DELINQUENCY ACT CHANGES

SB0165

SENATE BILL 165

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

INTRODUCED BY

Linda M. Trujillo
and
Crystal Brantley

AN ACT

RELATING TO DELINQUENCY; AMENDING THE DELINQUENCY ACT; DEFINING
NEW TERMS; CHANGING THE DEFINITIONS FOR "SERIOUS YOUTHFUL
OFFENDER" AND "YOUTHFUL OFFENDER"; PROVIDING THAT A CHILDREN'S
COURT ATTORNEY MAY REFER A CHILD BACK TO JUVENILE PROBATION
SERVICES IF A PETITION IS NOT FILED AGAINST THE CHILD;
CLARIFYING THE REQUIREMENTS FOR DETAINING A CHILD BEFORE
ADJUDICATION; REQUIRING VALIDATION OF AND REPORTING ON A
DETENTION RISK ASSESSMENT INSTRUMENT; EXTENDING THE STANDARD
TERMS OF COMMITMENT FOR DELINQUENT OFFENDERS; EXTENDING THE
STANDARD TERM OF COMMITMENT FOR YOUTHFUL OFFENDERS SUBJECT TO
JUVENILE SANCTIONS; AMENDING THE JUVENILE COMMUNITY CORRECTIONS
ACT; DEFINING NEW TERMS; PROVIDING THAT QUALIFIED GRANTEES MAY
PROVIDE SERVICES TO PERSONS OTHER THAN CHILDREN OR ADULTS
ADJUDICATED PURSUANT TO THE DELINQUENCY ACT; PROVIDING THAT
QUALIFIED GRANTEES SHALL PRIORITIZE SERVICES TO CHILDREN OR
ADULTS ADJUDICATED PURSUANT TO THE DELINQUENCY ACT; REQUIRING
THAT A GRANTEE'S PROGRAMS OR SERVICES SHALL BE RESEARCH-BASED
AND INCORPORATE BEST PRACTICES IN RISK REDUCTION; MAKING
TECHNICAL AND CONFORMING AMENDMENTS; REPEALING SECTION 32A-2-2
NMSA 1978 (BEING LAWS 1993, CHAPTER 77, SECTION 31, AS
AMENDED).

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. "child" includes a person eighteen years of age
or older who committed a delinquent act as a minor and is
subject to the provisions of the Delinquency Act;

[
A.
]
B.
"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
]
provided for by a
municipal traffic [
codes
]
code
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.
]
C.
"delinquent child" means a child who has
committed a delinquent act;

[
C.
]
D.
"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.
]
E.
"detention facility" means a place [
where a
child may be detained under
]
established pursuant to
the
Children's Code
where a child may be detained
pending
a
court
hearing [
and does not include a facility for the care and
rehabilitation of an adjudicated delinquent child
]
before
adjudication or where a child may be committed after
adjudication only for a period not to exceed fifteen days
within a three-hundred-sixty-five-day period
;

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

G. "juvenile corrections facility" means a place
established pursuant to the Children's Code where an
adjudicated child may be committed for care and rehabilitation
as part of the child's disposition;

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

[
G.
]
I.
"restitution" means financial reimbursement
by [
the
]
a
child to [
the
]
a
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 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.
]
J.
"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
]
indicted or charged
and bound over for trial for:

(1) murder in the first degree or murder in
the second degree as provided in Section 30-2-1 NMSA 1978; or

(2) shooting at a dwelling or occupied
building that results in great bodily harm to another person or
shooting at or from a motor vehicle that results in great
bodily harm to another person as provided in Section 30-3-8
NMSA 1978
;

[
I.
]
K.
"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
]
an adjudicated child from
a juvenile corrections facility who is subject to specified
conditions and monitoring by the department until the child's
term of commitment expires
; and

[
J.
]
L.
"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)
]
(a)
assault with intent to commit a
violent felony as provided in Section 30-3-3 NMSA 1978;

[
(c)
]
(b)
kidnapping as provided in
Section 30-4-1 NMSA 1978;

[
(d)
]
(c) felony
aggravated battery as
provided in [
Subsection C of
] Section 30-3-5 NMSA 1978;

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

[
(f)
]
(e)
aggravated battery upon a
peace officer
with a deadly weapon or in a manner whereby great
bodily harm or death can be inflicted
as provided in
[
Subsection C of
] Section 30-22-25 NMSA 1978;

[
(g)
]
(f)
shooting at a dwelling or
occupied building
that does not result in great bodily harm to
another person
or shooting at or from a motor vehicle
that does
not result in great bodily harm to another person
as provided
in Section 30-3-8 NMSA 1978;

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

[
(i)
]
(h)
criminal sexual penetration as
provided in Section 30-9-11 NMSA 1978;

[
(j)
]
(i)
robbery as provided in Section
30-16-2 NMSA 1978;

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

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

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

(m) voluntary manslaughter as provided
in Section 30-2-3 NMSA 1978; or

(n) attempt to commit any of the
offenses enumerated in this paragraph;

(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;
provided that
the felony
adjudications relied upon as prior adjudications shall not
[
have arisen out of
]
arise from
the same transaction or
occurrence or series of events related in time and location;

and provided further that
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
]
adjudicated for [
first degree
]:

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

or

(b) shooting at a dwelling or occupied
building that results in great bodily harm to another person or
shooting at or from a motor vehicle that results in great
bodily harm to another person as provided in Section 30-3-8
NMSA 1978
."

SECTION 2.
Section 32A-2-5 NMSA 1978 (being Laws 1993,
Chapter 77, Section 34, as amended) is amended to read:

"32A-2-5. JUVENILE PROBATION [
AND PAROLE
] SERVICES--[
ESTABLISHMENT
]
CREATED
--JUVENILE PROBATION [
AND PAROLE
]
OFFICERS--POWERS AND DUTIES.--

[
A. Juvenile probation and parole services shall be
provided by the department.

B. To carry out the objectives and provisions of
the Delinquency Act, but subject to its limitations, the
department has the power and duty to
]

A. "Juvenile probation services" is created as an
office in the juvenile justice division of the department and
shall
:

(1) receive and examine complaints and
allegations [
that a child is a delinquent child for the purpose
of considering beginning a proceeding pursuant to the
]
in
accordance with the
provisions of the Delinquency Act;

(2) make case referrals for
appropriate

services [
as appear appropriate or desirable
];

(3) [
make
]
conduct
predisposition studies and
assessments and submit reports and recommendations to the
court;

(4) supervise and assist a child placed on
probation or
supervision or on
supervised release [
or under
supervision by court order or by the department
]
from a term of
commitment
;

(5) give notice to any [
individual
]
person
who
[
has been
]
was
the subject of a [
petition filed
]
proceeding

pursuant to [
the provisions of
] the Delinquency Act of the
sealing of that [
individual's
]
person's
records in accordance
with that act;

(6) informally dispose of up to three
misdemeanor charges brought against a child within two years;

(7) give notice to the children's court
attorney of the receipt of any felony complaint and of any
recommended adjustment of such felony complaint;

(8) identify
whether a child in a delinquency
case is
an Indian child [
for the purpose of contacting the
]
and
contact an identified
Indian child's tribe [
in delinquency
cases
]; and

(9) upon receipt of a referral, contact an
Indian child's tribe to consult, [
and
] exchange information
[
for the purpose of collaborating on
]
and collaborate to
determine
appropriate referrals for services [
along with case
planning throughout the period of involvement with juvenile
justice services
]
or recommendations for the appropriate
disposition of the Indian child's delinquency case
.

[
C.
]
B. The director of the juvenile justice
division of the department shall hire and oversee juvenile
probation officers.
A juvenile probation [
and parole
] officer
does not have the powers of a law enforcement officer; [
A
juvenile probation and parole officer may take into physical
custody and place in detention, subject to application of a
detention risk assessment instrument, a child who is under
supervision as a delinquent child or as a youthful offender
when there is reasonable cause to believe that the child has
violated the conditions of the child's probation or that the
child may leave the jurisdiction of the court. Taking a child
into custody under this subsection is subject to and shall
proceed in accordance with the provisions of the Delinquency
Act relating to custody and detention procedures and criteria
]

provided that a juvenile probation officer may detain or take a
child into custody as provided in the Delinquency Act
."

SECTION 3.
Section 32A-2-7 NMSA 1978 (being Laws 1993,
Chapter 77, Section 36, as amended) is amended to read:

"32A-2-7.
COMPLAINTS--REFERRAL--PRELIMINARY INQUIRY--NOTICE--TIME WAIVER.--

A. [
Complaints
]
A complaint
alleging delinquency
shall be referred to
juvenile
probation services, which shall
conduct a preliminary inquiry to determine the best interests
of the child and of the public [
with regard to any action to be
taken
]
and to recommend an appropriate disposition for the
case
.

B. During the preliminary inquiry, [
on a
delinquency complaint, the matter may be referred
]
juvenile
probation services may refer the matter
to another appropriate
agency and conferences may be conducted for the purpose of
effecting adjustments or agreements that will obviate the
necessity for filing a petition. At the commencement of the
preliminary inquiry, [
the parties
]
a child and the child's
parent, guardian or custodian
shall be advised of [
their
]
the

basic rights [
pursuant to
]
provided for in
Section 32A-2-14
NMSA 1978 and [
no party may be compelled to appear at any
conference, to produce any papers or to visit any place
] the
child shall be [
informed
]
advised
of the child's right to
remain silent. The preliminary inquiry shall be completed
within the time limits set forth in the Children's Court Rules.

A child or a child's parent, guardian or custodian shall not be
compelled to attend any conference, produce any papers or visit
any place.

C. Prior to a preliminary inquiry [
being conducted
with
]
for
a child who is detained, the child's parent, guardian
or custodian or the child's attorney shall be given reasonable
notice by the juvenile probation [
and parole
] officer and an
opportunity to be present at the preliminary inquiry. If a
child is not detained, the preliminary inquiry shall be
conducted within thirty days of
juvenile probation services'

receipt of the referral [
from law enforcement
].
The thirty-day
time period may be extended [
upon a determination by
]
if
the
department
determines
that an extension is necessary to conduct
a thorough preliminary inquiry and that the extension is not
prejudicial to the best interests of the child.

D. [
When
]
If
a child is in detention or custody and
the children's court attorney does not file a petition within
the time limits [
authorized
]
provided for
by the Children's
Court Rules, the child shall be released immediately. If a
child is not detained and a determination is made to file a
petition, the petition shall be filed within sixty days of
completion of the preliminary inquiry, unless a motion is
granted to extend the time limit for good cause [
shown
].
If a
child is not in custody or detention, a petition shall not be
dismissed for failure to comply with the time limit set forth
in this subsection unless [
there is a showing of prejudice to
]
the child
is prejudiced by the failure
.

E. After completion of the preliminary inquiry on a
delinquency complaint involving a misdemeanor, probation
services may notify the children's court attorney and recommend
an appropriate disposition for the case. If the child has been
referred for three or more prior misdemeanors within two years
of the instant offense, probation services shall notify the
children's court attorney and recommend an appropriate
disposition for the case.

F.
Juvenile
probation services shall notify the
children's court attorney of the receipt of any complaint
involving an act that constitutes a felony [
under the
applicable criminal law. Probation services shall also
]
and

recommend [
a
]
an appropriate
disposition [
to the children's
court attorney
]
for the case
.

G.
If a petition is filed
, the child, through
counsel, and the children's court attorney may agree [
without
judicial approval, to a waiver of time limitations imposed
after a petition is filed
]
to a time waiver without court
approval
. A time waiver defers adjudication of the charges
[
The children's court attorney may place
]
and may include

restrictions on a child's behavior as a condition of [
a time
waiver
]
the deferral. The department shall be added as a party
to the petition if probation services are a condition of a time
waiver
. If the child [
completes the agreed upon
]
meets the

conditions
of a time waiver
and no new charges are filed
against the child, the pending petition shall be dismissed. If
the children's court attorney files a new petition against the
child, the children's court attorney may proceed on both the
original petition and the new charges. [
The department shall
become a party if probation services are requested as a
condition of the time waiver.
]

H. Upon reviewing a case after the preliminary
inquiry, if the children's court attorney decides not to file a
delinquency petition, the children's court attorney may refer
the child back to juvenile probation services and recommend an
appropriate disposition.
"

SECTION 4.
Section 32A-2-9 NMSA 1978 (being Laws 1993,
Chapter 77, Section 38) is amended to read:

"32A-2-9. TAKING INTO CUSTODY.--A child may be
detained
or
taken into custody:

A. pursuant to the order of the court issued
because a parent, guardian or custodian fails [
when requested
]
to bring the child before the court [
after having promised to
do so when the child was delivered upon release from custody
]

as required
;

B. pursuant to [
the laws of arrest for
]
an arrest
warrant or pursuant to a lawful exception to the warrant
requirement for the child's
commission of a delinquent act; or

C. by a juvenile probation [
and parole
] officer
[
proceeding pursuant to the provisions of Section 32-2-5 NMSA
1978
]
as authorized by the Delinquency Act
."

SECTION 5.
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 6.
Section 32A-2-12 NMSA 1978 (being Laws 1993,
Chapter 77, Section 41, as amended) is amended to read:

"32A-2-12.
PLACEMENT OR DETENTION.--

A.
Before adjudication
, a child alleged to be a
delinquent child may be placed or detained [
pending a court
hearing
] in any of the following places:

(1) a licensed foster home or a home otherwise
authorized [
under the
]
by
law to provide foster or group care;

(2) a facility operated by a licensed child
welfare services agency
or a tribal child welfare or social
services agency
;

(3) a shelter-care facility [
provided for
] in

compliance with
the Children's Shelter Care Act [
that is in
compliance with all standards, conditions and regulatory
requirements and that shall be considered a temporary placement
subject to judicial review within thirty days of placement
];

(4) a detention facility certified by the
department for children alleged to be delinquent children;

(5) any other suitable place [
other than a
facility for the long-term care and rehabilitation of
delinquent children to which children adjudicated as delinquent
may be confined pursuant to Section 32A-2-19 NMSA 1978,
designated
]
approved
by the court [
and
] that meets the
standards for detention facilities pursuant to the Children's
Code and federal law; or

(6) the child's home or place of residence,
under conditions and restrictions approved by the court.

B.
Before adjudication
, a child alleged to be a
youthful offender may be detained [
pending a court hearing
] in
any of the following places:

(1) a detention facility, licensed by the
department, for children alleged to be delinquent children; or

(2) any other suitable place [
other than a
facility for the long-term care and rehabilitation of
delinquent children to which children adjudicated as delinquent
children may be confined pursuant to Section 32A-2-19 NMSA
1978, designated
]
approved
by the court [
and
] that meets the
standards for detention facilities pursuant to the Children's
Code and federal law.

C. Before adjudication, a child alleged to be a
delinquent child or youthful offender shall not be detained at
a juvenile corrections facility.

[
C.
]
D.
A child
who is eighteen to twenty-five
years of age who was
adjudicated as a youthful offender who is
violent toward staff or other residents in a detention facility
may be transferred and detained, pending a court hearing, in a
county jail. In the event that a child is detained in a jail,
the director of the jail shall presume that the child is
vulnerable to victimization by inmates within the adult
population because of the child's age and shall take measures
to [
provide protection to
]
protect
the child; [
However,
provision of
]
provided that
protective measures shall not
result in diminishing a child's civil rights to less than those
existing for an incarcerated adult.

[
D.
]
E.
A child who has previously been
incarcerated as an adult or [
a person
]
who is
eighteen years of
age or older shall not be detained in a [
juvenile
] detention
facility or a
juvenile corrections
facility [
for the long-term
care and rehabilitation of delinquent children
] but may be
detained in a county jail. A child shall not be transferred to
a county jail solely on the basis of attaining the age of
eighteen while detained in a [
juvenile
] detention facility. In
the event that a child is detained in a jail, the director of
the jail shall presume that the child is vulnerable to
victimization by inmates within the adult population because of
the child's age, and shall take measures to [
provide protection
to
]
protect
the child; [
However, provision of
]
provided that

protective measures shall not result in diminishing a child's
civil rights to less than those existing for an incarcerated
adult.

[
E.
]
F. Before adjudication
, a child alleged to be
a serious youthful offender may be detained pending a court
hearing in any of the following places [
prior to arraignment in
metropolitan, magistrate or district court
]:

(1) a detention facility, licensed by the
department, for children alleged to be delinquent children;

(2) any other suitable place [
other than a
facility for the long-term care and rehabilitation of
delinquent children to which children adjudicated as delinquent
children may be confined pursuant to Section 32A-2-19 NMSA
1978, designated
]
approved
by the court that meets the
standards for detention facilities pursuant to the Children's
Code and federal law; or

(3) a county jail, if [
a facility
]
the places

in Paragraph (1) or (2) of this subsection [
is
]
are
not
appropriate; [
In the event
]
provided
that
if
a child is
detained in a jail, the director of the jail shall presume that
the child is vulnerable to victimization by inmates within the
adult population because of the child's age and shall take
measures to [
provide protection to
]
protect
the child;
[
However, provision of
]
and provided further that
protective
measures shall not result in diminishing a child's civil rights
to less than those existing for an incarcerated adult.

[
F.
]
G.
When a person who is eighteen years of age
or older is taken into custody and transported to an adult
facility on a juvenile warrant or an adult warrant or other
adult charges and an outstanding juvenile warrant exists,
notice shall be given to the children's court attorney and the
juvenile probation [
and parole
]
services
office in the
jurisdiction where the juvenile warrant was issued within one
day of the person being taken into custody. The juvenile
probation [
and parole
]
services
office shall give notice that
the person has been taken into custody to the children's court
judge and the attorney who represented the person in the
juvenile proceeding.

[
G. In addition to the judicial review required by
Paragraph (3) of Subsection A of this section
]

H.
A child detained in an out-of-home placement
pursuant to this section may request judicial review of the
appropriateness of the placement."

SECTION 7.
Section 32A-2-13 NMSA 1978 (being Laws 1993,
Chapter 77, Section 42, as amended) is amended to read:

"32A-2-13.
DETENTION HEARING REQUIRED ON DETAINED
CHILDREN--PROBABLE CAUSE DETERMINATION--COURT DETERMINATION--DISPOSITION.--

A. [
When
]
If
a child who has been taken into
custody
without a warrant
is [
not released but is
] detained,
[
(1)
] a judicial determination of probable cause shall be made
by a judge, [
or
] special master or magistrate within forty-eight hours, including Saturdays, Sundays and legal holidays
[
except for children taken into custody under an arrest warrant
pursuant to the Children's Court Rules
]. A statement
of the
charges
by a law enforcement officer [
which shall include the
charges
] may be the basis of a probable cause determination.
The probable cause determination [
shall be
]
is
nonadversarial

and
may be held in the absence of the child and counsel [
and
may be conducted by telephone
]. If the court [
finds no
]

determines that there is not
probable cause to believe the
child committed an offense, the child shall be released.

[
(2)
]
B. If the children's court attorney or the
department proposes detention of a child pending adjudication
,
a petition shall be filed within twenty-four hours from the
time the child is taken into custody
with or without a warrant
,
excluding Saturdays, Sundays and legal holidays [
and
]. If
a
petition is
not filed within the [
stated time
]
required twenty-four hours
, the child shall be released [
and
].

[
(3)
]
C.
A detention hearing shall be held within
twenty-four hours, excluding Saturdays, Sundays and legal
holidays, from the time [
of filing
] the petition [
to determine
whether continued detention is required pursuant to the
criteria established by the Children's Code
]
is filed
. At the
request of [
any
]
a
party, the court may permit a detention
hearing to be conducted by appropriate means of electronic
communication; provided that all hearings conducted by
electronic means shall be recorded and preserved as part of the
record, the child shall have legal representation present with
the child, no plea shall be allowed to be taken via electronic
communication and the court [
finds
]
shall first make findings
that
:

[
(a) that
]
(1)
undue hardship will result
from conducting the hearing with all parties, including the
child, present in the courtroom; and

[
(b) that
]
(2)
the hardship substantially
outweighs any prejudice or harm to the child that is likely to
result from the hearing being conducted by electronic means.

[
B.
]
D.
The [
judge
]
court
may appoint one or more
persons to serve as special master on a full- or part-time
basis for the purpose of holding detention hearings. A
juvenile probation [
and parole
] officer shall not be appointed
as a special master. The [
judge
]
court
shall approve all
contracts with special masters and shall fix their hourly
compensation, subject to the approval of the director of the
administrative office of the courts.

[
C.
]
E.
Notice of the detention hearing, either
oral or written, stating the time, place and purpose of the
hearing shall be given by the person designated by the court to
the
child and the
child's parents, guardian or custodian, if
[
they can be found, and to the child
]
practicable
. The
department shall be provided with reasonable oral or written
[
notification
]
notice
and an opportunity to be heard [
At any
hearing held pursuant to this subsection, the department may
appear
] as a party.

[
D.
]
F.
At the commencement of the detention
hearing, the judge or special master shall advise the parties
of their basic rights provided in the Children's Code and shall
appoint counsel
and
guardians [
and
]
or
custodians, if
appropriate.

[
E.
]
G.
If the judge or special master finds that
the child's detention is appropriate [
under the criteria
established by
]
in accordance with
the Children's Code, the
judge or special master shall order detention [
in an
appropriate facility in accordance with the Children's Code
]
at
an appropriate place pursuant to Section 32A-2-12 NMSA 1978
.

[
F.
]
H.
If the judge or special master finds that
detention of the child is not appropriate [
under the criteria
established by
]
in accordance with
the Children's Code, the
judge or special master shall order the release of the child.
[
but, in so doing, may order one or more of the following
conditions to meet the individual needs of the child
]
Upon
ordering the child's release, the judge or special master may
impose one or more of the following conditions on the child's
release
:

(1) place the child in the custody of a
parent, guardian or custodian or under the supervision of an
agency agreeing to supervise the child;

(2) [
place restrictions on
]
restrict
the
child's travel, association with other persons or place of
[
abode during the period of the child's release
]
residence
; or

(3) impose any other condition deemed
reasonably necessary and consistent with the [
criteria for
detaining children established by the
] Children's Code,
including a condition requiring that the child return to
custody as required.

[
G.
]
I.
An order releasing a child on any
conditions specified in this section may at any time be amended
to impose additional or different conditions of release or to
return the child to custody or detention for failure to conform
to the conditions originally imposed.

[
H.
]
J.
At the detention hearing, all relevant and
material evidence helpful in determining the need for detention
may be admitted by the judge or special master even though it
would not be admissible in a hearing on the petition.

[
I.
]
K.
If the child is not released at the
detention hearing and a parent, guardian or custodian was not
notified of the hearing and did not appear or waive appearance
at the detention hearing, the judge or special master shall
rehear the detention matter without unnecessary delay upon the
filing of an affidavit stating the facts and a motion for
rehearing.

[
J.
]
L.
If a child is not released at the detention
hearing, the child's detention may be subsequently reviewed by
the court or the court may review the child's detention in
conjunction with a pretrial conference.

[
K.
]
M.
If [
a
]
an adjudicated
child
who is detained

is not placed within ten days after a disposition hearing, the
child may be released [
and placed
] under appropriate
supervision
by the department
, so long as the child does not
pose a flight risk or substantial risk of harm to the child's
self or others."

SECTION 8.
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 YOUTHFUL OFFENDER--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.
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 juvenile corrections facility 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
]
B
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
.

[
C. When the
]
D. 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. 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. 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. 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.
]
H.
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 9.
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.--

A. If an adjudicated delinquent child is
transferred to the custody of the department for commitment,
the commitment shall be at a juvenile corrections facility
licensed by the department. 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 juvenile
corrections facility, 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 the child,
the department may consider any recommendations made 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
eighteen months; provided that no more than twelve months of
the commitment may be served at a juvenile corrections facility
and no more than one hundred eighty 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
thirty months; provided that no more than twenty-four months of
the commitment may be served at a juvenile corrections facility
and no more than one hundred eighty 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 adjudicated as a delinquent offender for an offense that
would have otherwise made the child a youthful offender begins
on the date of the dispositional judgment and ends on the date
the child reaches the age of twenty-one and is subject to
modification in accordance with Section 32A-2-23 NMSA 1978
.

E. The standard term of commitment for a child who
is adjudicated as a youthful offender with juvenile sanctions
begins on the date of the dispositional judgment and ends on
the date the child reaches the age of twenty-five and is
subject to modification in accordance with Section 32A-2-23
NMSA 1978
."

SECTION 10.
Section 32A-2-20 NMSA 1978 (being Laws 1993,
Chapter 77, Section 49, as amended) is amended to read:

"32A-2-20. DISPOSITION OF A YOUTHFUL OFFENDER--
ADULT
SENTENCE--AMENABILITY
.--

A. The court [
has the discretion to invoke either
]

may impose
an adult sentence or juvenile sanctions [
on a
]
as a
disposition for a
youthful offender.
If
the children's court
attorney
seeks an adult sentence for the child, the attorney

shall file a notice of intent [
to invoke an adult sentence
]
within ten working days [
of the filing of
]
from the date
the
petition
is filed
; provided that the court may extend the time
for filing of the notice of intent [
to invoke an adult
sentence
] for good cause [
shown, prior to the adjudicatory
hearing
]. A preliminary [
hearing
]
examination
by the court or
a hearing before a grand jury shall be held within ten days
[
after the filing of
]
from the date
the
notice of
intent [
to
invoke an adult sentence, to determine whether probable cause
exists to support the allegations contained in the petition
]
is
filed
.

B.
After the adjudication of a child as a youthful
offender
, if the children's court attorney [
has
] filed a notice
of intent to [
invoke
]
seek
an adult sentence [
and the child is
adjudicated as a youthful offender
]
in accordance with
Subsection A of this section
, the court shall make the
following findings in order to [
invoke
]
impose
an adult
sentence:

(1) the child is not amenable to treatment or
rehabilitation [
as a child
] in available facilities
for
children
; and

(2) the child is not eligible for commitment
to an institution for children with developmental disabilities
or mental disorders.

C. In making the findings [
set forth
]
required
in
Subsection B of this section, the [
judge
]
court
shall consider
the following factors:

(1) the seriousness of the alleged offense;

(2) whether the alleged offense was committed
in an aggressive, violent, premeditated or willful manner;

(3) whether a firearm was used to commit the
alleged offense;

(4) whether the alleged offense was against
persons or against property, greater weight being given to
offenses against persons, especially if personal injury
resulted;

(5) the maturity of the child as determined by
consideration of the child's home, environmental situation,
social and emotional health, pattern of living, brain
development, trauma history and disability;

(6) the record and previous history of the
child;

(7) the prospects for adequate protection of
the public and the likelihood of reasonable rehabilitation of
the child by the use of procedures, services and facilities
currently available; and

(8) any other relevant factor; provided that
factor is stated on the record.

D. If a child has previously been sentenced as an
adult pursuant to the provisions of this section, there shall
be a rebuttable presumption that the child is not amenable to
treatment or rehabilitation as a child in available facilities.

E. If the court [
invokes
]
imposes
an adult
sentence, the [
court may
] sentence [
the child to less than,
but
] shall not exceed the mandatory adult sentence;
provided
that a child given an adult sentence shall not be sentenced to
life imprisonment without the possibility of release or parole
.
A youthful offender given an adult sentence shall be treated as
an adult offender and shall be transferred to the legal custody
of an agency responsible for incarceration of persons sentenced
to adult sentences. This transfer terminates the jurisdiction
of the court over the child with respect to the delinquent acts
alleged in the petition. [
A child given an adult sentence
shall not be sentenced to life imprisonment without the
possibility of release or parole.
]

F. If [
a
] juvenile [
disposition is
]
sanctions are

appropriate, the court shall [
follow the provisions set forth
]

dispose of the case as provided
in Section 32A-2-19 NMSA 1978.
[
A youthful offender may be subject to extended commitment in
the care of the department until the age of twenty-one,
pursuant to the provisions of Section 32A-2-23 NMSA 1978.
]

G. A child fourteen years of age or older
who was

charged with first degree murder but [
not convicted of first
degree murder and found to have committed
]
was instead
adjudicated as
a youthful offender
for a different
offense [
as
set forth in Subsection J of Section 32A-2-3 NMSA 1978
] is
subject to the dispositions set forth in this section.

H. A child fourteen years of age or older
who was

charged with first degree murder but [
found to have committed a
delinquent act that is neither first degree murder nor a
youthful offender offense as set forth in Subsection J of
Section 32A-2-3 NMSA 1978, shall be
]
was instead
adjudicated as
a delinquent
offender is
subject to the dispositions set forth
in Section 32A-2-19 NMSA 1978."

SECTION 11.
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
the department
,
[
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 court is divested of
jurisdiction; provided that the court retains jurisdiction if

the transfer of legal custody is for a 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
standard
term of
commitment [
from the date entered
]
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
]

determines
that [
the purpose of the order has been achieved
before the expiration of the period of the judgment. A
]

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
standard
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
]
twenty-five
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
]
twenty-five
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 may [
make
]

file
a motion
to request a hearing
to modify [
a children's
court or adult
]
the child'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
]
on the request
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 12.
Section 32A-2-24 NMSA 1978 (being Laws 1993,
Chapter 77, Section 53, as amended) is amended to read:

"32A-2-24.
PROBATION REVOCATION--DISPOSITION.--

A. [
A
]
If an adjudicated
child on probation
[
incident to an adjudication as a delinquent child who
]
violates a [
term
]
condition
of the probation, [
may be proceeded
against in a probation revocation proceeding. A proceeding to
revoke probation shall be begun by filing in the original
proceeding a petition styled as a "petition to revoke
probation"
]
the children's court attorney may file a petition
to revoke the child's probation
. Petitions to revoke probation
shall be screened, reviewed and prepared in the same manner and
shall contain the same information as petitions alleging
delinquency. [
Procedures of the Delinquency Act regarding
taking into custody and detention shall apply.
] The petition
shall state the terms of probation alleged to have been
violated and the factual basis for [
these
]
the
allegations.

B. The standard of proof in probation revocation
proceedings shall be evidence beyond a reasonable doubt and the
hearings shall be before the court without a jury [
In all other
respects, proceedings to revoke probation shall be
]
and
otherwise
governed by the procedures, rights and duties
applicable to proceedings on a delinquency petition. If a
child is found to have violated a term of the child's
probation, the court may extend the period of probation or make
any other judgment or disposition that would have been
appropriate in the original disposition of the case.

C. If a juvenile probation officer has reasonable
cause to believe that a child on probation or subject to a
consent decree or court-ordered supervision has violated a
condition of the child's probation, consent decree or order or
is at risk of absconding from probation, the officer may take
the child into custody; provided that the child may be placed
in detention only in accordance with the provisions of Sections
32A-2-11 and 32A-2-12 NMSA 1978.
"

SECTION 13.
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 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 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
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 the child has absconded from supervised release shall toll
the supervised release period. After a hearing upon 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 14.
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. "delinquent" means a child adjudicated
delinquent pursuant to the Children's Code;

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

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

C. "justice-involved youth" means:

(1) children or adults who were adjudicated
pursuant to the Delinquency Act;

(2) children subject to a delinquency
complaint or delinquency petition for a delinquent act that
would be a felony if committed by an adult who have not yet
been or will not be adjudicated pursuant to the Delinquency
Act; or

(3) persons who are at least eighteen years
old but less than twenty-six years old;

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

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

SECTION 15.
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
]
is created in the state treasury. The fund consists of
distributions, appropriations, gifts, grants, donations and
income from investment of the fund.
The department [
All
balances
]
shall administer the fund. Money
in the fund [
are
]

is
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
]

Expenditures
from the fund shall be [
made only upon warrant
drawn
] by
warrant of
the secretary of finance and
administration pursuant to vouchers signed by the secretary of
children, youth and families
or the secretary's authorized
representative
.

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 to community-based
settings. No
]
justice-involved youth. A
grant shall
not
be
made to a private,
for-profit or commercial
organization [
that
is not a nonprofit organization
] without the approval of the
secretary. The department may also use money in the fund to

provide or directly
contract [
directly
] for [
or operate
juvenile community corrections programs
]
services for justice-involved youth
.

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 that provide
standards
]
promulgate rules
for
the
qualifications [
for grants
]

of grantees
, priorities for awarding of grants and [
other
]
standards [
regarding juvenile community corrections programs
deemed necessary
]
for eligible programs or services for
justice-involved youth; provided that, at minimum, eligible
programs or services shall be evidence- or research-based
. The
department shall review and approve or disapprove all
applications
for grants
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
]
on or before

December 15 [
providing information
]
of each year
on grant
awards [
program
]
made, the
effectiveness
of grantee programs
,
[
and
]
the department's
monitoring efforts and [
making
]
the
department's
recommendations, [
as necessary to carry out the
purpose of the fund
]
if applicable
.

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

SECTION 16.
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
]
individually or jointly. At minimum, an
applicant shall certify that
:

(1) the [
application is for
]
requested grant

funding
will be used for
a program [
with priority use being for
delinquents selected pursuant to the provisions of Section
33-9A-5 NMSA 1978
]
that prioritizes services to children or
adults who were adjudicated pursuant to the Delinquency Act
;

(2) the applicant [
certifies that it is
willing and able to
]
or the applicant's agents or contractors
will
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
]
applicant's
program or services for justice-involved youth is research-based and incorporates best practices in risk reduction for
justice-involved youth
;

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

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

[
(6)
]
B.
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
]

C.
The department may [
utilize
]
expend money from

the fund to place [
individuals
]
persons who are
eligible or
within twelve months of [
eligibility, for parole
]
being
eligible for supervised release
in community-based settings.
The department may [
in its discretion
] require participation
[
by a delinquent
] in a program
for justice-involved youth
as a
condition of supervised release
for children or adults
adjudicated pursuant to the Delinquency Act; provided that the
department may also require that the programs serving those
children or adults assist, if applicable, in making income
deductions for victim restitution, family support, room and
board, savings and weekly allowances or in facilitating
community service restitution
.

[
C.
]
D.
The department may utilize not more than
twenty-five percent of the fund to contract directly for
community corrections programs 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 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 Act. An applicant shall retain the authority to
accept or reject the placement of any delinquent in a program."

SECTION 17.
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
]

statewide
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
]
to determine eligibility for
programs created pursuant to the Juvenile Community Corrections
Act; provided that if a local panel is created pursuant to
Subsection D of this section, the local panel shall determine
eligibility for children or adults adjudicated in or
transferred to the local panel's community. The statewide
panel shall immediately identify a child or an adult
adjudicated pursuant to the Delinquency Act who is transferred
to the legal custody of the department for commitment to a
juvenile corrections facility and screen the child or adult for
eligibility pursuant to
the following criteria:

(1) the
child's or adult's adjudicated
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
or adult
is willing to enter
into a contract that establishes objectives that shall be
achieved before release from the program.

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
]
statewide
panel determines that a
child
or adult
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 panel shall refer the child or adult for
participation in a program and, if applicable, request a
modification to the child's or adult's disposition in
accordance with the Delinquency Act
. The [
determination
]

referral
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
]
statewide
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
]
identify and screen children and adults in the
local panel's community who are adjudicated pursuant to the
Delinquency Act and transferred to the legal custody of the
department for commitment to a juvenile corrections facility
.
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
]
persons
representing local programs
and private citizens."

SECTION 18.
Section 33-9A-6 NMSA 1978 (being Laws 1988,
Chapter 101, Section 44) is amended to read:

"33-9A-6. SENTENCING.--

A. In every case where [
the commitment to the
authority of a child adjudicated delinquent is contemplated by
a judge
]
an adjudicated child is subject to a potential
disposition that includes transfer of the child to custody of
the department for commitment to a facility for the care and
rehabilitation of adjudicated children
, 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
]
department
containing the recommendation of the
[
authority
]
department
regarding that placement and the judge
shall consider that report or evaluation prior to [
making that
commitment
]
ordering the disposition
. A juvenile probation
officer shall consult with the [
authority
]
department
prior to
making a recommendation pursuant to this subsection.

B. [
At a sentencing hearing, if a judge of a court
of competent jurisdiction
]
If a court
determines
that
placement

of an adjudicated child
in community corrections is
appropriate, [
he
]
the court
shall [
defer or suspend the
sentence and, as a condition of probation, require an
individual to serve a period of time
]
order participation
in a
community corrections program
as part of the disposition
."

SECTION 19.
REPEAL.--Section 32A-2-2 NMSA 1978 (being
Laws 1993, Chapter 77, Section 31, as amended) is repealed.

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