HB 255 — RENAME "JUVENILE CORRECTIONS ACT"

"delinquent child" means a tchild mwho mhas 21committed C.a delinquent act;

"delinquentC. offender" means a delinquent child d r e 22 who is subject to juvenile sanctions only and who is not a c e s k 23 youthful offender or a serious youthful offender;

e"delinquent offender" means a ndelinquent bchild 24who D.is subject to juvenile sanctions only and who is not a youthful offender or a serious youthful offender;

"detentionD. facility" means a place where a child u [ may be detained under the Children's Code pending a court .231571.4 - 4 - HJC/HB 255 hearing and does not include a facility for the care and rehabilitation of an adjudicated delinquent child;

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

"restitution" means financial reimbursement by the child to the victim or community service imposed by the h court and is limited to easily ascertainable damages for injury g o to or loss of property, actual expenses incurred for medical, t hr g e psychiatric and psychological treatment for injury to a person i k h r i s and lost wages resulting from physical injury, which are a h , t, direct and proximate result of a delinquent act.

"Restitution" e u g e b l does not include reimbursement for damages for mental anguish, e e h n d d i pain and suffering or other intangible losses.

As used in this = = o h l ] b ,d i a º e subsection, "victim" means a person who is injured or suffers er i = r t 17e w d damage of any kind by an act that is the subject of a complaint wm la n o d 18m or: referral to law enforcement officers or juvenile probation = = 19 authorities.

Nothingb containede ind thiss definitionº limitso ort an l= i.231571.4AIC aMarch 20, 2025 (4:51pm) s k m e r- 205 replaces- thee provisionsa ofn Subsectionse d r e l u [ A andd BHJC/HB of255 Sectionor areferral tto mlaw menforcement 21officers 32A-2-27or NMSAjuvenile 1978;probation authorities.

dNothing rcontained ein 22this H.definition limits or replaces the provisions of Subsections A and B of Section 32A-2-27 NMSA 1978;

"seriousH. youthful offender" means an individual c e s k 23 fifteen to eighteen years of age who is charged with and e a n b 24 indicted or bound over for trial for first degree murder.

A u [ "serious youthful offender" ismeans notan aindividual delinquentfifteen childto aseighteen .231571.4years -of 5age -who HJC/HBis 255charged definedwith pursuantand toindicted theor provisionsbound ofover thisfor section;trial for first degree murder.

A "serious youthful offender" is not a delinquent child as defined pursuant to the provisions of this section;

A juvenile on supervised release is subject to monitoring by the department until the h term of commitment has expired and may be returned to custody g o for violating conditions of release;

and t hr g e i k J.

"youthful offender" means a delinquent child h r i s subject to adult or juvenile sanctions who is:

h , t, (1) fourteen to eighteen years of age at the e u g e b l e e h time of the offense and who is adjudicated for at least one of n d d i = = o h the following offenses:

l ] b ,d i a º e (a) second degree murder, as provided in er i = r t 17e w d Section 30-2-1 NMSA 1978;

wm la n o d 18m (b): assault with intent to commit a = = 19 violent felony, as provided in Section 30-3-3 NMSA 1978;

ab le id s º o t n = .231571.4AIC March 20, 2025 (4:51pm) s k m e - 6 - e a n e d r 20e (c)l kidnapping,u as[ providedA ind SectionHJC/HB 255 (b) assault with intent to commit a tviolent mfelony, mas 21provided 30-4-1in Section 30-3-3 NMSA 1978;

d(c) rkidnapping, e 22 (d) aggravated battery, as provided in c e s k 23 Subsection C of Section 30-3-530-4-1 NMSA 1978;

e(d) a n b 24 (e) aggravated batterybattery, against a u [ household member, as provided in Subsection C of Section .231571.430-3-5 - 6 - HJC/HB 255 30-3-16 NMSA 1978;

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

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

g o (i) criminal sexual penetration, as t hr g e provided in Section 30-9-11 NMSA 1978;

i k h r i s (j) robbery, as provided in Section h , t, 30-16-2 NMSA 1978;

e u g e b l (k) aggravated burglary, as provided in e e h n d d i Section 30-16-4 NMSA 1978;

= = o h l ] b ,d i a º e (l) aggravated arson, as provided in er i = r t 17e w d Section 30-17-6 NMSA 1978;

[or][or w] lm n d 18 (m) abuse of a childn thato resultsd inm =: = 19 great bodily harm or death to the child, as provided in Section a l i a e r 20 30-6-1 NMSA 1978;

orb ae d s º o t mn = .231571.4AIC March 20, 2025 (4:51pm) s k m 21e (n)- voluntary7 manslaughter,- ase provideda n e d r e 22l inu Subsection[ A d HJC/HB 255 (m) abuse of a child that results in great bodily harm or death to the child, as provided in Section 30-2-330-6-1 NMSA 1978;

cor e(n) svoluntary kmanslaughter, 23as (2)provided fourteenin toSubsection eighteenA years of ageSection at30-2-3 theNMSA e1978; a n b 24 time of the offense, who is adjudicated for any felony offense u [ and who has had three prior, separate felony adjudications .231571.4 - 7 - HJC/HB 255 within a three-year time period immediately preceding the instant offense.

(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.

or (3) fourteen years of age and who is adjudicated for first degree murder, as provided in Section h 30-2-1 NMSA 1978." g o SECTION 2.

Section 32A-2-19 NMSA 1978 (being Laws 1993, t hr g e i k Chapter 77, Section 48, as amended) is amended to read:

h r i s "32A-2-19.

DISPOSITION OF AN ADJUDICATED DELINQUENT h , t, OFFENDER.-- e u g e b l e e h A.

At the conclusion of the dispositional hearing, n d d i = = o h the court may make and include in the dispositional judgment l ] b ,d i a º e its findings on the following:

er ti 17= (1)r thet interactione andw interrelationshipd ofm wa l n do 18(1) the childinteraction with the child's parents and siblingsinterrelationship andof anyd otherm =: = 19 person who may significantly affect the child's best interests;

ab le id s º o t n = .231571.4AIC March 20, 2025 (4:51pm) s k m e - 8 - e a n e d r 20e (2)l theu child's[ adjustmentA tod HJC/HB 255 the child with the child's aparents tand msiblings mand 21any home,other schoolperson andwho community;may significantly affect the child's best interests;

d(2) r e 22 (3) the mentalchild's andadjustment physicalto health of all c e s k 23 individuals involved, including consideration of such factors e a n b 24 as the child's brainhome, development,school maturity, trauma history and ucommunity; [ disability;

.231571.4(3) -the 8mental -and HJC/HBphysical 255health (4)of theall wishesindividuals involved, including consideration of thesuch childfactors as to the child's custodian;brain development, maturity, trauma history and disability;

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

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

and g o (8) the ability of the parents to care for the t hr g e child in the home.

i k h r i s B.

If a child is found to be delinquent, the court h , t, may enter its judgment making any of the following dispositions e u g e b l for the supervision, care and rehabilitation of the child:

e e h n d d i (1) transfer legal custody to the department, = = o h l ] b ,d i a º e an agency responsible for the care and rehabilitation of er i = r t 17e w d delinquent children, which shall receive the child at a wm la n o d 18m facility: designated by the secretary of the department as a = = 19 juvenile reception facility.

Theb departmente shalld thereafters aº lo it n = .231571.4AIC March 20, 2025 (4:51pm) s k m e - 9 - e a n e d r 20e determinel theu appropriate[ placement,A supervisiond andHJC/HB a255 tfacility mdesignated mby 21the rehabilitationsecretary programof for the child.department as a juvenile reception facility.

The judgedepartment mayshall includethereafter ddetermine rthe eappropriate 22placement, recommendationssupervision forand placementrehabilitation ofprogram for the child.

CommitmentsThe arejudge cmay einclude srecommendations kfor 23placement subjectof tothe limitationschild. and modifications set forth in Section e a n b 24 32A-2-23 NMSA 1978.

Commitments are subject to limitations and modifications set forth in Section 32A-2-23 NMSA 1978.

u [ (a) a short-term commitment of [one .231571.4year] -SJCºup 9to»SJC - HJC/HB 255 year] fifteen months inSJCºin a facilityfacility»SJC for the care and rehabilitation of adjudicated delinquent children.

NoSJCºNo more thanthan»SJC SJCºUp to»SJC nine months shall be served at the facility and SJCº no less thanthan»SJC SJCºup to»SJC [ninety days] six months shall be served on supervised release, unless:

2) the commitment has been extended pursuant to Section 32A-2-23 NMSA h 1978;

or 3) supervised release is revoked pursuant to Section g o t hr 32A-2-25 NMSA 1978;

g e i k (b) a long-term commitment SJCº for no h r i s more thanthan»SJC SJCºof up to»SJC [two years] twenty-seven months inh , t, SJCºin a facilityfacility»SJC for the care and rehabilitation of e u g e b l e e h adjudicated delinquent children.

NoSJCºNo more thanthan»SJC SJCºUp n d d i = = o h to»SJC twenty-one months shall be served at the facility and l ] b ,d i a º e SJCº no less thanthan»SJC SJCºup to»SJC [ninety days] six months r i = r t e w d m a n o shall be served on supervised release, unless:

1) supervised released ism revoked: pursuant to Section 32A-2-25 NMSA 1978;

orb 2)e thed commitments isº eo t 17n extended= .231571.4AIC March 20, 2025 (4:51pm) s k m e - 10 - e a n e d r e l u [ A d HJC/HB 255 release is revoked pursuant to Section 32A-2-2332A-2-25 NMSA 1978;

wor l2) n d 18 (c) if the childcommitment is aextended delinquentpursuant =to = 19 offender who committed one of the criminal offenses set forth a l i a e r 20 in Subsection J of Section 32A-2-332A-2-23 NMSA 1978,1978; a commitment to a t m m 21 age twenty-one, unless sooner discharged;

or(c) dif rthe echild 22is (d)a ifdelinquent offender who committed one of the childcriminal isoffenses aset youthfulforth offender,in cSubsection eJ sof kSection 2332A-2-3 NMSA 1978, a commitment to age twenty-one, unless sooner discharged;

eor a(d) nif b 24 (2) place the child onis probationa underyouthful thoseoffender, ua [commitment conditionsto andage limitationstwenty-one, asunless thesooner courtdischarged; may prescribe;

.231571.4(2) - 10 - HJC/HB 255 (3) place the child inon aprobation localunder detentionthose facilityconditions thatand haslimitations beenas certified in accordance with the provisionscourt ofmay Sectionprescribe; 32A-2-4 NMSA 1978 for a period not to exceed fifteen days within a three hundred sixty-five day time period;

or(3) ifplace athe child isin founda tolocal bedetention delinquentfacility solelythat onhas thebeen basiscertified ofin Paragraphaccordance (3)with ofthe Subsectionprovisions A of Section 32A-2-332A-2-4 NMSA 1978,1978 thefor courta shallperiod onlynot enterto aexceed judgmentfifteen placingdays thewithin childa onthree probationhundred orsixty-five orderingday restitutiontime orperiod; both;

or (4) if a child is found to be delinquent solely on the basis of Paragraph (2), (3) or (4) of Subsection A of Section 32A-2-3 NMSA 1978,h theu court» mayr make1978, anythe dispositioncourt providedshall byonly this section and may enter itsa judgment placing the child ont probationh and,g ase aon conditionprobation ofor probation,ordering transferrestitution custodyor ofboth; the child to the department for a period not to exceed six months without further order of the court;

providedor thatl thisi transferh shallr not(4) if a child is found to be madedelinquent unlessi thes h , e h solely on the basis of Paragraph (2), (3) or (4) of Subsection t 17u courtg firste determinesb thatl A of Section 32A-2-3 NMSA 1978, the departmentcourt ismay ablemake toany providee we l, gh n d 18d ori contractdisposition forprovided adequateby this section and appropriatemay treatmententer forits thejudgment = = 19o childh andl that] b ,d i a º r placing the treatmentchild ison likelyprobation and, as a condition of e r = t e w d probation, transfer custody of the child to bethe beneficial.department for m a n o d m :

ab lr ie t º o t n = .231571.4AIC March 20, 2025 (4:51pm) s k m e - 11 - e a n e d r 20e C.l u [ A d HJC/HB 255 a period not to exceed six months without further order of the court;

Whenprovided thethat childthis istransfer anshall Indiannot child,be themade Indianunless athe tcourt mfirst mdetermines 21that child'sthe culturaldepartment needsis shallable beto consideredprovide inor thecontract dispositionalfor dadequate r e 22 judgment and reasonableappropriate accesstreatment tofor culturalthe practiceschild and cthat ethe streatment kis 23likely traditionalto treatment shall be provided.beneficial.

eC. a n b 24 D.

AWhen the child foundis toan beIndian delinquentchild, shallthe notIndian bechild's ucultural [needs committedshall orbe transferredconsidered toin athe penaldispositional institutionjudgment orand otherreasonable .231571.4access -to 11cultural -practices HJC/HBand 255traditional facilitytreatment usedshall forbe theprovided. execution of sentences of persons convicted of crimes.

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.

Whenever the court vests legal custody in an agency, institution or department, it shall transmit with the dispositional judgment copies of the clinical reports, h predisposition study and report and other information it has u » r pertinent to the care and treatment of the child.

t h g e F.

Prior to any child being placed in the custody l i h r i s of the department, the department shall be provided with h , e h reasonable oral or written notification and an opportunity to t u g e b l be heard.

e e , gh n d d i = = o h G.

In addition to any other disposition pursuant to l ] b ,d i a º r Subsection B of this section, the court may make an abuse or e r = t e w d neglect report for investigation and proceedings as provided form ina then Abuseo andd Neglectm Act.:

Theb reportr maye bet madeº too at localn law= enforcement.231571.4AIC agency,March the20, department2025 or(4:51pm) as tribalk lawm e t- 1712 enforcement- ore sociala servicen agencye ford anr Indiane childl wu l[ nA d 18HJC/HB residing255 for in Indianthe country.Abuse and Neglect Act.

=The =report 19may H.be made to a local law enforcement agency, the department or a tribal law enforcement or social service agency for an Indian child residing in Indian country.

InH. addition to any other disposition pursuant to a l i a e r 20 this section or any other penalty provided by law, if a child a t m m 21 who is fifteen years of age or older is adjudicated delinquent d r e 22 on the basis of Paragraph (2), (3) or (4) of Subsection A of c e s k 23 Section 32A-2-3 NMSA 1978, the child's driving privileges may e a n b 24 be denied or the child's driver's license may be revoked for a u [ period of ninety days.

ForIn aaddition secondto any other disposition pursuant to this section or any other penalty provided by law, if a subsequentchild .231571.4who -is 12fifteen -years HJC/HBof 255age adjudication,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 oneninety year.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.

Upon receipt of an order from the court adjudicating h u » r delinquency, the director of the motor vehicle division of the t h g e taxation and revenue department may revoke or deny the l i h r delinquent's driver's license or driving privileges.

Nothing i s h , e h in this section may prohibit the delinquent from applying for a t u g e b l limited driving privilege pursuant to Section 66-5-35 NMSA 1978 e e , gh n d d i or an ignition interlock license pursuant to the Ignition = = o h l ] b ,d i a º r Interlock Licensing Act, and nothing in this section precludes e r = t e w d the delinquent's participation in an appropriate educational, counselingm ora rehabilitationn program.o d m :

b r e t º o t n = .231571.4AIC March 20, 2025 (4:51pm) s k m e - 13 - e a n e d r e l u [ A d HJC/HB 255 counseling or rehabilitation program.

In addition to any other disposition pursuant to e t 17 this section or any other penalty provided by law, when a child w l n d 18 is adjudicated delinquent on the basis of Paragraph (6) of = = 19 Subsection A of Section 32A-2-3 NMSA 1978, the child shall a l i a e r 20 perform the mandatory community service set forth in Section a t m m 21 30-15-1.1 NMSA 1978.

When a child fails to completely perform d r e 22 the mandatory community service, the name and address of the c e s k 23 child's parent or legal guardian shall be published in a e a n b 24 newspaper of general circulation, accompanied by a notice that u [ the parent or legal guardian is the parent or legal guardian of .231571.4 - 13 - HJC/HB 255 a child adjudicated delinquent for committing graffiti." SECTION 3.

PAROLE REVOCATION--ABSCONDING FROM SUPERVISED RELEASE--PROCEDURES.-- h A.

A child on parole from an agency that has legal u » r custody who violates a term of parole may be proceeded against t h g e in a parole revocation proceeding conducted by the department l i h r i s or the supervising agency or by a hearing officer contracted by h , e h the department who is neutral to the child and the agency in t u g e b l accordance with procedures established by the department in e e , gh n d d i = = o h cooperation with the juvenile parole board.

A juvenile l ] b ,d i a º r probation and parole officer may detain a child on parole e r = t e w d status who is alleged to have violated a term or condition of parolem until the completion and review of a preliminaryn paroleo revocationd hearing.m :

Ab childr maye waivet theº righto tot an = .231571.4AIC March 20, 2025 (4:51pm) s k m e t- 1714 preliminary- parolee revocationa hearingn aftere consultationd withr we l nu [ A d 18HJC/HB 255 parole until the child'scompletion attorney,and parent,review guardianof ora custodian.preliminary parole revocation hearing.

=A =child 19may B.waive the right to a preliminary parole revocation hearing after consultation with the child's attorney, parent, guardian or custodian.

IfB. a retake warrant is issued by the department a l i a e r 20 upon the completion of the preliminary parole revocation a t m m 21 hearing, the juvenile institution to which the warrant is d r e 22 issued shall promptly transport the child to that institution c e s k 23 at the expense of the department.

If a childretake abscondswarrant from e a n b 24 parole supervision and is apprehendedissued inby anotherthe statedepartment afterupon u [ the issuancecompletion of athe retakepreliminary warrantparole byrevocation thehearing, department, the .231571.4 - 14 - HJC/HB 255 juvenile justiceinstitution divisionto ofwhich the departmentwarrant shallis causeissued theshall returnpromptly oftransport the child to thisthat stateinstitution at the expense of the department.

If a child absconds from parole supervision and is apprehended in another state after the issuance of a SJCº retake»SJC warrant by the SJCº department»SJC SJCºdistrict court»SJC , the juvenile justice division of the department shall cause the return of the child to this state at the expense of the department.

The issuance of a warrant upon an allegation that the child has absconded from supervised release shall toll h the supervised release period.

After a hearing upon return or g o quashing of the warrant, if the court finds the child knowingly t hr g e and willfully absconded from supervised release, the time from i k h r i s the date of the violation to the date of the child's arrest or h , t, quashing of the warrant shall not be counted as time served on e u g e b l supervised release and the tolled time shall be added to the e e h n d d i supervised release term." = = o h l ] b ,d i a º e SECTION 4.

Section 33-9A-1 NMSA 1978 (being Laws 1988, r i = r t e w d Chapter 101, Section 39, as amended) is amended to read:

"33-9A-1.m a n o d m :

SHORTb TITLE.--Chaptere 33,d Articles 9Aº NMSAo 1978t mayn be= cited.231571.4AIC asMarch the20, "Juvenile2025 Community(4:51pm) [Corrections]s k m e t- 1715 Connections- Act"."e wa n e d r e l nu [ A d 18HJC/HB SECTION255 5."33-9A-1.

SectionSHORT 33-9A-2TITLE.--Chapter NMSA33, 1978Article (being9A LawsNMSA 1988,1978 =may =be 19cited Chapteras 101,the Section"Juvenile 40,Community as[Corrections amended)] isConnections amendedAct"." toSECTION read:5.

aSection l33-9A-2 iNMSA a1978 e(being rLaws 201988, "33-9A-2.Chapter 101, Section 40, as amended) is amended to read:

DEFINITIONS.--As"33-9A-2. used in the Juvenile Community a t m m 21 [Corrections] Connections Act:

dDEFINITIONS.--As rused ein 22the A.Juvenile Community [Corrections ] Connections Act:

"child"A. means a person who is less than eighteen c e s k 23 years old;

e"child" means a nperson bwho 24is [A.]less B.than eighteen years old;

"delinquent[A.] child"B. means a child who has u [ been adjudicated for a delinquent act pursuant to the .231571.4 - 15 - HJC/HB 255 Children's Code;

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

[B.

] C.

[C.][C. D.

"fund"] meansD. the juvenile community [corrections] connections grant fund;

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

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

[and] E.]E. F.

"volunteer"secretary" services" means servicesthe providedsecretary byof individualsg oro organizationschildren, withoutyouth compensation,and reimbursementfamilies; or award of any type;

G.[and t hr g e i k E.] F.

"youth""volunteer services" means aservices personprovided whoh isr eighteeni yearss by individuals or olderorganizations butwithout lesscompensation, thanh twenty-six, yearst, old;reimbursement or award of any type;

ande H.u g e b l e e h G.

"youthful"youth" offender" means a youthfulperson offender as defined by Subsection J of Section 32A-2-3 NMSA 1978 who is subjecteighteen toyears juvenileor sanctionsn andd doesd noti include= a= delinquento childh subjectolder tobut adultless sanctions."than etwenty-six tyears 17old; SECTION 6.

Sectionand 33-9A-3 NMSA 1978 (being Laws 1988, w l n] db 18,d Chapteri 101,a Sectionº 41,e asH. amended) is amended to read:

="youthful offender" means a youthful offender as r i = 19r "33-9A-3.t e w d m a n o defined by Subsection J of Section 32A-2-3 NMSA 1978 who is d m :

JUVENILEb COMMUNITYe [CORRECTIONS]d CONNECTIONSs aº lo it n = .231571.4AIC March 20, 2025 (4:51pm) s k m e - 16 - e a n e d r 20e GRANTl FUNDu CREATED--PURPOSE--ADMINISTRATION--REPORT.--[ A d HJC/HB 255 subject to juvenile sanctions and does not include a tdelinquent mchild msubject 21to A.adult sanctions." SECTION 6.

ThereSection is33-9A-3 createdNMSA in1978 the(being stateLaws treasury1988, theChapter d101, rSection e41, 22as "juvenileamended) communityis [corrections]amended connections grant fund" to beread: c e s k 23 administered by the department.

All"33-9A-3. balances in the fund are e a n b 24 appropriated to the department to carry out the purposes of the u [ fund, and no money shall be transferred to another fund or be .231571.4 - 16 - HJC/HB 255 encumbered or disbursed in any manner except as provided in the Juvenile Community [Corrections] Connections Act.

DisbursementsJUVENILE fromCOMMUNITY the[CORRECTIONS] fundCONNECTIONS shallGRANT beFUND madeCREATED--PURPOSE--ADMINISTRATION--REPORT.-- onlyA. upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of children, youth and families.

B.There is created in the state treasury the "juvenile community [corrections ] connections grant fund" to be administered by the department.

MoneyAll balances in the fund shallare beappropriated usedto by the department to makecarry grantsout tothe counties,purposes municipalitiesof orthe privatefund, organizations, individually or jointly, to provide community [corrections] programs and servicesno formoney theshall diversionbe oftransferred [adjudicatedto delinquents]another delinquentfund children or youthfulbe offendersencumbered subjector todisbursed juvenilein sanctionsany ormanner childrenexcept oras youthprovided referredin by the departmentJuvenile toCommunity community-based[Corrections settings.] Connections Act.

NoDisbursements grantfrom the fund shall be made toonly aupon privatewarrant organizationdrawn thatby isthe notsecretary aof nonprofitfinance organizationand withoutadministration pursuant to vouchers signed by the approvalsecretary of thechildren, secretary.youth and h families.

Theg departmento [may]B. shall also use money in the fund to e t 17 contract directly for or operate [juvenile community w l n d 18 corrections] programs that provide services for delinquent = = 19 children or youthful offenders subject to juvenile sanctions or a l i a e r 20 children or youth referred by the department.

aMoney in the fund shall be used by the t mhr mg 21e C.department to make grants to counties, municipalities or i k h r i s private organizations, individually or jointly, to provide h , t, community [corrections ] programs and services for the diversion e u g e b l of [adjudicated delinquents ] delinquent children or youthful e e h n d d i offenders subject to juvenile sanctions or children or youth = = o h l ] b ,d i a º e referred by the department to community-based settings.

No morer thani [ten]= twelver percentt ofe thew money d rgrant e 22 in the fund shall be usedmade byto thea departmentprivate fororganization administrationthat cis enot sa km 23a andn programo monitoringd bym the: department.

Nob moree thand [ten]s eº ao t n b= 24.231571.4AIC twelveMarch percent20, of2025 any(4:51pm) grants fromk them funde shall- be17 used- fore a n e d r e l u [ administrativeA costsd incurredHJC/HB by255 nonprofit organization without the grantee.approval of the secretary.

.231571.4The -department 17[may -] HJC/HBshall 255also D.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 by the department.

AfterC. 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 delinquent children or youthful offenders subject to juvenile sanctions or children or youth referred by the department.

TheNo departmentmore shallthan review[ten] andtwelve approvepercent orof disapprovethe allmoney applicationsin submittedthe pursuantfund toshall thebe Juvenileused Communityby [Corrections]the Connectionsdepartment Act for aadministration grantand ofprogram fundsmonitoring fromby the fund.department.

E.No more than [ten ] twelve percent of any grant from the fund shall be used for administrative costs incurred by the grantee.

TheD. 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.

eAfter 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 h services for delinquent children or youthful offenders subject g o to juvenile sanctions or children or youth referred by the t 17hr F.g e i k department.

The department mayshall acceptreview donations,and payments,approve wor lh nr di 18s contributions,disapprove giftsall orapplications grantssubmitted frompursuant whateverto sourcethe forJuvenile theh =, =t, 19Community benefit[Corrections of] theConnections fund."Act for a lgrant iof afunds e ru 20g SECTIONe 7.b l e e h from the fund.

Sectionn 33-9A-4d NMSAd 1978i (being= Laws= 1988,o ah tE. m m 21 Chapter 101, Section 42, as amended) is amended to read:

dThe department shall submit an annual report to l ] b ,d i a º e the governor and legislature not later than December 15 r i = r t e 22w "33-9A-4.d providing information on grant awards, program effectiveness m a n o d m :

APPLICATIONS--CRITERIA.--b c e d s º o t n = .231571.4AIC March 20, 2025 (4:51pm) s k 23m A.e - 18 - e a n e d r e l u [ A d HJC/HB 255 and monitoring efforts and making recommendations as necessary to carry out the purpose of the fund.

Counties,F. municipalities or private e a n b 24 organizations, individually or jointly, may apply for grants u [ from the fund, including grants for counties or municipalities .231571.4 - 18 - HJC/HB 255 to purchase contractual services from private organizations;

The department may accept donations, payments, contributions, gifts or grants from whatever source for the benefit of the fund." SECTION 7.

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;

(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 h prevention, intervention or diversion services to delinquent g o children or youthful offenders subject to juvenile sanctions or t hr g e children or youth referred by the department;

i k h r i s (2) the applicant certifies that [it] the h , t, applicant is willing and able to operate the program according e u g e b l to standards provided by the department, which may include the e e h n d d i negotiation of a [contract][contract ] program agreement or service = = o h l ] b ,d i a º e agreement between the [delinquent] child or youth and program r i = r t e w d staff with provisions such as deductions from employment income form applicablea victimn restitution,o familyd support,m room: and board, savings and weekly allowance.

Inb addition to monetary e td 17s restitution,º too thet extentn practical,= or.231571.4AIC ifMarch monetary20, w2025 l(4:51pm) ns dk 18m restitutione is- not19 applicable,- thee [contract]a programn agreemente =d =r 19e orl serviceu agreement[ mayA included provisionHJC/HB 255 for communityapplicable avictim lrestitution, ifamily asupport, eroom rand 20board, servicesavings restitutionand forweekly aallowance. specific number of hours;

aIn taddition mto mmonetary 21restitution, (3)to the applicantextent demonstratespractical, theor supportif ofmonetary drestitution ris enot 22applicable, keythe components[contract of] [theprogram criminalagreement justiceor system]service prevention,agreement cmay einclude sprovision kfor 23community interventionservice andrestitution diversion;for a specific number of hours;

e(3) a n b 24 (4) the applicant,applicant if a private organization, u [ demonstrates the support of thekey countycomponents andof municipality[the wherecriminal .231571.4justice -system 19] -prevention, HJC/HBintervention 255and thediversion; program will provide services;

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

and (6) no class A county alone or in conjunction h with any municipality within a class A county shall receive g o more than forty-nine percent of any money appropriated to the t hr g e i k fund.

h r i s SJCº B.

Applications for funding shall be given h , t, priority based upon subject matter, as follows:»SJC e u g e b l e e h SJCº B.

Grants from the fund shall be awarded as n d d i = = o h follows:»SJC l ] b ,d i a º e (1) SJCºapplications for funding»SJC programs r i = r t e w d m a n o focused on decreasing violence, gun violence, alcohol and d m :

b e d s º o t n = .231571.4AIC March 20, 2025 (4:51pm) s k m e - 20 - e a n e d r e l u [ A d HJC/HB 255 substance abuse, gang activity, criminal mentality, trauma, anger management and improving mental health SJCºshall be given first priority»SJC ;

(2) SJCºapplications for funding»SJC programs focused on education, literacy, financial literacy, job training, apprenticeships, food justice and housing SJCºshall be given second priority»SJC ;

and (3) SJCºapplications for funding»SJC programs focused on arts, performing arts, sports, music, debate and leadership SJCºshall be given third priority.»SJC SJCº.»SJC [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 h to determine what available services are most likely to support g o the individual while on supervised release and may, in its t hr g e discretion, require participation [by a delinquent ] in a i k h r i s program as a condition of supervised release.

h , t, [C.] D.

The department may utilize not more than e u g e b l twenty-five percent of the fund [to contract directly for e e h n d d i = = o h community corrections programs] for a program agreement or l ] b ,d i a º e service agreement that provides services for delinquent r i = r t e w d children or youthful offenders subject to juvenile sanctions or m a n o d m :

b e d s º o t n = .231571.4AIC March 20, 2025 (4:51pm) s k m e - 21 - e a n e d r e l u [ A d HJC/HB 255 children or youth referred 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 shall retain the authority to accept or reject the placement of [any delinquent ] a child or youth in a program." h SECTION 8.

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

t hr g e i k "33-9A-5.

SELECTION PANELS.-- h r i s A.

[The department shall establish a state panel ] A h , t, county, municipality or private organization, individually or e u g e b l e e h jointly, may establish a local panel whose duties shall be to n d d i = = o h immediately screen and identify delinquents sentenced to a l ] b ,d i a º e juvenile [correctional ] facility of the department and r i = r t e w d m a n o transferred to the legal custody of the department.

[except d m :

b e d s º o t n = .231571.4AIC March 20, 2025 (4:51pm) s k m e - 22 - e a n e d r e l u [ A d HJC/HB 255 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 h u » r local programs and private citizens.

t h g e B.

The department may establish criteria [in l i h r addition to those established in Subsection A of this section] i s h , e h for the screening of delinquents who would benefit from t u g e b l participation in a program and who would not pose a threat to e e , gh n d d i the community.

= = o h l ] b ,d i a º r C.

If the [state ] local panel determines that a e r = t e w d child is suitable for placement in a program, a recommendation m a n o d m :

b r e t º o t n = .231571.4AIC March 20, 2025 (4:51pm) s k m e - 23 - e a n e d r e l u [ A d HJC/HB 255 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 h defender department, the children, youth and families u » r department, the county sheriff or the municipal police t h g e department, individuals representing local programs and private l i h r i s citizens.]" h , e h SECTION 9.

Section 33-9A-6 NMSA 1978 (being Laws 1988, t u g e b l Chapter 101, Section 44) is amended to read:

e e , gh n d d i = = o h "33-9A-6.

SENTENCING--SERVICES AND PROGRAMS.-- l ] b ,d i a º r A.

In every case where the commitment to the e r = t e w d authority of a child adjudicated delinquent is contemplated by m a n o d m :

b r e t º o t n = .231571.4AIC March 20, 2025 (4:51pm) s k m e - 24 - e a n e d r e l u [ A d HJC/HB 255 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.

ApplicationsAt fora fundingsentencing shallhearing, beif givena priorityjudge basedof upona subjectcourt matter,of competent jurisdiction determines placement in community corrections is appropriate, [he ] the judge shall defer or suspend the sentence and, as follows:a condition of probation, require [an individual ] the child to serve a period of time in a community corrections program.

(1)The applicationsjudge forshall fundingconsider programswhether focusedthe onavailable decreasingservices violence, gun violence, alcohol and substanceprogram abuse,participation gangwill activity,h criminalsupport mentality,the trauma,child angerduring managementprobation. and improving mental health shall be given first priority;

(2)After applicationsconsidering forthe fundingg programso focusedtotality eof the circumstances, the judge may order services or t 17hr ong education,e literacy,program financialparticipation literacy,as joba training,condition wof lprobation nif dsuch 18an apprenticeships,i foodk justiceh r i s order is likely to reduce recidivism, support the mental health h , t, of the child or encourage education, job training and housingfinancial shalle beu giveng seconde =b =l 19literacy." priority;e e h n d d i SECTION 10.

andSection a41-4-3 lNMSA i1978 a(being eLaws r1976, 20= (3)= applicationso forh fundingl programs] focusedb a,d ti ma mº 21e onChapter arts,58, performingSection arts,3, sports,as music,amended) debateis andamended leadershipto dread: r e 22 shall be given third priority.

cr ei s= kr 23t [B.]e C.w d "41-4-3.

Notwithstanding the provisions of e a n b 24 Subsection A of this section, the department [may] shall u [ utilize the fund to place individuals eligible, or within .231571.4 - 20 - HJC/HB 255 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 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 e t 17 that provide services for delinquent children or youthful w l n d 18 offenders subject to juvenile sanctions or children or youth = = 19 referred by the department if, after a reasonable effort to a l i a e r 20 solicit proposals, there are no satisfactory proposals from a a t m m 21 community where it is determined that a program is necessary or d r e 22 if it becomes necessary to cancel a program as provided in the c e s k 23 contract.

e a n b 24 [D.] E.

The department shall establish additional u [ guidelines for allocation of funds under the Juvenile Community .231571.4 - 21 - HJC/HB 255 [Corrections] Connections Act.

An applicant shall retain the authority to accept or reject the placement of [any delinquent] a child or youth in a program." SECTION 8.

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:

e t 17 (1) the offense involved is one for which w l n d 18 community service or reasonable restitution may be made using a = = 19 payment schedule compatible with the total amount of a l i a e r 20 restitution to be paid and the time the offender is to a t m m 21 participate in a program;

and d r e 22 (2) the child is willing to enter into a c e s k 23 contract that establishes objectives that shall be achieved e a n b 24 before release from the program] The composition of a local u [ panel shall include representatives from the judiciary, the .231571.4 - 22 - HJC/HB 255 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 e t 17 shall be presented to the county, municipality or private w l n d 18 nonprofit organization, as applicable, for approval or = = 19 rejection.

a l i a e r 20 [D.

A county, municipality or private nonprofit a t m m 21 organization, individually or jointly, may establish a local d r e 22 panel to exercise the duties and responsibilities of the state c e s k 23 panel pursuant to the provisions of Subsection A of this e a n b 24 section and, using the same criteria as the state panel, the u [ local panel may screen and identify delinquents.

The .231571.4 - 23 - HJC/HB 255 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 9.

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 e t 17 recommendation of the authority regarding that placement and w l n d 18 the judge shall consider that report or evaluation prior to = = 19 making that commitment.

A juvenile probation officer shall a l i a e r 20 consult with the authority prior to making a recommendation a t m m 21 pursuant to this subsection.

d r e 22 B.

At a sentencing hearing, if a judge of a court c e s k 23 of competent jurisdiction determines placement in community e a n b 24 corrections is appropriate, [he] the judge shall defer or u [ suspend the sentence and, as a condition of probation, require .231571.4 - 24 - HJC/HB 255 [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 10.

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

"41-4-3.

A.m a n o d m :

b e d s º o t n = .231571.4AIC March 20, 2025 (4:51pm) s k m e - 25 - e a n e d r e l u [ A d HJC/HB 255 A.

"governmental entity" means the state or any local public body as defined in Subsections C and H of this e t 17 section;

w l n d 18 C.

"local public body" means all political = = 19 subdivisions of the state and their agencies, instrumentalities a l i a e r 20 and institutions and all water and natural gas associations a t m m 21 organized pursuant to Chapter 3, Article 28 NMSA 1978;

d r e 22 D.

"law enforcement officer" means a full-time c e s k 23 salaried public employee of a governmental entity, or a e a n b 24 certified part-time salaried police officer employed by a u [ governmental entity, whose principal duties under law are to .231571.4 - 25 - HJC/HB 255 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 h governor;

g o E.

t hr g e i k (1) conduct involved in the issuance of a h r i s permit, driver's license or other official authorization to use h , t, the roads or highways of the state in a particular manner;

or e u g e b l e e h (2) an activity or event relating to a public n d d i = = o h building or public housing project that was not foreseeable;

l ] b ,d i a º e F.

"public employee" means an officer, employee or servantr ofi a= governmentalr entity,t excludinge independentw contractorsd exceptservant for individuals defined in Paragraphs (7), (8), (10), (14) and (17) of this subsection, or of a corporationgovernmental organizedentity, pursuantexcluding toindependent them Educational Assistance Act, the Small Business Investment Act or the Mortgage Finance e t 17 Authority Act or a licensed health care provider, who has no w l n o d 18m medical: liability insurance, providing voluntary services as = = 19 defined in Paragraph (16) of this subsection and including:

ab le id s º o t n = .231571.4AIC March 20, 2025 (4:51pm) s k m e - 26 - e a n e d r 20e (1)l electedu [ A d HJC/HB 255 contractors except for individuals defined in Paragraphs (7), (8), (10), (14) and (17) of this subsection, or appointedof officials;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:

a(1) telected mor mappointed 21officials; (2) law enforcement officers;

d(2) rlaw eenforcement 22officers; (3) persons acting on behalf or in service of c e s k 23 a governmental entity in any official capacity, whether with or e a n b 24 without compensation;

u(3) [persons (4)acting licensedon fosterbehalf parentsor providingin careservice forof .231571.4a -governmental 26entity - HJC/HB 255 children in theany custodyofficial ofcapacity, thewhether [humanwith services department, corrections department or departmentwithout ofcompensation; health] state, but not including foster parents certified by a licensed child placement agency;

(5)(4) memberslicensed foster parents providing care for children in the custody of statethe [human services department, corrections department or localdepartment selectionof panelshealth] establishedstate, pursuantbut tonot theincluding Adultfoster Communityparents Correctionscertified Act;by a licensed child h placement agency;

(6)g o (5) members of state or local selection panels t hr g e established pursuant to the JuvenileAdult Community [Corrections]Corrections Connections Act;

(7)i licensedk medical,h psychologicalr i s (6) members of state or dentallocal artsselection practitionerspanels providingh services, t, established pursuant to the correctionsJuvenile departmentCommunity pursuant[Corrections to] contract;e u g e b l Connections Act;

(8)e memberse ofh then boardd ofd directorsi of(7) licensed medical, psychological or dental = = o h l ] b ,d i a º e arts practitioners providing services to the Newcorrections Mexicor medicali insurance= pool;r t e w d department pursuant to contract;

(9)m individualsa who are members of medical review boards, committees or panels established by the e t 17 educational retirement board or the retirement board of the w l n o d 18m public: employees retirement association;

=b e d s º o t n = 19.231571.4AIC (10)March licensed20, medical,2025 psychological(4:51pm) ors dentalk am le i- 27 - e a n e d r 20e artsl practitionersu providing[ servicesA tod theHJC/HB children,255 youth(8) amembers tof mthe mboard 21of anddirectors familiesof departmentthe pursuantNew toMexico contract;medical insurance pool;

d(9) rindividuals ewho 22are (11) members of themedical boardreview ofboards, directorscommittees ofor panels established by the ceducational eretirement sboard kor 23the Newretirement Mexicoboard educationalof assistancethe foundation;public employees retirement association;

e(10) alicensed nmedical, bpsychological 24or (12)dental membersarts ofpractitioners theproviding boardservices ofto directors of the uchildren, [youth Newand Mexicofamilies studentdepartment loanpursuant guaranteeto corporation;contract;

.231571.4(11) -members 27of -the HJC/HBboard 255of (13)directors members of the New Mexico mortgageeducational financeassistance authority;foundation;

(14)(12) volunteers,members employeesof andthe board membersof directors of court-appointedthe specialNew advocateMexico programs;student loan guarantee corporation;

(15)(13) members of the boardNew ofMexico directorsmortgage offinance theauthority; small business investment corporation;

(16)(14) healthvolunteers, careemployees providersand licensedboard inmembers Newh Mexicoof whocourt-appointed renderspecial voluntaryadvocate healthprograms; care services without compensation in accordance with rules promulgated by the secretary of health.

Theg ruleso shall(15) includemembers requirementsof for the typesboard of locationsdirectors atof which the servicest arehr rendered,g thee allowedi scopek ofsmall practicebusiness andinvestment measurescorporation; to ensure quality of care;

(17)h anr individuali whiles participating(16) health care providers licensed in theNew state'sh adaptive, drivingt, programMexico andwho onlyrender whilevoluntary usinghealth acare special-useservices statewithout vehiclee foru evaluationg ande trainingb purposesl e te 17h compensation in thataccordance program;with rules promulgated by the n d d i = = o h secretary of health.

wThe lrules nshall dinclude 18requirements (18)for thel staff] andb members,d ofi thea boardº ofe =the =types 19of directorslocations ofat which the Newservices Mexicoare healthrendered, insurancethe exchanger ai l= ir at e rw 20d establishedallowed pursuantscope toof thepractice Newand Mexicomeasures Healthto Insuranceensure aquality tof m ma 21n Exchangeo Act;d m :

andb e d rs eº 22o (19)t membersn of= the.231571.4AIC insuranceMarch nominating20, c2025 e(4:51pm) s k 23m committee;e - 28 - e a n e d r e l u [ A d HJC/HB 255 care;

e(17) an individual while participating in the state's adaptive driving program and only while using a nspecial-use bstate 24vehicle G.for evaluation and training purposes in that program;

"scope(18) ofthe duty"staff meansand performingmembers anyof dutiesthe thatboard uof [directors aof publicthe employeeNew isMexico requested,health requiredinsurance orexchange authorizedestablished pursuant to .231571.4 - 28 - HJC/HB 255 perform by the governmentalNew entity,Mexico regardlessHealth ofInsurance theExchange timeAct; and place of performance;

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;

"state" or "state agency" means the state of New h Mexico or any of its branches, agencies, departments, boards, g o instrumentalities or institutions." t hr g e SECTION 11.

Section 41-13-2 NMSA 1978 (being Laws 1999, i k h r i s Chapter 268, Section 3) is amended to read:

h , t, "41-13-2.

DEFINITIONS.--As used in the Governmental e u g e b l Immunity Act:

e e h n d d i A.

"employment" includes services provided by an = = o h l ] b ,d i a º e immune contractor;

r i = r t e w d B.

"governmental entity" means the state or a local publicm body;a n o d m :

b e d s º o t n = .231571.4AIC March 20, 2025 (4:51pm) s k m e - 29 - e a n e d r e l u [ A d HJC/HB 255 public body;

[and][and ] (2) contracts with a governmental entity to e t 17 provide:

w l n d 18 (a) care for children in the custody of = = 19 the [human services department, corrections department or a l i a e r 20 department of health] state, as a licensed foster parent, a t m m 21 excluding foster parents certified by a licensed child d r e 22 placement agency;

or c e s k 23 (b) services to the children, youth and e a n b 24 families department or the corrections department as a licensed u [ medical, psychological or dental arts practitioner;

.231571.4 - 29 - HJC/HB 255 (3) is a member of:

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

g o (b) a state or local selection panel t hr g e i k established pursuant to the Adult Community Corrections Act;

h r i s (c) the board of directors of the New h , t, Mexico [comprehensive health]health ] medical insurance pool;

e u g e b l e e h (d) a medical review board, a committee n d d i = = o h or panel established by the educational retirement board or the l ] b ,d i a º e retirement board of the public employees retirement r i = r t e w d association;

(e)m thea boardn ofo directorsd ofm the: New Mexico educational assistance foundation;

b e d s º o t n = .231571.4AIC March 20, 2025 (4:51pm) s k m e - 30 - e a n e d r e l u [ A d HJC/HB 255 (e) the board of directors of the New Mexico educational assistance foundation;

or e t 17 (4) is a volunteer, employee or board member w l n d 18 of a court-created special advocate program;

= = 19 D.

"local public body" means a political a l i a e r 20 subdivision of the state and its agencies, instrumentalities a t m m 21 and institutions and a water and natural gas association d r e 22 organized pursuant to Chapter 3, Article 28 NMSA 1978;

c e s k 23 E.

"public employee" means a natural person that is e a n b 24 an officer or employee of a governmental entity;

and u [ F.

"state" means the state of New Mexico or any of .231571.4 - 30 - HJC/HB 255 its branches, agencies, departments, boards, instrumentalities or institutions." SECTIONSJCºSECTION 12.

TEMPORARY PROVISION--PILOT--MONETARY h STIPEND PROJECT--ELIGIBILITY--PROGRAM TERMS--REPORTING AND g o EVALUATION.-- t hr g e A.

The "monetary stipend project" is created as a i k h r i s three-year pilot project that provides monthly assistance h , t, payments to eligible adults and measures the effect of monetary e u g e b l stipends on socioeconomic outcomes.

The purpose of the e e h n d d i = = o h monetary stipend project is to demonstrate that a monetary l ] b ,d i a º e stipend for basic cost-of-living expenses improves educational, r i = r t e w d employment and health care outcomes for adults who are former fosterm ora delinquentn children.o d m :

b e d s º o t n = .231571.4AIC March 20, 2025 (4:51pm) s k m e - 31 - e a n e d r e l u [ A d HJC/HB 255 foster or delinquent children.

An eligible participant in the monetary stipend project shall be a New Mexico resident, United States citizen e t 17 or lawful permanent resident and an adult who is less than w l n d 18 twenty-six years of age and who is a former foster child, was = = 19 adjudicated and incarcerated pursuant to the Delinquency Act or a l i a e r 20 who participated in and aged out of the fostering connections a t m m 21 program as provided in the Fostering Connections Act and is:

d r e 22 (1) enrolled in a post-secondary educational c e s k 23 program;

e a n b 24 (2) participating in an apprenticeship program u [ or workforce development recognized by the workforce solutions .231571.4 - 31 - HJC/HB 255 department;

or (3) participating in a program or activity designed to promote employment or remove barriers to h g employment.

o t hr C.

Subject to appropriation, the higher education g e i k department shall determine the amount of a monetary stipend in h r i s h consultation with the health care authority.

The amount of a , t, e u g monetary stipend shall be individualized for each participant e b l e e h and adjusted based on the participant's income and on other n d d i = = o h l ] b ,d public assistance that the participant receives;

provided that i a º e r i = r a monetary stipend shall not exceed two thousand dollars t e w d m a n o ($2,000) per month.

A monetary stipend may be expended on cost-of-livingd expenses,m including: housing expenses, as provided by rule.

b e d s º o t n = .231571.4AIC March 20, 2025 (4:51pm) s k m e e a n e d r e l u [ A d HJC/HB 255 cost-of-living expenses, including housing expenses, as provided by rule.

The higher education department shall promulgate rules for the form and manner of the application, procedures e t 17 and criteria for reviewing applications, the methodology for w l n d 18 evaluating participants and other rules necessary to carry out = = 19 the provisions of this section.

If the higher education a l i a e r 20 department determines that the federal Social Security Act a t m m 21 requires waivers or authorizations from the United States in d r e 22 order to carry out the monetary stipend project, the department c e s k 23 shall notify the health care authority, and the authority shall e a n b 24 request such waivers or authorizations no later than December u [ 31, 2025.

.231571.4 - 32 - HJC/HB 255 E.

The higher education department shall report to the interim legislative health and human services committee on May 1 and November 1 of each year of the monetary stipend h project.

No later than October 1, 2031, the higher education u » r department shall provide a final report to the interim t h g e legislative health and human services committee on the outcomes l i h r i s for the participants, the fiscal impact of the program and h , e h other recommendations that the higher education department deemst appropriate."u -g 33e -b 12l 14deems 16appropriate."»SJC e te 17, wgh l n d 18d i = = 19o ah l- i33 a- el r] 20b a,d ti ma mº 21 d r e 22r c= t e sw kd 23m e a n bo 24d um [: .231571.4

b r e t º o t n = .231571.4AIC March 20, 2025 (4:51pm) s k m e e a n e d r e l u [ A d