-1 NMSA 1978;

(2) fourteen to eighteen years of age at the
time of the offense, who is adjudicated for any felony offense
and who has had three prior, separate felony adjudications
within a three-year time period immediately preceding the
instant offense. The felony adjudications relied upon as prior
adjudications shall not have arisen out of the same transaction
or occurrence or series of events related in time and location.
Successful completion of consent decrees is not considered a
prior adjudication for the purposes of this paragraph; or

(3) fourteen years of age [
and who is
]
at the
time of the offense and
adjudicated for first degree murder, as
provided in Section 30-2-1 NMSA 1978,
or criminal sexual
penetration in the first degree, as provided in Section 30-9-11
NMSA 1978
."

SECTION 2.
Section 32A-2-8 NMSA 1978 (being Laws 1993,
Chapter 77, Section 37) is amended to read:

"32A-2-8. PETITION--AUTHORIZATION TO FILE--
TRANSFER OF
SERIOUS YOUTHFUL OFFENDERS TO CHILDREN'S COURT
.--

A.
A petition alleging delinquency shall not be
filed in delinquency proceedings unless the children's court
attorney, after consulting with probation services, has
determined and endorsed upon the petition that the filing of
the petition is in the best interest of the public and the
child. The children's court attorney shall furnish legal
services in connection with the authorization and preparation
of the petition.

B. In a case against a serious youthful offender,
if a prosecutor and defense counsel agree that interests of
justice, the welfare of the serious youthful offender and the
safety of the public will be served by subjecting the serious
youthful offender to juvenile sanctions, the parties shall give
notice to the district court and the children's court attorney
that the case will be transferred to the children's court.

Upon receiving such notice, the children's court attorney shall
file a petition against the serious youthful offender to
initiate adjudication proceedings in the children's court.
"

SECTION 3.
Section 32A-2-19 NMSA 1978 (being Laws 1993,
Chapter 77, Section 48, as amended) is amended to read:

"32A-2-19. DISPOSITION OF AN ADJUDICATED DELINQUENT
OFFENDER
OR A YOUTHFUL OFFENDER OR SERIOUS YOUTHFUL OFFENDER
SUBJECT TO JUVENILE SANCTIONS
.--

A. The dispositions provided for in this section
constitute juvenile sanctions for children adjudicated pursuant
to the Delinquency Act.

[
A.
]
B.
At the conclusion of the dispositional
hearing, the court may make and include in the dispositional
judgment its findings on the following:

(1) the interaction and interrelationship of
the child with the child's parents and siblings and any other
person who may significantly affect the child's best interests;

(2) the child's adjustment to the child's
home, school and community;

(3) the mental and physical health of all
individuals involved, including consideration of such factors
as the child's brain development, maturity, trauma history and
disability;

(4) the wishes of the child as to the child's
custodian;

(5) the wishes of the child's parents as to
the child's custody;

(6) whether there exists a relative of the
child or other individual who, after study by the department,
is found to be qualified to receive and care for the child;

(7) the availability of services recommended
in the predisposition report; and

(8) the ability of the parents to care for the
child in the home.

[
B.
]
C. Except as provided in Subsection D of this
section
, if a child is [
found to be delinquent
]
adjudicated as
a delinquent offender or youthful offender subject to juvenile
sanctions
, the court may [
enter its judgment making
]
order
any
of the following dispositions, [
for the supervision, care and
rehabilitation of the child
]
if appropriate
:

(1) transfer legal custody [
to
]
of
the
child
to the
department [
an agency responsible for the care and
rehabilitation of delinquent children, which shall receive the
child at a facility designated by the secretary of the
department as a juvenile reception facility. The department
shall thereafter determine the appropriate placement,
supervision and rehabilitation program for the child. The
judge may include recommendations for placement of the child.
Commitments are subject to limitations and modifications set
forth in Section 32A-2-23 NMSA 1978. The types of commitments
include:

(a) a short-term commitment of one year
in a facility for the care and rehabilitation of adjudicated
delinquent children. No more than nine months shall be served
at the facility and no less than ninety days shall be served on
supervised release, unless: 1) a petition to extend the
commitment has been filed prior to the commencement of
supervised release; 2) the commitment has been extended
pursuant to Section 32A-2-23 NMSA 1978; or 3) supervised
release is revoked pursuant to Section 32A-2-25 NMSA 1978;

(b) a long-term commitment for no more
than two years in a facility for the care and rehabilitation of
adjudicated delinquent children. No more than twenty-one
months shall be served at the facility and no less than ninety
days shall be served on supervised release, unless: 1)
supervised release is revoked pursuant to Section 32A-2-25 NMSA
1978; or 2) the commitment is extended pursuant to Section
32A-2-23 NMSA 1978;

(c) if the child is a delinquent
offender who committed one of the criminal offenses set forth
in Subsection J of Section 32A-2-3 NMSA 1978, a commitment to
age twenty-one, unless sooner discharged; or

(d) if the child is a youthful offender,
a commitment to age twenty-one, unless sooner discharged
]
for
commitment at a facility for the care and rehabilitation of
adjudicated delinquent children for an appropriate term in
accordance with the provisions of Section 32A-2-19.1 NMSA 1978
;

(2) place the child on probation [
under those
conditions and limitations as the court may prescribe
]
or
supervision subject to appropriate conditions
;

(3) [
place
]
commit
the child [
in
]
to
a local
detention facility that [
has been
]
is
certified [
in accordance
with the provisions of
]
pursuant to
Section 32A-2-4 NMSA 1978
for a period not to exceed fifteen days within a three hundred
sixty-five day time period [
or if a child is found to be
delinquent solely on the basis of Paragraph (3) of Subsection A
of Section 32A-2-3 NMSA 1978, the court shall only enter a
judgment placing the child on probation or ordering restitution
or both
]; or

(4) if a child is found to be delinquent
solely [
on the basis of Paragraph (2), (3) or (4)
]
for
violating the offenses enumerated in Paragraphs (2) through (4)

of Subsection A of Section 32A-2-3 NMSA 1978, the court may
[
make any disposition provided by this section and may enter
its judgment placing the child on probation and, as a condition
of probation, transfer
]
place the child on probation or
supervision subject to appropriate conditions that may include:

(a) transferring
custody of the child to
the department for
treatment for
a period not to exceed six
months [
without further order of the court
]; provided that
[
this transfer shall not be made unless
] the court first
determines that the department is able to provide or contract
for adequate and appropriate treatment for the child and that
the treatment is likely to be beneficial;
or

(b) ordering the suspension or denial of
the child's driving privileges or revocation of the child's
driver's license for a period of ninety days for a first
adjudication and for twelve months for a second or subsequent
adjudication; provided that the court shall give notice of the
suspension, denial or revocation to the taxation and revenue
department within twenty-four hours of entering the judgment;
and provided further that suspension, denial or revocation
shall be in accordance with the Motor Vehicle Code.

D. The court shall order a disposition transferring
the legal custody of a child to the department for commitment
at a facility for the care and rehabilitation of adjudicated
delinquent children in accordance with Section 32A-2-19.1 NMSA
1978 if the child is:

(1) a serious youthful offender; or

(2) adjudicated as a delinquent offender or
youthful offender for:

(a) first or second degree murder;

(b) first degree criminal sexual
penetration; or

(c) abuse of a child that results in
great bodily harm or death.

[
C. When the
]
E. If a
child is an Indian child,
the Indian child's cultural needs shall be considered in the
dispositional judgment and,
if applicable
, reasonable access to
cultural practices and traditional treatment shall be provided.

[
D. A child found to be delinquent shall not be
committed or transferred to a penal institution or other
facility used for the execution of sentences of persons
convicted of crimes.

E.
]
F.
Whenever the court [
vests
]
transfers
legal
custody [
in
]
of a child to
an agency, institution or
department, [
it
]
the court
shall transmit with the
dispositional judgment copies of the clinical reports,
the

predisposition study and report and other information [
it has
]

in the record that is
pertinent to the care and treatment of
the child.

[
F.
]
G.
Prior to [
any
]
the custody of a
child being
[
placed in the custody of
]
transferred to
the department, the
department shall be provided with reasonable [
oral or written
notification
]
notice
and an opportunity to be heard.

[
G.
]
H.
In addition to [
any other
]
a
disposition
pursuant to Subsection [
B
]
C
of this section, the court may
make an abuse or neglect report [
for investigation and
proceedings as provided for in
]
that shall be processed in
accordance with
the Abuse and Neglect Act. The report may be
made to a local law enforcement agency, the department or a
tribal law enforcement or social service agency for an Indian
child [
residing
]
who resides
in Indian country.

[
H. In addition to any other disposition pursuant
to this section or any other penalty provided by law, if a
child who is fifteen years of age or older is adjudicated
delinquent on the basis of Paragraph (2), (3) or (4) of
Subsection A of Section 32A-2-3 NMSA 1978, the child's driving
privileges may be denied or the child's driver's license may be
revoked for a period of ninety days. For a second or a
subsequent adjudication, the child's driving privileges may be
denied or the child's driver's license revoked for a period of
one year. Within twenty-four hours of the dispositional
judgment, the court may send to the motor vehicle division of
the taxation and revenue department the order adjudicating
delinquency. Upon receipt of an order from the court
adjudicating delinquency, the director of the motor vehicle
division of the taxation and revenue department may revoke or
deny the delinquent's driver's license or driving privileges.
Nothing in this section may prohibit the delinquent from
applying for a limited driving privilege pursuant to Section
66-5-35 NMSA 1978 or an ignition interlock license pursuant to
the Ignition Interlock Licensing Act, and nothing in this
section precludes the delinquent's participation in an
appropriate educational, counseling or rehabilitation program.
]

I. In addition to [
any other
]
a
disposition
pursuant to this section or any other penalty [
provided
]

prescribed
by law, [
when
]
if
a child is adjudicated delinquent
[
on the basis of Paragraph (6) of Subsection A of Section
32A-2-3 NMSA 1978
]
for violating Section 30-15-1.1 NMSA 1978
regarding unauthorized graffiti on personal or real property
,
the child shall perform the mandatory community service [
set
forth in Section 30-15-1.1 NMSA 1978. When
]
required for that
offense. If
a child fails to [
completely perform
]
complete
the
mandatory community service, the name and address of the
child's parent or legal guardian shall be published in a
newspaper of general circulation, accompanied by a notice that
the parent or legal guardian is the parent or legal guardian of
a child adjudicated delinquent for committing graffiti."

SECTION 4.
A new section of the Delinquency Act, Section
32A-2-19.1 NMSA 1978, is enacted to read:

"32A-2-19.1. [
NEW MATERIAL
] STANDARD TERMS OF COMMITMENT
FOR AN ADJUDICATED DELINQUENT OFFENDER OR A YOUTHFUL OFFENDER--MANDATORY COMMITMENT FOR CERTAIN YOUTHFUL OFFENDERS.--

A. If an adjudicated delinquent child is
transferred to the custody of the department for commitment,
the commitment shall be at a facility for the care and
rehabilitation of adjudicated delinquent children. An
adjudicated delinquent child shall not be committed at a penal
institution or other facility for the detention of adults
convicted of crimes, unless the child is a youthful offender
subject to an adult sentence.

B. Before placing the child at a facility for the
care and rehabilitation of adjudicated delinquent children, the
department shall first assess the child at a department-designated assessment facility to determine the placement, type
of supervision and rehabilitation program appropriate for the
child. In determining the appropriate placement, supervision
and program for an adjudicated delinquent offender or youthful
offender, the department may consider any recommendations made
by the court; provided that the department shall place a
serious youthful offender subject to juvenile sanctions as
ordered by the court.

C. Either of the following terms of commitment are
standard for a child adjudicated as a delinquent offender and
are subject to modification in accordance with Section 32A-2-23
NMSA 1978:

(1) a short-term commitment shall not exceed
nine months; provided that no more than six months of the
commitment may be served at a facility for the care and
rehabilitation of adjudicated delinquent children and at least
ninety days of the commitment shall be served on supervised
release, unless supervised release is revoked pursuant to
Section 32A-2-25 NMSA 1978; and

(2) a long-term commitment shall not exceed
twenty-four months; provided that no more than twenty-one
months of the commitment may be served at a facility for the
care and rehabilitation of adjudicated delinquent children and
at least ninety days of the commitment shall be served on
supervised release, unless supervised release is revoked
pursuant to Section 32A-2-25 NMSA 1978.

D. The standard term of commitment for a child who
is a delinquent offender but committed an offense that would
have otherwise made the child a youthful offender is commitment
from the date of the dispositional judgment until the child
reaches the age of twenty-one and is subject to modification in
accordance with Section 32A-2-23 NMSA 1978; provided that if
the child was adjudicated for first degree murder, second
degree murder, first degree criminal sexual penetration or
abuse of a child resulting in great bodily harm or death,
commitment until the child reaches the age of twenty-one is
mandatory and is only subject to extension in accordance with
Section 32A-2-23 NMSA 1978.

E. The standard term of commitment for a child who
is a youthful offender is commitment from the date of the
dispositional judgment until the child reaches the age of
twenty-one and is subject to modification in accordance with
Section 32A-2-23 NMSA 1978.

F. The standard term of commitment for a child who
is a youthful offender adjudicated for first degree murder,
second degree murder, first degree criminal sexual penetration
or abuse of a child resulting in great bodily harm or death is
mandatory commitment from the date of the dispositional
judgment until the child reaches the age of twenty-six and is
only subject to extension in accordance with Section 32A-2-23
NMSA 1978.

G. The standard term of commitment for a serious
youthful offender adjudicated pursuant to the Delinquency Act
and subject to juvenile sanctions is mandatory commitment from
the date of the dispositional judgment until the child reaches
the age of twenty-six and is only subject to extension in
accordance with Section 32A-2-23 NMSA 1978."

SECTION 5.
Section 32A-2-23 NMSA 1978 (being Laws 1993,
Chapter 77, Section 52, as amended) is amended to read:

"32A-2-23. LIMITATIONS ON DISPOSITIONAL JUDGMENTS--
MODIFICATION--TERMINATION OR EXTENSION OF COURT ORDERS.--

A.
Upon the entry of
a judgment transferring legal
custody of an adjudicated delinquent child to [
an agency
responsible for the care and rehabilitation of delinquent
children divests the court of jurisdiction at the time of
transfer of custody, unless
]
the department, the court is
divested of jurisdiction; provided that the court retains
jurisdiction over a disposition for:

(1) a serious youthful offender subject to
juvenile sanctions;

(2) a child adjudicated as a delinquent
offender or youthful offender for:

(a) first or second degree murder;

(b) first degree criminal sexual
penetration; or

(c) abuse of a child that results in
great bodily harm or death; or

(3) a delinquent child that includes
the
transfer of legal custody [
is for a
]
for
commitment
at a local
detention facility
not exceeding fifteen days pursuant to the
provisions of Section 32A-2-19 NMSA 1978 [
in which case the
court retains jurisdiction
].

B. A judgment [
of
]
ordering
probation or
[
protective
] supervision shall remain in force for an
indeterminate period not to exceed the term of commitment [
from
the date entered
]
that a court is authorized to order for the
child
.

C. [
A child shall be released by an agency and
]
Probation or supervision shall be terminated [
by
]
before the
expiration of the judgment if
juvenile probation and parole
services or the agency providing supervision [
when it appears
that the purpose of the order has been achieved before the
expiration of the period of the judgment. A
]
determines that
continued probation or supervision is not necessary because the
child has substantially complied with the conditions of the
probation or supervision. The
release or termination and the
reasons [
therefor
]
for release or termination
shall be reported
promptly to the court in writing [
by the releasing authority
].

D. Prior to the expiration of a short-term
commitment, [
of one year, as provided for in Section 32A-2-19
NMSA 1978
] the court may extend the judgment for up to one six-month period if the court finds that the extension is necessary
to safeguard the welfare of the child or the [
public
] safety
of
the public
. If a short-term commitment is extended, the
[
mandatory ninety-day
]
term of a child's
supervised release
[
as
] required by Section [
32A-2-19
]
32A-2-19.1
NMSA 1978 shall
be included in the extension. Notice and hearing are required
for any extension of a [
juvenile's
]
child's
commitment.

E. Prior to the expiration of a
standard
long-term
commitment, [
as provided for in Section 32A-2-19 NMSA 1978
] the
court may extend the judgment for additional periods of one
year until the child reaches the age of twenty-one if the court
finds that the extension is necessary to safeguard the welfare
of the child or the [
public
] safety
of the public
. If a long-term commitment is extended, the [
mandatory ninety-day
]
term of
the child's
supervised release [
as
] required by Section
[
32A-2-19
]
32A-2-19.1
NMSA 1978 shall be included in the
extension. Notice and hearing are required for any extension
of a [
juvenile's
]
child's
commitment.

F. Prior to the expiration of a judgment of
probation, the court may extend the judgment for an additional
period of one year until the child reaches the age of twenty-one if the court finds that the extension is necessary to
[
protect the community or to
] safeguard the welfare of the
child
or the safety of the public
.

G. The court may dismiss a motion
to modify a
disposition
if, [
it finds
] after preliminary investigation,
the
court determines
that the motion is without [
substance
]
merit
.
If the court [
is of the opinion
]
determines
that the matter
should be reviewed, [
it may, upon notice to all necessary
parties, proceed to
]
the court shall hold
a hearing in the
manner provided for hearings on petitions alleging delinquency

after giving notice to the necessary parties
. The court may
terminate a judgment if it finds that the child is no longer in
need of care, supervision or rehabilitation or it may enter a
judgment extending or modifying the original judgment if it
finds that action necessary to safeguard the child or the
[
public interest
]
safety of the public
.

H. [
A
]
An adjudicated delinquent
child
or an
adjudicated serious youthful offender
may [
make
]
file
a motion
to
request a hearing to
modify [
a children's court or adult
]

the child's or offender's
disposition within thirty days [
of
the judge's decision
]
from the date of the dispositional
judgment
. If the court [
is of the opinion that the matter
should be reviewed, it may, upon notice to all necessary
parties, proceed to
]
determines that the child's request has
merit, the court shall hold
a hearing in the manner provided
for hearings on petitions alleging delinquency
after notice is
given to the necessary parties
.

I. The department [
may seek a bench warrant from
the court when the
]
shall give notice to the court if a
child
absconds from
probation or supervision or from
supervised
release.
Upon receiving such notice, the court shall issue a
warrant for the child's arrest.
"

SECTION 6.
Section 32A-2-23.1 NMSA 1978 (being Laws 2009,
Chapter 239, Section 23) is amended to read:

"32A-2-23.1. RELEASE ELIGIBILITY.--

A. The department shall have exclusive jurisdiction
and authority to release an adjudicated delinquent child during
the term of the child's commitment, consistent with the
provisions of the Victims of Crime Act;
provided that the
department does not have jurisdiction over or the authority to
release a delinquent child adjudicated for first degree murder,
second degree murder, first degree criminal sexual penetration
or abuse of a child resulting in great bodily harm or death.

B.
In determining whether to release a child, the
department shall give due consideration to public safety, the
extent to which the child has been rehabilitated, the adequacy
and suitability of the proposed release plan and the needs and
best interests of the child, including the child's need for
behavioral health or medical services that are not available in
facilities for adjudicated delinquent children.

[
B.
]
C.
The decision to grant or deny release shall
be made by the secretary of children, youth and families or the
secretary's designee. The department may impose such
conditions of release as it deems appropriate.

[
C.
]
D.
A child is eligible for release any time
after the entry of a judgment transferring legal custody to the
department, and the department may consider a reasonable
request for release from the child at any time sixty days after
the child has been committed.

[
D.
]
E.
In the event release for a child is denied
by the department after release is recommended for the child by
the juvenile public safety advisory board, or release is
approved by the department after the board has recommended that
the child not be released, within ten days, the board may
request a review of the decision by the court of the judicial
district from which legal custody of the child was transferred,
and the department shall transmit the child's records to the
court. The court shall have jurisdiction to review the matter
without conducting a formal hearing and to issue an order that
either denies or grants release to the child. If the board
requests review under this section, the child shall not be
released until such time as the court has issued a decision.
If the board does not petition the district court for review of
the department's decision to grant or deny release within ten
days of the department's decision, the department's decision
shall be final, and the department shall release the child or
continue the commitment in accordance with the terms of its
decision.

[
E.
]
F.
The secretary of children, youth and
families or the secretary's designee may review the case of any
child upon the child's or the juvenile public safety advisory
board's reasonable request at any time after release is
denied."

SECTION 7.
Section 32A-2-25 NMSA 1978 (being Laws 1993,
Chapter 77, Section 54, as amended) is amended to read:

"32A-2-25. [
PAROLE
]
SUPERVISED RELEASE
REVOCATION--PROCEDURES.--

A. [
A child on parole from an agency that has legal
custody who violates a term of parole may be proceeded against
in a parole revocation proceeding conducted by the department
or the supervising agency or by a hearing officer contracted by
the department who is neutral to the child and the agency in
accordance with procedures established by the department in
cooperation with the juvenile parole board.
]
If an adjudicated
delinquent child violates a condition of the child's supervised
release, the department may propose revocation of the
supervised release. If the department proposes revocation, the
department shall conduct a revocation hearing that is presided
over by the department or a neutral hearing officer contracted
by the department. A child may waive the right to a revocation
hearing after consultation with the child's attorney and
parent, guardian or custodian.

B.
A juvenile probation and parole officer may
detain a child on [
parole status who is alleged to have
]

supervised release if the officer has probable cause that the
child
violated a [
term or
] condition of [
parole
]
the supervised
release. A child detained pursuant to this subsection shall
remain in detention
until the completion [
and review of a
preliminary parole
]
of the
revocation hearing. [
A child may
waive the right to a preliminary parole revocation hearing
after consultation with the child's attorney, parent, guardian
or custodian.

B. If a retake warrant is issued by the department
upon the completion of the preliminary parole revocation
hearing, the juvenile institution to which the warrant is
issued shall promptly transport the child to that institution
at the expense of the department.
]

C. If a child's supervised release is revoked, the
department shall issue a notice of revocation to a facility for
the care and rehabilitation of adjudicated delinquent children.
Upon receiving such notice, the facility shall immediately take
custody of the child for the remainder of the commitment.

D.
If a child absconds from [
parole supervision
]

supervised release
and is apprehended in another state after
the issuance of a [
retake
] warrant by the department, the
[
juvenile justice division of the
] department shall [
cause
]

provide for
the return of the child [
to this state
] at the
expense of the department."

SECTION 8.
APPROPRIATION.--One million dollars
($1,000,000) is appropriated from the general fund to the
juvenile justice division of the children, youth and families
department for expenditure in fiscal year 2027 to implement the
provisions of this act. Any unexpended balance remaining at
the end of fiscal year 2027 shall revert to the general fund.

SECTION 9.
EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.

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