JUVENILE JUSTICE CHANGES

HB0005

HOUSE BILL 5

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

INTRODUCED BY

Janelle Anyanonu
and
Sarah Silva
and
Art De La Cruz

and
Charlotte Little

AN ACT

RELATING TO CHILDREN; REQUIRING VALIDATION OF AND REPORTING ON
A DETENTION RISK ASSESSMENT INSTRUMENT; PROVIDING FOR THE
ISSUANCE OF A WARRANT AND A TOLL OF TIME OF SUPERVISED RELEASE
FOR A DELINQUENT CHILD WHO HAS ABSCONDED FROM THE SUPERVISED
RELEASE TERM; RENAMING AND AMENDING THE JUVENILE COMMUNITY
CORRECTIONS ACT; PROVIDING FOR GRANTS FOR PROGRAMS THAT PROVIDE
SERVICES FOR ADJUDICATED DELINQUENTS, CHILDREN OR YOUTH;
ESTABLISHING A LOCAL PANEL TO DETERMINE THE NEXT STEPS OF A
DELINQUENT CHILD SENTENCED TO A JUVENILE FACILITY; PROVIDING
FOR CONSIDERATION OF AVAILABLE SERVICES AND PROGRAMS FOR THE
WELL-BEING OF THE DELINQUENT CHILD.

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

SECTION 1.
Section 32A-2-11 NMSA 1978 (being Laws 1993,
Chapter 77, Section 40, as amended) is amended to read:

"32A-2-11. CRITERIA FOR DETENTION OF CHILDREN.--

A. Unless
otherwise
ordered by [
the
]
a
court
pursuant to [
the provisions of
] the Delinquency Act, a child
taken into custody for an alleged delinquent act [
shall not be
placed in detention unless
]
may be detained only in accordance
with Section 32A-2-10 NMSA 1978 and only if
a detention risk
assessment [
instrument
] is completed and a determination is
made that the child:

(1) poses a substantial risk of harm to
[
himself
]
the child's self
;

(2) poses a substantial risk of harm to
others; or

(3) has demonstrated that [
he
]
the child
may
leave the jurisdiction of the court.

B. The [
criteria for detention in
]
provisions of
Subsection A of
this section [
shall govern the decisions of
]

apply to
all persons responsible for determining whether
[
detention is appropriate prior
] to
detain a child before
a
detention hearing [
based upon review of the detention risk
assessment instrument
]
is held
.

C. The department shall develop,
validate
and
implement
an instrument to conduct
a detention risk assessment
[
instrument
]. The department shall collect and analyze data
regarding the application [
of the detention risk assessment
instrument. On January 1, 2004, the department shall provide
the legislature with a written report with respect to its
collection and analysis of data regarding the application of
the detention risk assessment instrument
]
and effectiveness of
the instrument every three years and update the instrument
based on the data.

D. On or before September 1 of each year, the
department shall provide to the legislature a written report on
the application and effectiveness of the instrument used to
conduct a detention risk assessment. If applicable, the report
shall explain the validation of the instrument and updates made
to the instrument
."

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

"32A-2-25. [
PAROLE
] REVOCATION
OF SUPERVISED RELEASE
--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, 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 to believe
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 juvenile
corrections facility. Upon receiving the 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
a court or a notice of

revocation 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.

E. The issuance of a warrant upon an allegation
that a child has absconded from supervised release shall toll
the supervised release period. After a hearing upon a child's
return or quashing of the warrant, if the court finds that the
child knowingly and willfully absconded from supervised
release, the time from the date of the violation to the date of
the child's arrest or quashing of the warrant shall not be
counted as time served on supervised release and the tolled
time shall be added to the supervised release term.
"

SECTION 3.
Section 33-9A-1 NMSA 1978 (being Laws 1988,
Chapter 101, Section 39, as amended) is amended to read:

"33-9A-1. SHORT TITLE.--Chapter 33, Article 9A NMSA 1978
may be cited as the "Juvenile Community [
Corrections
]

Connections
Act"."

SECTION 4.
Section 33-9A-2 NMSA 1978 (being Laws 1988,
Chapter 101, Section 40, as amended) is amended to read:

"33-9A-2. DEFINITIONS.--As used in the Juvenile Community
[
Corrections
]
Connections
Act:

A. "child" means a person who is younger than
eighteen years of age;

[
A.
]
B.
"delinquent
child
" means a child
who has
been
adjudicated
for a
delinquent
act
pursuant to the
Children's Code;

[
B.
]
C.
"department" means the children, youth and
families department;

[
C.
]
D.
"fund" means the juvenile community
[
corrections
]
connections
grant fund;

[
D.
]
E.
"secretary" means the secretary of
children, youth and families; [
and

E.
]
F.
"volunteer services" means services provided
by individuals or organizations without compensation,

reimbursement or award of any kind;

G. "youth" means a person who is eighteen years of
age or older but younger than twenty-six years of age; and

H. "youthful offender" means a youthful offender as
defined by Subsection J of Section 32A-2-3 NMSA 1978 who is
subject to juvenile sanctions and does not include a delinquent
child subject to adult sanctions
."

SECTION 5.
Section 33-9A-3 NMSA 1978 (being Laws 1988,
Chapter 101, Section 41, as amended) is amended to read:

"33-9A-3. JUVENILE COMMUNITY [
CORRECTIONS
]
CONNECTIONS

GRANT FUND CREATED--PURPOSE--ADMINISTRATION--REPORT.--

A. There is created in the state treasury the
"juvenile community [
corrections
]
connections
grant fund" to be
administered by the department. All balances in the fund are
appropriated to the department to carry out the purposes of the
fund, and no money shall be transferred to another fund or be
encumbered or disbursed in any manner except as provided in the
Juvenile Community [
Corrections
]
Connections
Act.
Disbursements from the fund shall be made only upon warrant
drawn by the secretary of finance and administration pursuant
to vouchers signed by the secretary of children, youth and
families.

B. Money in the fund shall be used by the
department to make grants to counties, municipalities or
private organizations, individually or jointly, to provide
community [
corrections
] programs and services for the diversion
of [
adjudicated delinquents
]
delinquent children or youthful
offenders subject to juvenile sanctions or children or youth
referred by the department
to community-based settings. No
grant shall be made to a private organization that is not a
nonprofit organization without the approval of the secretary.
The department [
may
]
shall
also use money in the fund to
contract directly for or operate [
juvenile community
corrections
] programs
that provide services for delinquent
children or youthful offenders subject to juvenile sanctions or
children or youth referred for services by the department
.

C. No more than [
ten
]
twelve
percent of the money
in the fund shall be used by the department for administration
and program monitoring by the department. No more than [
ten
]

twelve
percent of any grant from the fund shall be used for
administrative costs incurred by the grantee.

D. After notice and public hearing as required by
law, the secretary shall adopt [
regulations
]
rules
that provide
standards for qualifications for grants, priorities for
awarding of grants and other standards regarding [
juvenile
community corrections
] programs [
deemed necessary
]
for eligible
delinquent children or youthful offenders; provided that, at
minimum, eligible programs or services shall be evidence- or
research-based
. The department shall review and approve or
disapprove all applications submitted pursuant to the Juvenile
Community [
Corrections
]
Connections
Act for a grant of funds
from the fund.

E. The department shall submit an annual report to
the governor and legislature not later than December 15
providing information on grant awards, program effectiveness
and monitoring efforts and making recommendations as necessary
to carry out the purpose of the fund.

F. The department may accept donations, payments,
contributions, gifts or grants from whatever source for the
benefit of the fund."

SECTION 6.
Section 33-9A-4 NMSA 1978 (being Laws 1988,
Chapter 101, Section 42, as amended) is amended to read:

"33-9A-4. APPLICATIONS--CRITERIA.--

A. Counties, municipalities or private
organizations, individually or jointly, may apply for grants
from the fund, including grants for counties or municipalities
to purchase contractual services from private organizations;
provided that:

(1) the application is for funding a program
[
with priority use being for delinquents selected pursuant to
the provisions of Section 33-9A-5 NMSA 1978
]
that provides
prevention, intervention or diversion services to delinquent
children or youthful offenders subject to juvenile sanctions or
children or youth referred for services by the department
;

(2) the applicant certifies that [
it
]
the
applicant
is willing and able to operate the program according
to standards provided by the department, which may include the
negotiation of a [
contract
]
program agreement or service
agreement
between the [
delinquent
]
child or youth
and program
staff with provisions such as deductions from employment income
for applicable victim restitution, family support, room and
board, savings and weekly allowance. In addition to monetary
restitution, to the extent practical, or if monetary
restitution is not applicable, the [
contract
]
program agreement
or service agreement
may include provision for community
service restitution for a specific number of hours;

(3) the applicant demonstrates the support of
key components of [
the criminal justice system
]
prevention,
intervention and diversion
;

(4) the applicant, if a private organization,
demonstrates the support of the county and municipality where
the program will provide services;

(5) the applicant certifies that it will
utilize volunteer services as an integral portion of the
program to the maximum extent feasible; and

(6) no class A county alone or in conjunction
with any municipality within a class A county shall receive
more than forty-nine percent of any money appropriated to the
fund.

B. The award of grants to applicants shall be
prioritized as follows:

(1) programs focused on:

(a) decreasing violence, gun violence,
alcohol and substance abuse, gang activity, criminal mentality
and trauma; and

(b) improving mental health and anger
management;

(2) programs focused on education, literacy,
financial literacy, job training, apprenticeships, food justice
and housing; and

(3) programs focused on arts, performing arts,
sports, music, debate and leadership.

[
B.
]
C.
Notwithstanding the provisions of
Subsection A of this section, the department [
may
]
shall

utilize the fund to place individuals eligible, or within
twelve months of eligibility, for [
parole
]
supervised release

in community-based settings. The department
shall evaluate the
totality of the circumstances unique to the eligible individual
to determine what available services are most likely to support
the individual while on supervised release and
may, in its
discretion, require participation [
by a delinquent
] in a
program as a condition of supervised release.

[
C.
]
D.
The department may utilize not more than
twenty-five percent of the fund [
to contract directly for
community corrections programs
]
for a program agreement or
service agreement that provides services for delinquent
children or youthful offenders subject to juvenile sanctions or
children or youth referred for services by the department
or to
establish programs operated by the department; provided,
however, that the department may utilize up to an additional
ten percent of the fund to operate [
juvenile community
corrections
] programs
that provide services for delinquent
children or youthful offenders subject to juvenile sanctions or
children or youth referred by the department
if, after a
reasonable effort to solicit proposals, there are no
satisfactory proposals from a community where it is determined
that a program is necessary or if it becomes necessary to
cancel a program as provided in the contract.

[
D.
]
E.
The department shall establish additional
guidelines for allocation of funds under the Juvenile Community
[
Corrections
]
Connections
Act. An applicant
that receives a
grant
shall retain the authority to accept or reject the
placement of [
any delinquent
]
a child or youth
in a program

operated by the department
."

SECTION 7.
Section 33-9A-5 NMSA 1978 (being Laws 1988,
Chapter 101, Section 43, as amended) is amended to read:

"33-9A-5. SELECTION PANELS.--

A. [
The department shall establish a state panel
]
A
county, municipality or private organization, individually or
jointly, may establish a local panel
whose duties shall be to
immediately screen and identify delinquents sentenced to a
juvenile [
correctional
] facility of the department and
transferred to the legal custody of the department. [
except
individuals who are sentenced or transferred from a judicial
district that has established a local panel to exercise these
duties pursuant to the provisions of this section and who meet
the following criteria:

(1) the offense involved is one for which
community service or reasonable restitution may be made using a
payment schedule compatible with the total amount of
restitution to be paid and the time the offender is to
participate in a program; and

(2) the child is willing to enter into a
contract that establishes objectives that shall be achieved
before release from the program
]
The composition of a local
panel shall include representatives from the judiciary, the
public defender department or the public defender department's
designee, the district attorney or the district attorney's
designee, the local schools, the department, the county sheriff
or the municipal police department, individuals representing
local programs and private citizens.

B. The department may establish criteria [
in
addition to those established in Subsection A of this section
]
for the screening of delinquents who would benefit from
participation in a program and who would not pose a threat to
the community.

C. If the [
state
]
local
panel determines that a
child is suitable for placement in a program, a recommendation
to that effect and for modification of disposition shall be
presented as soon as possible to the sentencing judge or the
department, which may, notwithstanding any provision of law,
accept, modify or reject the recommendation. The determination
shall be presented to the county, municipality or private
nonprofit organization, as applicable, for approval or
rejection.

[
D. A county, municipality or private nonprofit
organization, individually or jointly, may establish a local
panel to exercise the duties and responsibilities of the state
panel pursuant to the provisions of Subsection A of this
section and, using the same criteria as the state panel, the
local panel may screen and identify delinquents. The
composition of a local panel shall include, to the maximum
extent possible, representatives of the judiciary, the
administrative office of the district attorneys, the public
defender department, the children, youth and families
department, the county sheriff or the municipal police
department, individuals representing local programs and private
citizens.
]"

SECTION 8.
Section 33-9A-6 NMSA 1978 (being Laws 1988,
Chapter 101, Section 44) is amended to read:

"33-9A-6. SENTENCING--
SERVICES AND PROGRAMS
.--

A. In every case where the commitment to the
authority of a child adjudicated delinquent is contemplated by
a judge, a predisposition report shall be prepared containing
the recommendation of the juvenile probation officer regarding
a community corrections placement or a diagnostic evaluation
shall be completed by the authority containing the
recommendation of the authority regarding that placement and
the judge shall consider that report or evaluation prior to
making that commitment. A juvenile probation officer shall
consult with the authority prior to making a recommendation
pursuant to this subsection.

B. At a sentencing hearing, if a judge of a court
of competent jurisdiction determines placement in community
corrections is appropriate, [
he
]
the judge
shall defer or
suspend the sentence and, as a condition of probation, require
[
an individual
]
the child
to serve a period of time in a
community corrections program.
The judge shall consider
whether the available services and program participation will
support the child during probation. After considering the
totality of the circumstances, the judge may order services or
program participation as a condition of probation if such an
order is likely to reduce recidivism, support the mental health
of the child or encourage education, job training and financial
literacy.
"

SECTION 9.
Section 41-4-3 NMSA 1978 (being Laws 1976,
Chapter 58, Section 3, as amended) is amended to read:

"41-4-3. DEFINITIONS.--As used in the Tort Claims Act:

A. "board" means the risk management advisory
board;

B. "governmental entity" means the state or any
local public body as defined in Subsections C and H of this
section;

C. "local public body" means all political
subdivisions of the state and their agencies, instrumentalities
and institutions and all water and natural gas associations
organized pursuant to Chapter 3, Article 28 NMSA 1978;

D. "law enforcement officer" means a full-time
salaried public employee of a governmental entity, or a
certified part-time salaried police officer employed by a
governmental entity, whose principal duties under law are to
hold in custody any person accused of a criminal offense, to
maintain public order or to make arrests for crimes, or members
of the national guard when called to active duty by the
governor;

E. "maintenance" does not include:

(1) conduct involved in the issuance of a
permit, driver's license or other official authorization to use
the roads or highways of the state in a particular manner; or

(2) an activity or event relating to a public
building or public housing project that was not foreseeable;

F. "public employee" means an officer, employee or
servant of a governmental entity, excluding independent
contractors except for individuals defined in Paragraphs (7),
(8), (10), (14) and (17) of this subsection, or of a
corporation organized pursuant to the Educational Assistance
Act, the Small Business Investment Act or the Mortgage Finance
Authority Act
or a licensed health care provider, who has no
medical liability insurance, providing voluntary services as
defined in Paragraph (16) of this subsection
and including:

(1) elected or appointed officials;

(2) law enforcement officers;

(3) persons acting on behalf or in service of
a governmental entity in any official capacity, whether with or
without compensation;

(4) licensed foster parents providing care for
children in the custody of the [
human services department,
corrections department or department of health
]
state
, but not
including foster parents certified by a licensed child
placement agency;

(5) members of state or local selection panels
established pursuant to the Adult Community Corrections Act;

(6) members of state or local selection panels
established pursuant to the Juvenile Community [
Corrections
]

Connections
Act;

(7) licensed medical, psychological or dental
arts practitioners providing services to the corrections
department pursuant to contract;

(8) members of the board of directors of the
New Mexico medical insurance pool;

(9) individuals who are members of medical
review boards, committees or panels established by the
educational retirement board or the retirement board of the
public employees retirement association;

(10) licensed medical, psychological or dental
arts practitioners providing services to the children, youth
and families department pursuant to contract;

(11) members of the board of directors of the
New Mexico educational assistance foundation;

(12) members of the board of directors of the
New Mexico student loan guarantee corporation;

(13) members of the New Mexico mortgage
finance authority;

(14) volunteers, employees and board members
of court-appointed special advocate programs;

(15) members of the board of directors of the
small business investment corporation;

(16) health care providers licensed in New
Mexico who render voluntary health care services without
compensation in accordance with rules promulgated by the
secretary of health. The rules shall include requirements for
the types of locations at which the services are rendered, the
allowed scope of practice and measures to ensure quality of
care;

(17) an individual while participating in the
state's adaptive driving program and only while using a
special-use state vehicle for evaluation and training purposes
in that program;

(18) the staff and members of the board of
directors of the New Mexico health insurance exchange
established pursuant to the New Mexico Health Insurance
Exchange Act; and

(19) members of the insurance nominating
committee;

G. "scope of duty" means performing any duties that
a public employee is requested, required or authorized to
perform by the governmental entity, regardless of the time and
place of performance; and

H. "state" or "state agency" means the state of New
Mexico or any of its branches, agencies, departments, boards,
instrumentalities or institutions."

SECTION 10.
Section 41-13-2 NMSA 1978 (being Laws 1999,
Chapter 268, Section 3) is amended to read:

"41-13-2. DEFINITIONS.--As used in the Governmental
Immunity Act:

A. "employment" includes services provided by an
immune contractor;

B. "governmental entity" means the state or a local
public body;

C. "immune contractor" means a person that:

(1) is an independent contractor; [
and
]

(2) contracts with a governmental entity to
provide:

(a) care for children in the custody of
the [
human services department, corrections department or
department of health
]
state
, as a licensed foster parent,
excluding foster parents certified by a licensed child
placement agency; or

(b) services to the children, youth and
families department or the corrections department as a licensed
medical, psychological or dental arts practitioner;

(3) is a member of:

(a) a state or local selection panel
established pursuant to the Juvenile Community [
Corrections
]

Connections
Act;

(b) a state or local selection panel
established pursuant to the Adult Community Corrections Act;

(c) the board of directors of the New
Mexico [
comprehensive health
]
medical
insurance pool;

(d) a medical review board, a committee
or panel established by the educational retirement board or the
retirement board of the public employees retirement
association;

(e) the board of directors of the New
Mexico educational assistance foundation; or

(f) the board of directors of the New
Mexico student loan
guarantee
corporation; or

(4) is a volunteer, employee or board member
of a court-created special advocate program;

D. "local public body" means a political
subdivision of the state and its agencies, instrumentalities
and institutions and a water and natural gas association
organized pursuant to Chapter 3, Article 28 NMSA 1978;

E. "public employee" means a natural person that is
an officer or employee of a governmental entity; and

F. "state" means the state of New Mexico or any of
its branches, agencies, departments, boards, instrumentalities
or institutions."

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