JUVENILE COMMUNITY CORRECTIONS CHANGES

SB0147

SENATE BILL 147

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

INTRODUCED BY

Antonio Maestas

AN ACT

RELATING TO JUVENILE COMMUNITY CORRECTIONS; AMENDING THE
JUVENILE COMMUNITY CORRECTIONS ACT; PROVIDING THAT MONEY IN THE
JUVENILE COMMUNITY CORRECTIONS GRANT FUND MAY BE USED TO
OPERATE PROGRAMS THAT PROVIDE SERVICES FOR ADJUDICATED
DELINQUENTS OR CHILDREN OR YOUTH; MAKING CONFORMING AMENDMENTS;
REPEALING SECTION 33-9A-5 NMSA 1978 (BEING LAWS 1988, CHAPTER
101, SECTION 43, AS AMENDED).

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

SECTION 1.
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 Act:

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

[
A.
]
B.
"delinquent" means a child adjudicated
delinquent pursuant to the Children's Code;

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

[
C.
]
D.
"fund" means the juvenile community
corrections 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 type; and

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

SECTION 2.
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 GRANT FUND
CREATED--PURPOSE--ADMINISTRATION--REPORT.--

A. There is created in the state treasury the
"juvenile community corrections 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 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
or children or youth referred for
services 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 also use money in the fund to contract
directly for or operate juvenile community corrections programs

that provide services for adjudicated delinquents 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
]
that provide
services for adjudicated delinquents or children or youth
referred for services by the department
. The department shall
review and approve or disapprove all applications submitted
pursuant to the Juvenile Community Corrections 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 3.
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
adjudicated
delinquents [
selected
pursuant to the provisions of Section 33-9A-5 NMSA 1978
]
or
children or youth to provide prevention, intervention and
diversion services
;

(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 between the delinquent 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 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. Notwithstanding the provisions of Subsection A
of this section, the department may utilize the fund to place
individuals eligible, or within twelve months of eligibility,
for [
parole
]
supervised release
in community-based settings.
The department may, in its discretion, require participation by
a delinquent in a program as a condition of supervised release.

C. 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 adjudicated delinquents 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 adjudicated
delinquents or children or youth referred for services 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. The department shall establish additional
guidelines for allocation of funds under the Juvenile Community
Corrections Act. An applicant shall retain the authority to
accept or reject the placement of [
any
]
an adjudicated

delinquent
or a child or youth
in a program."

SECTION 4.
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)
]
(6), (7), (9), (13) and (16)
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)
]
(15)
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 Act;

(7)
]
(6)
licensed medical, psychological or
dental arts practitioners providing services to the corrections
department pursuant to contract;

[
(8)
]
(7)
members of the board of directors of
the New Mexico medical insurance pool;

[
(9)
]
(8)
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)
]
(9)
licensed medical, psychological or
dental arts practitioners providing services to the children,
youth and families department pursuant to contract;

[
(11)
]
(10)
members of the board of directors
of the New Mexico educational assistance foundation;

[
(12)
]
(11)
members of the board of directors
of the New Mexico student loan guarantee corporation;

[
(13)
]
(12)
members of the New Mexico mortgage
finance authority;

[
(14)
]
(13)
volunteers, employees and board
members of court-appointed special advocate programs;

[
(15)
]
(14)
members of the board of directors
of the small business investment corporation;

[
(16)
]
(15)
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)
]
(16)
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)
]
(17)
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)
]
(18)
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 5.
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 Act;

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

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

[
(d)
]
(c)
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)
]
(d)
the board of directors of the
New Mexico educational assistance foundation; or

[
(f)
]
(e)
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."

SECTION 6.
REPEAL.--Section 33-9A-5 NMSA 1978 (being Laws
1988, Chapter 101, Section 43, as amended) is repealed.

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