SB 165 — DELINQUENCY ACT CHANGES

(c) kidnapping, as provided in Section e t 17 30-4-1 NMSA 1978;

w l n d 18 (d) aggravated battery, as provided in = = 19 Subsection C of Section 30-3-5 NMSA 1978;

a l i a e r 20 (e) aggravated battery upon a peace a t m m 21 officer, as provided in Subsection C of Section 30-22-25 NMSA d r e 22 1978;

c e s k 23 (f) shooting at a dwelling or occupied e a n b 24 building or shooting at or from a motor vehicle, as provided in u [ Section 30-3-8 NMSA 1978;

.233606.5 - 3 - SJC/SB 165 (g) dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978;

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

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

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

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

or (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;

(2) fourteen to eighteen years of age at the time of the offense and adjudicated for any felony offense and who has had three prior, separate felony adjudications within a e t 17 three-year time period immediately preceding the instant w l n d 18 offense.

The felony adjudications relied upon as prior = = 19 adjudications shall not have arisen out of the same transaction a l i a e r 20 or occurrence or series of events related in time and location.

a t m m 21 Successful completion of consent decrees is not considered a d r e 22 prior adjudication for the purposes of this paragraph;

or c e s k 23 (3) fourteen years of age and adjudicated for e a n b 24 first degree murder, as provided in Section 30-2-1 NMSA 1978] a u [ person adjudicated as a youthful offender in accordance with .233606.5 - 4 - SJC/SB 165 the Delinquency Act." SECTION 2.

Section 31-18-15.3 NMSA 1978 (being Laws 1993, Chapter 77, Section 3, as amended) is amended to read:

"31-18-15.3.

SERIOUS YOUTHFUL OFFENDER--DISPOSITION.-- A.

[An alleged] A serious youthful offender may be detained in any of the following places, prior to arraignment in metropolitan, magistrate or district court:

(1) a detention facility for delinquent children, licensed by the children, youth and families department;

(2) any other suitable place, other than a facility for the care and rehabilitation of delinquent children, that meets standards for detention facilities, as set forth in the Children's Code and federal law;

or (3) a county jail, only if a facility described in Paragraph (1) or (2) of this subsection is not e t 17 appropriate.

w l n d 18 B.

[When an alleged] If a serious youthful offender = = 19 is detained in a juvenile detention facility prior to trial, a l i a e r 20 the time spent in the juvenile detention facility shall count a t m m 21 toward completion of any sentence imposed.

d r e 22 C.

At arraignment, [when] if a metropolitan or c e s k 23 district court judge or a magistrate determines that an alleged e a n b 24 serious youthful offender should remain in custody, the u [ [alleged] serious youthful offender may be detained in an adult .233606.5 - 5 - SJC/SB 165 or juvenile detention facility, subject to the facility's accreditation and the provisions of applicable federal law.

D.

[When an alleged] If a serious youthful offender is [found guilty of first degree murder] convicted of a serious youthful offender offense, the court shall sentence the offender pursuant to the provisions of the Criminal Sentencing Act;

provided that a serious youthful offender given an adult sentence shall not be sentenced to life imprisonment without the possibility of release or parole.

The court may sentence the offender to less than, but not exceeding, the mandatory term for an adult.

The determination of guilt becomes a conviction for purposes of the Criminal Sentencing Act.

E.

Prior to the sentencing of [an alleged] a serious youthful offender who is convicted of [first degree murder] a serious youthful offender offense, adult probation services shall prepare a presentence report and submit the e t 17 report to the court and the parties five days prior to the w l n d 18 sentencing hearing.

= = 19 F.

[When the alleged] If a serious youthful a l i a e r 20 offender is convicted of a lesser offense than [first degree a t m m 21 murder] a serious youthful offender offense, the court shall d r e 22 provide for disposition of the offender pursuant to the c e s k 23 provisions of Section 32A-2-19 or 32A-2-20 NMSA 1978.

[When] e a n b 24 If an offender is adjudicated as a delinquent child, the u [ [conviction] adjudication shall not be used as a conviction for .233606.5 - 6 - SJC/SB 165 purposes of the Criminal Sentencing Act.

G.

A serious youthful offender who is convicted of a serious youthful offender offense and sentenced to imprisonment shall be imprisoned at a facility for the care and rehabilitation of adjudicated delinquent children operated by the children, youth and families department until the serious youthful offender reaches twenty-one years of age, at which time the serious youthful offender shall be transferred to a corrections facility operated by the corrections department for the remainder of the sentence;

provided that a serious youthful offender who is eighteen years of age or older may be transferred to a corrections facility before the age of twenty- one if the serious youthful offender commits a violent offense while imprisoned at the facility for the care and rehabilitation of adjudicated delinquent children and the children, youth and families department has conducted a review e t 17 of the commission of the violent offense, held a hearing with w l n d 18 sufficient procedural safeguards and determined that the:

= = 19 (1) serious youthful offender poses a a l i a e r 20 substantial and continuing danger to the children at the a t m m 21 facility for the care and rehabilitation of adjudicated d r e 22 delinquent children;

and c e s k 23 (2) children, youth and families department e a n b 24 has no alternative safe placements for or safety interventions u [ to provide the serious youthful offender.

.233606.5 - 7 - SJC/SB 165 H.

The children, youth and families department and the corrections department shall promulgate rules for the transfer of a serious youthful offender to a corrections facility in accordance with Subsection G of this section." SECTION 3.

"child""delinquent includesact" ameans personan eighteenact yearscommitted ofby agea orchild olderthat whowould committedbe designated as a delinquentcrime actunder asthe alaw minorif andcommitted isby subjectan toadult, thenot provisionsincluding a violation of Section 30-9-2 NMSA 1978, including the Delinquencyfollowing Act;offenses:

[A.](1) B.any of the following offenses pursuant to municipal traffic codes or the Motor Vehicle Code:

"delinquent(a) act"driving meanswhile anunder act committed by a child that would be [designated] charged as a crime [under e t 17 the law]influence if committed by an adult, [not including] except for w l n d 18 an act that would be charged as a violation of Sectionintoxicating 30-9-2liquor =or =drugs; 19 NMSA 1978, [including the following offenses] and includes:

a(b) lfailure ito astop ein rthe 20event (1) any of thean followinge offenses [pursuant a t m17 maccident 21causing to]death, providedpersonal forinjury by a municipal traffic [codes] code or thedamage dto rproperty; e 22 Motor Vehicle Code:

cw el sn kd 2318 (a)(c) drivingunlawful whiletaking under the influence of e a nvehicle bor 24= intoxicating= liquor19 ormotor drugs;vehicle;

ua [l (b)i failurea toe stopr in20 the(d) eventreceiving ofor antransferring .232326.4of -a 2a -t accidentm causingm [death]21 personalstolen injuryvehicle or damagemotor tovehicle; property;

[(c)d unlawfulr takinge of22 a(e) vehiclehomicide orby motor vehicle;

(d)c receivinge s k 23 (f) injuring or transferringtampering ofwith a stolene vehiclea orn motorb 24 vehicle;

(e)]u (c)[ homicide(g) byaltering vehicle;or changing of an engine .233606.5 - 8 - SJC/SB 165 number or other vehicle identification numbers;

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

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

[(h)](j) (f)driving alteringwith or forging of a driver'ssuspended license or permitrevoked orlicense; any making of a fictitious license or permit;

14or [(i)](k) (g)an recklessoffense driving;punishable as a felony;

[(j)](2) (h)buying, drivingattempting withto buy, receiving, possessing or being served any alcoholic liquor or being present in a suspendedlicensed liquor establishment, other than a restaurant or revokeda license;licensed retail liquor establishment, except in the presence of the child's parent, guardian, custodian or adult spouse.

orAs 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 e t 17 [(k)and an]the (i)employees anynecessary otherfor trafficpreparing, offensecooking and serving w l n d 18 punishablemeals. as a felony;

"Restaurant" does not include an establishment, as = = 19 (2)defined buying,in attemptingregulations topromulgated buy,by receiving,the director of the a l i a e r 20 possessingspecial orinvestigations beingunit servedof anythe alcoholicdepartment liquorof orpublic beingsafety, a t m m 21 presentthat inserves aonly licensedhamburgers, liquorsandwiches, establishment,salads and other thanfast a d r e 22 restaurantfoods; or a licensed retail liquor establishment, except in c e s k 23 the presence of the child's parent, guardian, custodian or e a n b 24 adult spouse;

providedc thate ass usedk in23 this(3) paragraph,a uviolation [of "restaurant"Section means30-29-2 anNMSA establishment1978, wheree meals are prepared .232326.4 - 3 - and served primarily for on-premises consumption and that has a diningn room,b a24 kitchenregarding and the employeesillegal necessaryuse 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 thea specialglue, investigationsaerosol unitspray ofproduct theor Newu Mexico[ state police division of the department of public safety that serves only hamburgers, sandwiches, salads and other fastchemical foods;substance;

(3).233606.5 a- violation9 of- SectionSJC/SB 30-29-2165 NMSA(4) 1978,a regardingviolation the illegal use of athe glue,Controlled aerosolSubstances sprayAct; product or other chemical substance;

(4)(5) aescape violationfrom the custody of a law enforcement officer or a juvenile probation or parole officer or from any placement made by the Controlleddepartment Substancesby Act;a child who has been adjudicated a delinquent child;

14(6) (5)a escapeviolation from the custody of aSection law30-15-1.1 enforcementNMSA officer1978 orregarding aunauthorized juvenilegraffiti probationon orpersonal parole officer or fromreal anyproperty; placement made by the department by a child who has e t 17 been adjudicated a delinquent child;

w(7) l n d 18 (6) a violation of Sectionan 30-15-1.1order NMSAof 1978protection =issued =pursuant 19to regardingthe unauthorizedprovisions graffitiof onthe personalFamily orViolence realProtection property;Act;

aor l(8) itrafficking acannabis eas rprovided 20in (7)Section a26-2C-28 violationNMSA of1978; an order of protection a t m m 21 issued pursuant to the provisions of the Family Violence d r e 22 Protection Act;

orB. c e s k 23 (8) trafficking cannabis as provided in e a n b 24 Section 26-2C-28 NMSA 1978;

u"delinquent [child" [B.]means C.a child who has committed a delinquent act;

"delinquentC. child" means a child who has .232326.4 - 4 - committed a delinquent act;

[C.]"delinquent D.offender" means a delinquent child e t 17 who is subject to juvenile sanctions only and who is not a w l n d 18 youthful offender or a serious youthful offender;

"delinquent= offender"= means19 [a]D. an adjudicated delinquent child who is subject to only juvenile sanctions [only] and who is not a youthful offender or a serious youthful offender;

[D.]"detention E.facility" means a place where a child a l i a e r 20 may be detained under the Children's Code pending a court a t m m 21 hearing and does not include a facility for the care and d r e 22 rehabilitation of an adjudicated delinquent child;

"detentionc facility"e meanss ak place23 [whereE. 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;

14"felony" [E.]means F.an act that would be a felony if e a n b 24 committed by an adult;

"felony"u means[ anF. act that would be a felony if committed by an adult;

"misdemeanor" means an act that would be a .233606.5 - 10 - SJC/SB 165 misdemeanor or petty misdemeanor if committed by an adult;

"juvenile"restitution" correctionsmeans facility"financial meansreimbursement aby placethe echild tto 17the establishedvictim pursuantor tocommunity service imposed by the Children'scourt Codeand whereis anlimited wto leasily nascertainable ddamages 18for adjudicatedinjury childto mayor beloss committedof property, actual expenses incurred for caremedical, psychiatric and rehabilitationpsychological =treatment =for 19injury asto parta person and lost wages resulting from physical injury, which are a direct and proximate result of thea child'sdelinquent disposition;act.

a"Restitution" ldoes inot ainclude ereimbursement rfor 20damages [F.]for H.mental anguish, pain and suffering or other intangible losses.

"misdemeanor"As used in this subsection, "victim" means a person who is injured or suffers damage of any kind by an act that wouldis bethe asubject of a tcomplaint mor mreferral 21to misdemeanorlaw orenforcement pettyofficers misdemeanoror ifjuvenile committedprobation byauthorities. an adult;

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

"restitution" means financial reimbursement c e st k17 23H. by [the] a child to [the] a victim or community service ordered e a n b 24 or imposed [by the court and] as part of the disposition of a u [ complaint that is limited to easily ascertainable damages for .232326.4 - 5 - 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"serious thatyouthful asoffender" used[means inan thisindividual subsection,w "victim"l meansn ad person18 whofifteen isto injuredeighteen oryears suffers damage of anyage kindwho byis ancharged actwith thatand is= the= subject19 ofindicted a complaint or referralbound toover lawfor enforcementtrial officersfor orfirst juveniledegree probationmurder. authorities;

[NothingA containeda inl thisi definitiona limitse orr replaces20 "serious youthful offender" is not a delinquent child as a t m m 21 defined pursuant to the provisions of Subsectionsthis Asection] is not a d r e 22 delinquent child and Bmeans a person fifteen to eighteen years c e s k 23 of Sectionage 32A-2-27who NMSAis 1978;indicted or charged and bound over for trial for:

14e H.]a J.n b 24 (1) murder in the first degree, as provided in u [ Section 30-2-1 NMSA 1978;

"serious.233606.5 youthful- offender"11 is- notSJC/SB a165 delinquent(2) childmurder andin meansthe [ansecond individual]degree, aas childprovided fifteenin toSection eighteen30-2-1 yearsNMSA of1978; age who is [charged with and indicted or e t 17 bound over for trial for first degree murder.

Aor "serious(3) wshooting lat na ddwelling 18or youthfuloccupied offender"building isthat notresults ain delinquentgreat childbodily asharm definedto =another =person 19or pursuantshooting tofrom thea provisionsmotor ofvehicle thisthat section]results indictedin orgreat chargedbodily aharm lto ianother aperson, eas rprovided 20in andSection bound30-3-8 overNMSA for1978; trial for:

aI. t m m 21 (1) murder in the first degree or murder in d r e 22 the second degree as provided in Section 30-2-1 NMSA 1978;

or"supervised crelease" emeans sthe krelease 23of (2) shooting at a dwellingjuvenile, orwhose occupiedterm eof acommitment nhas bnot 24expired, buildingfrom thata resultsfacility infor greatthe bodilycare harmand torehabilitation anotherof personadjudicated ordelinquent uchildren, [with shootingspecified atconditions orto fromprotect apublic motorsafety vehicleand thatpromote resultssuccessful intransition greatand .232326.4reintegration -into 6the -community. bodily harm to another person as provided in Section 30-3-8 NMSA 1978;

[I.]A K.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;

"supervised release" means the release of [a juvenile, whose term of commitment has not expired from a facility for the care and rehabilitationJ. of adjudicated delinquent children, with specified conditions to protect public safety and promote successful transition and reintegration into the community.

A"youthful juvenileoffender" onmeans superviseda releasedelinquent ischild subjecte tot monitoring17 bysubject the department until the term of commitment has expired and may be returned to custodyadult foror violating conditions of release] an adjudicated child from a juvenile correctionssanctions facility who isis: subject to specified conditions and monitoring by the department until the child's 14 term of commitment expires;

w l n d 18 (1) fourteen to eighteen years of age at the = = 19 time of the offense and [J.]who L.is adjudicated for at least one of a l i a e r 20 the following offenses:

"youthfula offender"t meansm am delinquent21 child[(a) subjectsecond todegree adultmurder, oras juvenileprovided sanctionsd whor is:e 22 in Section 30-2-1 NMSA 1978;

c e ts 17k (1)23 fourteen(b)] to(a) eighteenassault yearswith ofintent ageto atcommit thea we la n db 1824 timeviolent offelony, theas offenseprovided andin [whoSection is]30-3-3 adjudicatedNMSA for1978; at least one = = 19 of the following offenses:

au l[ i[(c)] a(b) ekidnapping, r 20 [(a) second degree murder, as provided ain t.233606.5 m- m12 21- inSJC/SB 165 Section 30-2-130-4-1 NMSA 1978;

d[(d)] r(c) eaggravated 22battery, (b)] (a) assault with intent to commit a c e s k 23 violent felony as provided in Subsection C of Section 30-3-330-3-5 NMSA 1978;

e[(e)] a(d) naggravated bbattery 24against [(c)]a (b)household kidnappingmember, as provided in uSubsection [C of Section 30-4-130-3-16 NMSA 1978;

.232326.4[(f)] -(e) 7aggravated -battery [(d)]upon (c)a felonypeace aggravatedofficer, battery as provided in [SubsectionSubsection C of]of Section 30-3-530-22-25 NMSA 1978;

[(e)][(g)] (d)(f) felonyshooting aggravatedat batterya againstdwelling or occupied building that does not result in great bodily harm to another person or shooting at or from a householdmotor membervehicle asthat provideddoes not result in [Subsectiongreat Cbodily of]harm to another person, as provided in Section 30-3-1630-3-8 NMSA 1978;

[(f)][(h)] (e)(g) aggravateddangerous batteryuse uponof aexplosives, 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 30-22-2530-7-5 NMSA 1978;

[(g)]e (f)t shooting17 at[(i)] a(h) dwellingcriminal orsexual occupiedpenetration, buildingw thatl doesn notd result18 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 14 in Section 30-3-830-9-11 NMSA 1978;

[(h)]= (g)= dangerous19 use[(j)] of(i) explosivesrobbery, as provided in a l i a e r 20 Section 30-7-530-16-2 NMSA 1978;

ea t 17m [(i)]m (h)21 criminal[(k)] sexual(j) penetrationaggravated burglary, as wd lr ne d22 18 provided in Section 30-9-1130-16-4 NMSA 1978;

= = 19 [(j)] (i) robbery as provided in Section a l i a e r 20 30-16-2 NMSA 1978;

a t m m 21 [(k)] (j) aggravated burglary as d r e 22 provided in Section 30-16-4 NMSA 1978;

[or u [ (m)] (l) abuse of a child that results .232326.4.233606.5 - 813 - SJC/SB 165 in great bodily harm or death to the childchild, as provided in Section 30-6-1 NMSA 1978;

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

or(2) (n)fourteen attempt to commiteighteen anyyears of age at the offensestime enumeratedof inthe thisoffense, paragraph;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;

(2)provided fourteenthat to eighteen years of age at the timefelony ofadjudications therelied offense,upon [whoas is]prior adjudicatedadjudications forshall anynot felony[have offensearisen andout [who]of] hasarise [had]from threethe prior,same separatetransaction felonyor adjudicationsoccurrence withinor aseries three-yearof [time]events periodrelated immediatelyin precedingtime theand instantlocation; offense;

and provided further that thesuccessful felonycompletion adjudicationsof reliedconsent upondecrees asis prior adjudications shall not [haveconsidered arisena outprior of]adjudication arisefor from the samepurposes transaction or 14 occurrence or series of eventsthis relatedparagraph; in time and location;

andor provided(3) furtherfourteen thatyears successful completion of consentage decreesand who is notadjudicated consideredfor a[first priordegree adjudicationmurder, foras theprovided purposesin Section e t 17 of30-2-1 thisNMSA paragraph;1978]:

or w l n d 18 (3)(a) fourteenmurder yearsin ofthe agefirst anddegree, [whoas is] = = 19 adjudicatedprovided forin [firstSection degree]:30-2-1 NMSA 1978;

a l i a e r 20 (a)(b) murder in the firstsecond degreedegree, oras murder a t m m 21 in the second degree as provided in Section 30-2-1 NMSA 1978;

or d r e 22 or(c) c e s k 23 (b) shooting at a dwelling or occupied c e as nk b23 24 building that results in great bodily harm to another person or ue [a n b 24 shooting at or from a motor vehicle that results in great .232326.4u -[ 9 - bodily harm to another personperson, as provided in Section 30-3-8 .233606.5 - 14 - SJC/SB 165 NMSA 1978." SECTION 2.4.

Section 32A-2-532A-2-7 NMSA 1978 (being Laws 1993, Chapter 77, Section 34,36, as amended) is amended to read:

"32A-2-5."32A-2-7.

JUVENILECOMPLAINTS--REFERRAL--PRELIMINARY PROBATIONINQUIRY-- [ANDNOTICE--TIME PAROLE]WAIVER.-- SERVICES--A. [ESTABLISHMENT] CREATED--JUVENILE PROBATION [AND PAROLE] OFFICERS--POWERS AND DUTIES.-- [A.

JuvenileComplaints probationalleging anddelinquency paroleshall servicesbe referred to probation services, which shall beconduct provideda bypreliminary inquiry to determine the department.best interests of the child and of the public with regard to any action to be taken.

ToDuring carrythe outpreliminary theinquiry objectiveson anda provisionsdelinquency ofcomplaint, the Delinquencymatter Act,may butbe subjectreferred to itsanother limitations,appropriate agency and conferences may be conducted for the departmentpurpose hasof effecting adjustments or agreements that will obviate the powernecessity andfor dutyfiling to]a A.petition.

"JuvenileAt probationthe services"commencement isof createdthe aspreliminary aninquiry, 14the officeparties inshall thebe juvenileadvised justiceof divisiontheir ofbasic therights departmentpursuant to Section 32A-2-14 NMSA 1978, and shall:no e t 17 party may be compelled to appear at any conference, to produce w l n d 18 any papers or to visit any place.

(1)The receive and examine complaints and e t 17 allegations [that a child isshall abe delinquentinformed child for the purpose w l n d 18 of considering beginning a proceeding pursuant to the] in = = 19 accordanceof with the provisionschild's ofright theto Delinquencyremain Act;silent.

The preliminary inquiry a l i a e r 20 (2)shall makebe casecompleted referralswithin forthe appropriatetime limits set forth in the a t m m 21 servicesChildren's [asCourt appearRules. appropriate or desirable];

d r e 22 (3)C. [make] conduct predisposition studies and c e s k 23 assessments and submit reports and recommendations to the e a n b 24 court;

uPrior [to (4)a supervisepreliminary andinquiry assistbeing conducted c e s k 23 with a child placedwho onis .232326.4detained, -the 10child's -parent, probationguardian or supervisione a n b 24 custodian or onthe supervisedchild's releaseattorney [orshall underbe supervisiongiven byreasonable courtu order[ ornotice by the department]juvenile fromprobation aand termparole ofofficer commitment;and an .233606.5 - 15 - SJC/SB 165 opportunity to be present at the preliminary inquiry.

(5)If givea noticechild tois anynot [individual]detained, person who [has been] was the subjectpreliminary ofinquiry ashall [petitionbe filed]conducted proceedingwithin pursuantthirty todays [theof provisionsreceipt of] the Delinquency Act of the sealingreferral offrom thatlaw [individual's]enforcement. person's records in accordance with that act;

(6)The informallythirty-day disposetime ofperiod upmay tobe threeextended misdemeanorupon chargesa broughtdetermination againstby the department that an extension is necessary to conduct a childthorough withinpreliminary twoinquiry years;and that the extension is not prejudicial to the best interests of the child.

(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;

14 (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 e t 17 cases];

and w l n d 18 (9) upon receipt of a referral, contact an = = 19 Indian child's tribe to consult, [and] exchange information a l i a e r 20 [for the purpose of collaborating on] and collaborate to a t m m 21 determine appropriate referrals for services [along with case d r e 22 planning throughout the period of involvement with juvenile c e s k 23 justice services] or recommendations for the appropriate e a n b 24 disposition of the Indian child's delinquency case.

u [ [C.] B.

The director of the juvenile justice .232326.4 - 11 - 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] 14 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, e t 17 Chapter 77, Section 36, as amended) is amended to read:

w l n d 18 "32A-2-7.

COMPLAINTS--REFERRAL--PRELIMINARY INQUIRY-- = = 19 NOTICE--TIME WAIVER.-- a l i a e r 20 A.

[Complaints] A complaint alleging delinquency a t m m 21 shall be referred to juvenile probation services, which shall d r e 22 conduct a preliminary inquiry to determine the best interests c e s k 23 of the child and of the public [with regard to any action to be e a n b 24 taken] and to recommend an appropriate disposition for the u [ case.

.232326.4 - 12 - 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 14 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 e t 17 any place.

w l n d 18 C.

Prior to a preliminary inquiry [being conducted = = 19 with] for a child who is detained, the child's parent, guardian a l i a e r 20 or custodian or the child's attorney shall be given reasonable a t m m 21 notice by the juvenile probation [and parole] officer and an d r e 22 opportunity to be present at the preliminary inquiry.

If a c e s k 23 child is not detained, the preliminary inquiry shall be e a n b 24 conducted within thirty days of juvenile probation services' u [ receipt of the referral [from law enforcement].

The thirty-day .232326.4 - 13 - 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.

[When]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]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].shown.

If a child is not in custody or e t 17 detention, a petition shall not be 14 dismissed for failure to w l n d 18 comply with the time limit set forth in this subsection unless [there= = 19 there is a showing of prejudice to]to the childchild. is prejudiced by the failure.

a l i a e tr 1720 E.

After completion of the preliminary inquiry on a wa lt nm dm 1821 delinquency complaint involving a misdemeanor, probation =d =r 19e 22 services may notify the children's court attorney and recommend ac l i a e rs 20k 23 an appropriate disposition for the case.

If the child has been e a tn mb m24 21 referred for three or more prior misdemeanors within two years du r[ e 22 of the instant offense, probation services shall notify the c.233606.5 e- s16 k- 23SJC/SB 165 children's court attorney and recommend an appropriate e a n b 24 disposition for the case.

u [ F.

JuvenileProbation probation services shall notify the .232326.4 - 14 - children's court attorney of the receipt of any complaint involving an act that constitutes a felony [underunder the applicable criminal law.

Probation services shall also]also and recommend [a]a an appropriate disposition [toto the children's court attorney]attorney. for the case.

IfThe a petition is filed, the child, through counsel, and the children's court attorney may agreeagree, [withoutwithout judicial approval, to a waiver of time limitations imposed after a petition is filed]filed. to a time waiver without court approval.

A time waiver defers adjudication of the chargescharges. [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 departmentchildren's shallcourt beattorney addedmay asplace arestrictions partyon 14a tochild's thebehavior petitionas if probation services are a condition of a time waiver.

If the child [completescompletes the agreed upon]upon meets the conditions of a time waiver and no new charges are filed e t 17 against the child, the pending petition shall be dismissed.

If w l n d 18 the children's court attorney files a new e t 17 petition against the = = 19 child, the children's court attorney may proceedw onl bothn thed a18 lproceed ion aboth ethe r 20 original petition and the new charges.

[TheThe department= shall= a19 tdepartment mshall m 21 become a party if probation services are requesteda asl i a de r e20 22requested as a condition of the time waiver.]waiver. c e s k 23 H.

Upon reviewing a caset afterm them preliminary21 eH. a n b 24 inquiry, if the children's court attorney decides not to file a u [ delinquency petition, the children's court attorney may refer .232326.4 - 15 - the child back to juvenile probation services and recommend an appropriate disposition." SECTION 4.

SectionAfter 32A-2-9a NMSApreliminary 1978inquiry, (beingif Lawsthe 1993,children's Chapterd 77,r Sectione 38)22 iscourt amendedattorney reviews a case and decides not to read:file a c e s k 23 delinquency petition, the children's court attorney may refer e a n b 24 the case back to juvenile probation services and recommend an u [ appropriate disposition." .233606.5 - 17 - SJC/SB 165 SECTION 5.

"32A-2-9.Section 32A-2-11 NMSA 1978 (being Laws 1993, Chapter 77, Section 40, as amended) is amended to read:

TAKING"32A-2-11. INTO CUSTODY.--A child may be detained or taken into custody:

CRITERIA FOR DETENTION OF CHILDREN.-- A.

Unless otherwise ordered by the court pursuant to the orderprovisions of the courtDelinquency issuedAct, because a parent,child guardiantaken orinto custodiancustody failsfor [whenan requested]alleged todelinquent bringact the[shall childnot] beforemay thebe courtplaced [afterin havingdetention promised[unless] toonly doif soa whendetention therisk childassessment was[instrument] deliveredis uponcompleted releaseand froma custody]determination asis required;made that the child:

B.

pursuant to [the laws of arrest for] an arrest warrant or pursuant to a lawful exception to the warrant 14 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 e t 17 1978] as authorized by the Delinquency Act." w l n d 18 SECTION 5.

Section 32A-2-11 NMSA 1978 (being Laws 1993, = = 19 Chapter 77, Section 40, as amended) is amended to read:

a l i a e r 20 "32A-2-11.

CRITERIA FOR DETENTION OF CHILDREN.-- a t m m 21 A.

Unless otherwise ordered by [the] a court d r e 22 pursuant to [the provisions of] the Delinquency Act, a child c e s k 23 taken into custody for an alleged delinquent act [shall not be e a n b 24 placed in detention unless] may be detained only in accordance u [ with Section 32A-2-10 NMSA 1978 and only if a detention risk .232326.4 - 16 - assessment [instrument] is completed and a determination is made that the child:

The[The [criteriacriteria for detention in]in provisionsthis ofsection Subsectione At of17 thisshall section [shall govern the decisions of]of apply to all persons responsible for w l n d 18 determining whether [detentiondetention is appropriate prior]prior to detain a child= before= a19 detention hearinghearing, [basedbased upon review of the detention risk 14a l i a e r 20 assessment instrument] isThe held.provisions of Subsection A of this a t m m 21 section apply to all circumstances in which a child may be d r e 22 detained before a detention hearing.

c e s k 23 C.

The department shall develop, validate and implemente ana instrumentn tob conduct24 implement a detention risk assessment einstrument. t 17 [instrument].

The u [ department shall collect and analyze data wregarding lthe n.233606.5 d- 18 regarding- theSJC/SB 165 application [of the detention risk assessment = = 19 instrument.

On January 1, 2004, the department shall provide a l i a e r 20 the legislature with a written report with respect to its a t m m 21 collection and analysis of data regarding the applicationapplication] ofand deffectiveness rof e 22 the detention risk assessment instrument]instrument. and effectiveness of c e s k 23 the instrument every three years and update the instrument e a n b 24 based on the data.

uAt [least D.once every three years, the department shall update the detention risk assessment instrument based on the collected data, as necessary.

OnD. or before September 1 of each year, the .232326.4 - 17 - department shall provide to the legislature a written report on the application and effectiveness of the instrument used to conduct a detention risk assessment.

On or before September 1 of each year, the department shall provide a written report to the legislature on the application and effectiveness of the detention risk assessment instrument.

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;

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

e t 17 (3) a shelter-care facility [provided for] in w l n d 18 compliance with the Children's Shelter Care Act [that is in = = 19 compliance with all standards, conditions and regulatory a l i a e r 20 requirements and that shall be considered a temporary placement a t m m 21 subject to judicial review within thirty days of placement];

d r e 22 (4) a detention facility certified by the c e s k 23 department for children alleged to be delinquent children;

e a n b 24 (5) any other suitable place [other than a u [ facility for the long-term care and rehabilitation of .232326.4 - 18 - 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 14 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 e t 17 1978, designated] approved by the court [and] that meets the w l n d 18 standards for detention facilities pursuant to the Children's = = 19 Code and federal law.

a l i a e r 20 C.

Before adjudication, a child alleged to be a a t m m 21 delinquent child or youthful offender shall not be detained at d r e 22 a juvenile corrections facility.

c e s k 23 [C.] D.

A child who is eighteen to twenty-five e a n b 24 years of age who was adjudicated as a youthful offender who is u [ violent toward staff or other residents in a detention facility .232326.4 - 19 - 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 14 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 e t 17 eighteen while detained in a [juvenile] detention facility.

In w l n d 18 the event that a child is detained in a jail, the director of = = 19 the jail shall presume that the child is vulnerable to a l i a e r 20 victimization by inmates within the adult population because of a t m m 21 the child's age, and shall take measures to [provide protection d r e 22 to] protect the child;

[However, provision of] provided that c e s k 23 protective measures shall not result in diminishing a child's e a n b 24 civil rights to less than those existing for an incarcerated u [ adult.

.232326.4 - 20 - [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 14 (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 e t 17 detained in a jail, the director of the jail shall presume that w l n d 18 the child is vulnerable to victimization by inmates within the = = 19 adult population because of the child's age and shall take a l i a e r 20 measures to [provide protection to] protect the child;

a t m m 21 [However, provision of] and provided further that protective d r e 22 measures shall not result in diminishing a child's civil rights c e s k 23 to less than those existing for an incarcerated adult.

e a n b 24 [F.] G.

When a person who is eighteen years of age u [ or older is taken into custody and transported to an adult .232326.4 - 21 - 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 14 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, e t 17 Chapter 77, Section 42, as amended) is amended to read:

w l n d 18 "32A-2-13.

DETENTION HEARING REQUIRED ON DETAINED = = 19 CHILDREN--PROBABLE CAUSE DETERMINATION--COURT DETERMINATION-- a l i a e r 20 DISPOSITION.-- a t m m 21 A.

[When] If a child who has been taken into d r e 22 custody without a warrant is [not released but is] detained, c e s k 23 [(1)] a judicial determination of probable cause shall be made e a n b 24 by a judge, [or] special master or magistrate within forty- u [ eight hours, including Saturdays, Sundays and legal holidays .232326.4 - 22 - [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, 14 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].

e t 17 [(3)] C.

A detention hearing shall be held within w l n d 18 twenty-four hours, excluding Saturdays, Sundays and legal = = 19 holidays, from the time [of filing] the petition [to determine a l i a e r 20 whether continued detention is required pursuant to the a t m m 21 criteria established by the Children's Code] is filed.

At the d r e 22 request of [any] a party, the court may permit a detention c e s k 23 hearing to be conducted by appropriate means of electronic e a n b 24 communication;

provided that all hearings conducted by u [ electronic means shall be recorded and preserved as part of the .232326.4 - 23 - 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 14 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 e t 17 compensation, subject to the approval of the director of the w l n d 18 administrative office of the courts.

= = 19 [C.] E.

Notice of the detention hearing, either a l i a e r 20 oral or written, stating the time, place and purpose of the a t m m 21 hearing shall be given by the person designated by the court to d r e 22 the child and the child's parents, guardian or custodian, if c e s k 23 [they can be found, and to the child] practicable.

The e a n b 24 department shall be provided with reasonable oral or written u [ [notification] notice and an opportunity to be heard [At any .232326.4 - 24 - 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.

14 [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 e t 17 judge or special master shall order the release of the child.

w l n d 18 [but, in so doing, may order one or more of the following = = 19 conditions to meet the individual needs of the child] Upon a l i a e r 20 ordering the child's release, the judge or special master may a t m m 21 impose one or more of the following conditions on the child's d r e 22 release:

c e s k 23 (1) place the child in the custody of a e a n b 24 parent, guardian or custodian or under the supervision of an u [ agency agreeing to supervise the child;

.232326.4 - 25 - (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.

14 [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 e t 17 would not be admissible in a hearing on the petition.

w l n d 18 [I.] K.

If the child is not released at the = = 19 detention hearing and a parent, guardian or custodian was not a l i a e r 20 notified of the hearing and did not appear or waive appearance a t m m 21 at the detention hearing, the judge or special master shall d r e 22 rehear the detention matter without unnecessary delay upon the c e s k 23 filing of an affidavit stating the facts and a motion for e a n b 24 rehearing.

u [ [J.] L.

If a child is not released at the detention .232326.4 - 26 - 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.

e t 17 "32A-2-19.

DISPOSITION OF AN ADJUDICATED DELINQUENT OFFENDERw ORl YOUTHFULn OFFENDER--JUVENILEd SANCTIONS.--18 14OFFENDER.-- = = 19 A.

TheAt dispositionsthe providedconclusion forof inthe thisdispositional sectionhearing, constitutea juvenilel sanctionsi fora childrene adjudicatedr pursuant20 tothe court may make and include in the Delinquencydispositional Act.judgment a t m m 21 its findings on the following:

d r e t22 17(1) [A.]the B.interaction and interrelationship of c e s k 23 the child with the child's parents and siblings and any other e a n b 24 person who may significantly affect the child's best interests;

Atu the[ conclusion(2) of the dispositionalchild's wadjustment lto n d 18 hearing, the courtchild's may.233606.5 make- and include in the dispositional = = 19 judgment- itsSJC/SB findings165 onhome, theschool following:and community;

a(3) lthe imental aand ephysical rhealth 20of (1)all theindividuals interactioninvolved, andincluding interrelationshipconsideration of asuch tfactors mas m 21 the childchild's withbrain thedevelopment, child'smaturity, parentstrauma andhistory siblings and anydisability; other d r e 22 person who may significantly affect the child's best interests;

c e s k 23 (2) the child's adjustment to the child's e a n b 24 home, school and community;

u [ (3) the mental and physical health of all .232326.4 - 27 - individuals involved, including consideration of such factors as the child's brain development, maturity, trauma history and disability;

and (8) the ability of the parents to care for the 14 child in the home.

[B.]e C.t 17 B.

If a child is [foundfound to be delinquent]delinquent, adjudicated as a delinquent offender or youthful offender e t 17 subject to juvenile sanctions, the court may [enter its w l n d 18 judgmentmay making]enter orderits judgment making any of the following dispositions,dispositions [for = = 19 for the supervision, care and rehabilitation of the child]child: if a l i a e r 20 appropriate:

a tl mi ma 21e r 20 (1) transfer legal custody [to]to of the childdepartment, da rt em 22m to21 thean department [an agency responsible for the care and crehabilitation eof sd kr 23e rehabilitation22 of delinquent children, which shall receive the echild at a nc be 24s childk at23 a facility designated by the secretary of the u [ department as a e a n b 24 juvenile reception facility.

The department .232326.4 - 28 - shall thereafter u [ determine the appropriate placement, supervision and .233606.5 - 20 - SJC/SB 165 rehabilitation program for the child.

(a) a short-term commitment of[of one yearyear] for no more than eighteen months in a facility for the care and rehabilitation of adjudicated delinquent children.children;

Noprovided that no more than nine[nine] twelve months shall be served at the facility and no less than ninety[ninety] one hundred eighty days shall be served on supervised release, unless:

2) the commitment has been extended 14 pursuant to Section 32A-2-23 NMSA 1978;

(b) a long-term commitment for no more e t 17 than two[two yearsyears] thirty months in a facility for the care and rehabilitation of w l n d 18 rehabilitation of adjudicated delinquent children.children;

Noprovided more than twenty-one = = 19 that no more than [twenty-one] twenty-four months shall be a l i a e r 20 served at the facility and no less than ninety[ninety] aone lhundred i a et rm 20m 21 eighty days shall be served on supervised release, unless:

1) ad tr me m22 21 supervised release is revoked pursuant to Section 32A-2-25 NMSA dc r e 22s k 23 1978;

or 2) the commitment is extended pursuant to Section c e sa kn 23b 24 32A-2-23 NMSA 1978;

eu a[ n b 24 (c) if the child is a delinquent u.233606.5 [- 21 - SJC/SB 165 offender who committed one of the criminal offenses set forth .232326.4 - 29 - 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]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 [underunder those conditions and limitations as the court may prescribe]prescribe; or supervision subject to appropriate conditions;

(3) [place]place commit the child [in]in to a local detention facility that [hashas been]been is certified [inin accordance with the provisions of]of pursuant to Section 32A-2-4 NMSA 1978 14 for a period not to exceed fifteen days within a three hundred sixty-five day time periodperiod; [or if a child is found to be delinquent solely on the basis of Paragraph (3) of Subsection A e t 17 of Section 32A-2-3 NMSA 1978, the court shall only enter a w l n d 18 judgment placing the child on probation or ordering restitution = = 19 or both];

or a l i a e r 20 (4) if a child is found to be delinquent a t m m 21 solely [onon the basis of Paragraph (2), (3) or (4)] for d r e 22 violating the offenses enumerated in Paragraphs (2) through (4) c e s k 23 of Subsection [A]A B of Section 32A-2-3 NMSA 1978, the court mayshall eonly a n b 24 [make any disposition provided by this section and may enter ua [ its judgment placing the child on probation and,or asordering arestitution condition .232326.4 - 30 - of probation, transfer] place the child on probation or supervisionboth; subject to appropriate conditions that may include:

(a)or transferring(4) if a child is found to be delinquent e t 17 solely on the basis of Paragraph (2), (3) or (4) of Subsection w l n d 18 A of Section 32A-2-3 NMSA 1978, the court may make any = = 19 disposition provided by this section and may enter its judgment a l i a e r 20 placing the child on probation and, as a condition of a t m m 21 probation, transfer custody of the child to the department for treatmentd forr e 22 a period not to exceed six months [withoutwithout further order of the court];c e s k 23 court;

provided that [thisthis transfer shall not be made unless]unless the e a n b 24 court first determines that the department is able to provide u [ or contract for adequate and appropriate treatment for the .233606.5 - 22 - SJC/SB 165 child and that the treatment is likely to be beneficial;beneficial.

orC. (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 14 adjudication;

providedWhen that the courtchild shallis givean noticeIndian ofchild, the suspension,Indian denialchild's orcultural revocationneeds toshall be considered in the taxationdispositional judgment and revenuereasonable departmentaccess withinto twenty-fourcultural hourspractices ofand enteringtraditional thetreatment judgment;shall be provided.

eD. t 17 and provided further that suspension, denial or revocation w l n d 18 shall be in accordance with the Motor Vehicle Code.

=A =child 19found [C.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.

WhenE. the] D.

IfWhenever athe childcourt isvests anlegal Indiancustody child,in aan lagency, iinstitution aor edepartment, rit 20shall thetransmit Indianwith child'sthe culturaldispositional needsjudgment shallcopies beof considered in the aclinical treports, mpredisposition mstudy 21and dispositionalreport judgmentand and,other ifinformation applicable,it reasonablehas accesspertinent to dthe rcare e 22 cultural practices and traditional treatment shallof bethe provided.child.

c e s k 23 [D.

A child found to be delinquent shall not be e a n b 24 committed or transferred to a penal institution or other u [ facility used for the execution of sentences of persons .232326.4 - 31 - 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.

Prior to [any]any the custody of a child being [placedplaced in the custody of]of transferred to the department, the department shall be provided with e t 17 reasonable [oraloral or written notification]notification notice and an opportunity to w l n d 18 be heard.

= = 19 G.

In addition to [anyany other]other a disposition 14 pursuant to Subsectiona [B]l Ci a e r 20 Subsection B of this section, the court may make an abuse or a t m m 21 neglect report [forfor investigation and proceedings as provided ford in]r that shall be processed in e t22 17for accordancein with the Abuse and Neglect Act.

The report may be wmade lto na dc 18e mades tok a23 local law enforcement agency, the department or a =tribal =law 19e tribala lawn b 24 enforcement or social service agency for an Indian a l i a e r 20 child [residing]u who[ residesresiding in Indian country.

a.233606.5 t- m23 m- 21SJC/SB [H.165 H.

In addition to any other disposition pursuant d r e 22 to this section or any other penalty provided by law, if a c e s k 23 child who is fifteen years of age or older is adjudicated e a n b 24 delinquent on the basis of Paragraph (2), (3) or (4) of u [ Subsection A of Section 32A-2-3 NMSA 1978, the child's driving .232326.4 - 32 - privileges may be denied or the child's driver's license may be revoked for a period of ninety days.

Nothing e t 17 in this section may prohibit the delinquent from applying for a w l n d 18 limited driving privilege pursuant to Section 14 66-5-35 NMSA 1978 = = 19 or an ignition interlock license pursuant to the Ignition a l i a e r 20 Interlock Licensing Act, and nothing in this section precludes a t m m 21 the delinquent's participation in an eappropriate teducational, 17d appropriater educational,e 22 counseling or rehabilitation program.

wc le ns dk 1823 I.]I. H.

In addition to [anyany other]other a disposition =pursuant =to 19e pursuanta ton b 24 this section or any other penalty [provided]provided a l i a e r 20 prescribed by law, [when]when if a child u [ is adjudicated delinquent aon t m m 21 [on the basis of Paragraph (6) of Subsection.233606.5 A- of24 Section- dSJC/SB r165 eSubsection 22A 32A-2-3of NMSA 1978] for violating Section 30-15-1.132A-2-3 NMSA 19781978, c e s k 23 regarding unauthorized graffiti on personal or real property, e a n b 24 the child shall perform the mandatory community service [setset u [ forth in Section 30-15-1.1 NMSA 1978.

When]When requireda forchild fails to completely perform 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 .232326.4the -parent 33or -legal offense.guardian is the parent or legal guardian of a child adjudicated delinquent for committing graffiti." SECTION 7.

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, 14 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 e t 17 for the detention of adults convicted of crimes, unless the w l n d 18 child is a youthful offender subject to an adult sentence.

= = 19 B.

Before placing the child at a juvenile a l i a e r 20 corrections facility, the department shall first assess the a t m m 21 child at a department-designated assessment facility to d r e 22 determine the placement, type of supervision and rehabilitation c e s k 23 program appropriate for the child.

In determining the e a n b 24 appropriate placement, supervision and program for the child, u [ the department may consider any recommendations made by the .232326.4 - 34 - 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 14 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 e t 17 release is revoked pursuant to Section 32A-2-25 NMSA 1978.

w l n d 18 D.

The standard term of commitment for a child who = = 19 is adjudicated as a delinquent offender for an offense that a l i a e r 20 would have otherwise made the child a youthful offender begins a t m m 21 on the date of the dispositional judgment and ends on the date d r e 22 the child reaches the age of twenty-one and is subject to c e s k 23 modification in accordance with Section 32A-2-23 NMSA 1978.

e a n b 24 E.

The standard term of commitment for a child who u [ is adjudicated as a youthful offender with juvenile sanctions .232326.4 - 35 - 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.

DISPOSITION OF A YOUTHFUL OFFENDER--ADULTOFFENDER.-- SENTENCE--AMENABILITY.-- A.

The court [hashas the discretion to invoke[invoke] either] may impose either an adult sentence or juvenile sanctions [onon a] as a disposition for a youthful offender.

IfThe the children's court attorney seeks an adult sentence for the child, the attorney shall file a notice of intent [toto invoke[invoke] request an adult sentence]sentence 14 within ten working days [ofof the filing of]of from the datepetition; the petition is filed;

provided that the court may e t 17 extend the time for filing of the notice of intent [toto invoke[invoke] anw adultl en td 1718 sentence]request an adult sentence, for good cause [shown,shown, prior to the adjudicatory= w= l19 nadjudicatory dhearing. 18 hearing].

A preliminary [hearing]hearing examination by the court or =a =a 19l i a e r 20 hearing before a grand jury shall be heldheld, within ten days a lt im am e21 rafter 20 [after the filing of]of from the date the notice of intent [toto a[invoke] trequest man madult 21d invoker ane adult22 sentence, to determine whether probable cause dexists rto esupport 22c existse tos supportk 23 the allegations contained in the petition]petition. is c e s k 23 filed.

AfterIf the adjudication of a child as a youthful u [ offender, if the children's court attorney [has]has filed a noticeu .232326.4[ -notice 36 - of intent to [invoke] seekrequest an adult sentence [andand the .233606.5 - 25 - SJC/SB 165 child is adjudicated as a youthful offender]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 [asas a child]child in available facilitiesfacilities; for children;

In making the findings [setset forth]forth required in Subsection B of this section, the [judge] court shall consider 14 the following factors:

(2) whether the alleged offense was committed e t 17 in an aggressive, violent, premeditated or willful manner;

w l n d 18 (3) whether a firearm was used to commit the = = 19 alleged offense;

a l i a e rt 2017 (4) whether the alleged offense was against aw tl mn md 2118 persons or against property, greater weight being given to d= r= e19 22 offenses against persons, especially if personal injury ca el si ka 23e r 20 resulted;

e a nt bm 24m 21 (5) the maturity of the child as determined by ud [r e 22 consideration of the child's home, environmental situation, .232326.4c -e 37s -k 23 social and emotional health, pattern of living, brain e a n b 24 development, trauma history and disability;

u [ (6) the record and previous history of the .233606.5 - 26 - SJC/SB 165 child;

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

provided that factor is stated on the record.

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 14 treatment or rehabilitation as a child in available facilities.

If the court [invokes] imposes an adult sentence, the [courtcourt may]may sentence [thethe child to less than, ebut t 17 but] shall not exceedexceed, the mandatory adult sentence;sentence.

providedA wyouthful loffender ngiven dan 18adult thatsentence a[shall childbe giventreated as an adult sentenceoffender and shall not be sentencedtransferred to =the =legal 19custody lifeof imprisonmentan withoute thet possibility17 agency responsible for incarceration of releasepersons orsentenced parole.to w l n d 18 adult sentences.

aThis ltransfer iterminates athe ejurisdiction rof 20= A= youthful19 offenderthe givencourt anover adultthe sentencechild shallwith berespect treated as a t m m 21 an adult offender and shall be transferred to the legaldelinquent custodyacts da rl ei 22a of an agency responsible for incarceration of persons sentenced c e sr k20 23alleged toin adultthe sentences.petition.

ThisA transferchild terminatesgiven thean jurisdictionadult esentence] a nt bm 24m of21 theshall courtnot overbe thesentenced childto withlife respectimprisonment towithout the delinquentd actsr ue [22 allegedpossibility inof therelease petition.or parole.

[Ac childe givens ank adult23 sentence .232326.4 - 38 - shall not be sentenced to life imprisonment without the possibility of release or parole.] F.

IfA [a]youthful juvenileoffender [dispositionwho is]is sanctionsgiven arean appropriate,adult thee courta n b 24 sentence of imprisonment shall [followbe imprisoned at a facility for u [ the provisionscare setand forth]rehabilitation disposeof adjudicated delinquent children .233606.5 - 27 - SJC/SB 165 until the youthful offender reaches twenty-one years of age, at which time the caseyouthful asoffender providedshall inbe Sectiontransferred 32A-2-19to NMSAa 1978.corrections facility operated by the corrections department for the remainder of the sentence;

[Aprovided that a youthful offender who is eighteen years of age or older may be subjecttransferred to extendeda commitmentcorrections infacility before the careage of twenty- one if the departmentyouthful untiloffender commits a violent offense while imprisoned at the agefacility for the care and rehabilitation of twenty-one,adjudicated pursuantdelinquent tochildren and the provisionsdepartment has conducted a review of Sectionthe 32A-2-23commission NMSAof 1978.]the G.violent offense, held a hearing with sufficient procedural safeguards and determined that the:

A(1) 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 forposes a differentsubstantial offenseand [ascontinuing setdanger forthto inthe Subsectionchildren Jat ofthe Sectionfacility 32A-2-3for NMSA 1978] is 14 subject to the dispositionscare setand forthrehabilitation inof thisadjudicated section.delinquent children;

H.and (2) department has no alternative safe e t 17 placements for or safety interventions to provide the youthful w l n d 18 offender.

A child fourteen years of age or older who was charged with first degree murder but [found to have committed a e t 17 delinquent act that is neither first degree murder nor a w l n d 18 youthful offender offense as set forth in Subsection J of = = 19 SectionG. 32A-2-3 NMSA 1978, shall be] was instead adjudicated as a l i a e r 20 a delinquent offender is subject to the dispositions set forth a t m m 21 in Section 32A-2-19 NMSA 1978." d r e 22 SECTION 11.

SectionThe 32A-2-23transfer NMSAof 1978a (beingyouthful Lawsoffender 1993,to ca a l i a e sr k20 23corrections Chapterfacility 77,terminates Sectionthe 52,court's asjurisdiction amended)over isa amendedt tom read:m 21 the youthful offender's case.

ed ar ne b22 24[F.] "32A-2-23.H.

LIMITATIONSIf ONa DISPOSITIONALjuvenile JUDGMENTS--disposition uis [appropriate, MODIFICATION--TERMINATIONc ORe EXTENSIONs OFk COURT23 ORDERS.--the .232326.4court -shall 39follow -the A.provisions set forth in Section e a n b 24 32A-2-19 NMSA 1978.

UponA theyouthful entryoffender ofmay abe judgmentsubject transferring legal custody of an adjudicated delinquent child to theu department,[ [anextended agencycommitment responsiblein for the care and rehabilitation of delinquentthe childrendepartment divestsuntil the courtage of.233606.5 jurisdiction- at28 the- timeSJC/SB of165 transfer of custody,twenty-one, unless]pursuant to the courtprovisions isof divestedSection of32A-2-23 jurisdiction;NMSA 1978.

provided[G.] thatI. 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].

A child fourteen years of age or older, charged with first degree murder, but not convicted of first degree murder and found to have committed a youthful offender 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.] J.

A child fourteen years of age or older 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 adjudicated as a delinquent subject to the dispositions set forth in Section 32A-2-19 NMSA 1978.

K.

The department and the corrections department shall promulgate rules for the transfer of a youthful offender e t 17 to a corrections facility in accordance with Subsection F of w l n d 18 this section." = = 19 SECTION 8.

Section 32A-2-23 NMSA 1978 (being Laws 1993, a l i a e r 20 Chapter 77, Section 52, as amended) is amended to read:

a t m m 21 "32A-2-23.

LIMITATIONS ON DISPOSITIONAL JUDGMENTS-- d r e 22 MODIFICATION--TERMINATION OR EXTENSION OF COURT ORDERS.-- c e s k 23 A.

A judgment transferring legal custody of an e a n b 24 adjudicated delinquent child to an agency responsible for the u [ care and rehabilitation of delinquent children divests the .233606.5 - 29 - SJC/SB 165 court of jurisdiction at the time of transfer of custody, unless the transfer of legal custody is for a commitment not exceeding fifteen days pursuant to the provisions of Section 32A-2-19 NMSA 1978, in which case the court retains jurisdiction.

A judgment [of]of ordering probation or [protective]protective supervision shall remain in force for an indeterminate period not to exceed the standard term of 14 commitment [fromfrom the date entered]entered. a court is authorized to order for the child.

[AA child shall be released by an agency and]and eprobation t 17 Probation or supervision shall be terminated [by]by before the w l n d 18 expiration of the judgment if juvenile probation [andand parole]parole = = 19 services or the agency providing supervision [whenwhen it appears]appears a l i a e r 20 determines that [thethe purpose of the order has been achieved a t m m 21 before the expiration of the period of the judgment.

A]A drelease r e 22 continued probation or supervisiontermination isand not necessary because the creasons etherefor sshall kbe 23reported childpromptly hasto substantiallythe compliedcourt within thewriting conditionsby of the ereleasing aauthority. n b 24 probation or supervision.

Thee releaset or17 terminationD. and the u [ reasons [therefor] for release or termination shall be reported .232326.4 - 40 - promptly to the court in writing [by the releasing authority].

D.Prior to the expiration of a short-term w l n d 18 commitment of one year, as provided for in Section 32A-2-19 = = 19 NMSA 1978, the court may extend the judgment for up to one six- a l i a e r 20 month period if the court finds that the extension is necessary a t m m 21 to safeguard the welfare of the child or the public safety.

PriorIf tod ther expiratione of22 a standard short-term commitment,commitment [ofis oneextended, year, as provided for in Section 32A-2-19 NMSA 1978] the courtmandatory may[ninety-day] extendc thee judgments fork up23 tosupervised onerelease, six-as monthrequired periodby ifSection the32A-2-19 courtNMSA finds1978, thate thea extensionn isb necessary24 toshall safeguardbe theincluded welfarein of the childextension. or the [public] safety of the public.

IfNotice aand short-termhearing commitmentare isu extended,[ therequired [mandatoryfor ninety-day]any termextension of a child'sjuvenile's supervisedcommitment. release [as] required by Section [32A-2-19] 32A-2-19.1 NMSA 1978 shall be included in the extension.

Notice.233606.5 and- hearing30 are- requiredSJC/SB for165 anyE. extension of a [juvenile's] child's commitment.

E.Prior to the expiration of a long-term commitment, as provided for in Section 32A-2-19 NMSA 1978, the court may extend the judgment for additional periods of one year until the child reaches the age of twenty-one if the court finds that the extension is necessary to safeguard the welfare of the child or the public safety.

PriorIf to the expiration of a standard long-term commitment,commitment [asis providedextended, for in Section 32A-2-19 NMSA 1978] the 14mandatory court[ninety-day] maysupervised extendrelease, theas judgmentrequired forby additionalSection periods32A-2-19 ofNMSA one1978, yearshall untilbe theincluded childin reaches the ageextension. of [twenty-one] twenty- five if the court finds that the extension is necessary to e t 17 safeguard the welfare of the child or the [public] safety of w l n d 18 the public.

IfNotice aand long-termhearing commitmentare isrequired extended,for theany =extension = 19 [mandatory ninety-day] term of the child's supervised release a ljuvenile's icommitment. a e r 20 [as] required by Section [32A-2-19] 32A-2-19.1 NMSA 1978 shall a t m m 21 be included in the extension.

NoticeF. and hearing are required d r e 22 for any extension of a [juvenile's] child's commitment.

cPrior eto sthe kexpiration 23of F.a judgment of probation, the court may extend the judgment for an additional period of one year until the child reaches the age of twenty- one if the court finds that the extension is necessary to protect the community or to safeguard the welfare of the child.

Prior to the expiration of a judgment of e a n b 24 probation, the court may extend the judgment for an additional u [ period of one year until the child reaches the age of [twenty- .232326.4 - 41 - 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.

The court may dismiss a motion toif modifyit afinds dispositionafter ife [itt finds]17 after preliminary investigation the court determines that the motion is without [substance]substance. merit.

w l n d 18 If the court [isis of the opinion]opinion determines that the matter should be = = 19 reviewed, [itit may, upon notice to all necessary parties, proceed to]a thel courti shalla holde r 20 to a hearing [inin the manner provided for hearings on petitions alleginga delinquency]t afterm givingm notice21 toalleging thedelinquency. necessary parties.

The court may terminate a judgment if it d r e 22 finds that the child is no longer in need of care, supervision c e s k 23 or rehabilitation or it may enter a 14 judgment extending or e a n b 24 modifying the original judgment if it finds that action u [ necessary to safeguard the child or the [publicpublic interest]interest. safety of the public.

e.233606.5 t- 1731 - SJC/SB 165 H.

[A]A An adjudicated delinquent child may [make]make w l n d 18 file a motion to requestmodify a hearing to modify [a children's = = 19 court or adult]adult the child's disposition within thirty days [ofof a l i a e r 20 the judge's decision]decision. from the date of the dispositional a t m m 21 judgment.

If the court [isis of the opinion that the matter d r e 22 should be reviewed, it may, upon notice to all necessary c e s k 23 parties, proceed to]to determines that the child's request has e a n b 24 merit, the court shall hold a hearing [inin the manner provided u [ for hearings on petitions alleging delinquency]delinquency. on the request .232326.4 - 42 - after notice is given to the necessary parties.

The department [maymay seek a bench warrant from the court when the] shall give notice to the court if a child absconds from probationsupervised orrelease." supervisionSECTION or9. from supervised release.

UponSection receiving32A-2-25 suchNMSA notice,1978 the(being courtLaws shall1993, issueChapter a77, warrantSection for54, theas child'samended) arrest."is SECTIONamended 12.to read:

Section"32A-2-25. 32A-2-24 NMSA 1978 (being Laws 1993, Chapter 77, Section 53, as amended) is amended to read:

"32A-2-24.[PAROLE] SUPERVISED RELEASE REVOCATION-- PROCEDURES--TOLLING.-- A.

PROBATIONA REVOCATION--DISPOSITION.--child A.on [parole from an agency that has legal custody] supervised release who violates a [term of parole] condition of the supervised release may be proceeded against in a [parole] supervised release revocation proceeding conducted e t 17 by the department or the supervising agency or by a hearing w l n d 18 officer contracted by the department who is neutral to the = = 19 child and the agency in accordance with procedures established a l i a e r 20 by the department in cooperation with the juvenile [parole] a t m m 21 public safety advisory board.

[A]A Ifjuvenile anprobation adjudicated[and d r e 22 parole] officer may detain a child on probation[parole [incidentstatus] toc ane adjudications ask a23 delinquentsupervised childrelease who]who violatesis alleged to have violated a [term]term or e a n b 24 condition of [parole] the probation,supervised [mayrelease beuntil proceededthe againstu in[ completion and review of a probationpreliminary [parole] supervised .233606.5 - 32 - SJC/SB 165 release revocation proceeding.hearing.

A proceedingchild tomay 14waive revoke probation shall be begun by filing in the originalright proceedingto a petitionpreliminary styled[parole] assupervised arelease "petitionrevocation tohearing revokeafter probation"]consultation with the children'schild's courtattorney, attorneyparent, mayguardian fileor acustodian. petition e t 17 to revoke the child's probation.

Petitions to revoke probation w l n d 18 shall be screened, reviewed and prepared in the same manner and = = 19 shall contain the same information as petitions alleging a l i a e r 20 delinquency.

[Procedures of the Delinquency Act regarding a t m m 21 taking into custody and detention shall apply.] The petition d r e 22 shall state the terms of probation alleged to have been c e s k 23 violated and the factual basis for [these] the allegations.

e a n b 24 B.

The standard of proof in probation revocation u [ proceedings shall be evidence beyond a reasonable doubt and the .232326.4 - 43 - 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 14 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." e t 17 SECTION 13.

Section 32A-2-25 NMSA 1978 (being Laws 1993, w l n d 18 Chapter 77, Section 54, as amended) is amended to read:

= = 19 "32A-2-25.

[PAROLE] REVOCATION OF SUPERVISED RELEASE-- a l i a e r 20 PROCEDURES.-- a t m m 21 A.

[A child on parole from an agency that has legal d r e 22 custody who violates a term of parole may be proceeded against c e s k 23 in a parole revocation proceeding conducted by the department e a n b 24 or the supervising agency or by a hearing officer contracted by u [ the department who is neutral to the child and the agency in .232326.4 - 44 - 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.

AIf juvenilea probationretake [andwarrant parole]is officerissued mayby detainthe adepartment childupon onthe [parolecompletion statusof whothe ispreliminary alleged[parole] to have] supervised release ifrevocation hearing, the officerjuvenile hasinstitution probableto causewhich that the 14warrant childis violatedissued ashall [termpromptly or]transport conditionthe ofchild [parole]to that institution at the supervisedexpense release.of the department.

AIf a child detainedabsconds pursuantfrom to[parole thissupervision] subsectionsupervised shallrelease remainand is apprehended in detentionanother untilstate after the completionissuance [andof reviewa retake warrant by the department, the juvenile justice division of athe edepartment tshall 17cause preliminarythe parole]return of the revocationchild hearing.to this state at the expense of the department.

[AC. child may w l n d 18 waive the right to a preliminary parole revocation hearing = = 19 after consultation with the child's attorney, parent, guardian a l i a e r 20 or custodian.

The issuance of a twarrant mpursuant mto 21Subsection B.B of this section shall toll the child's supervised release e t 17 term.

IfAfter a retakehearing upon return of the warrant isor issueda byhearing thew departmentl n d r18 eto 22quash uponthe warrant, if the completioncourt offinds that the preliminarychild parole= revocation= c19 knowingly and willfully absconded from supervised release, the a l i a e sr k20 23period hearing,between the juveniledate institutionof tothe whichviolation and the date the child a t m m 21 is apprehended or the date the warrant is quashed shall not be d r e a22 ncounted bas 24time issuedserved shallon promptlysupervised transportrelease and the childtolled toc thate institutions uk [23 atperiod theshall expensebe ofadded to the department.]supervised .232326.4release -term." 45e -a C.n b 24 SECTION 10.

IfSection a33-9A-2 child'sNMSA supervised1978 release(being isLaws revoked,1988, theu department[ shallChapter issue101, aSection notice40, ofas revocationamended) tois aamended juvenileto correctionsread: facility.

Upon.233606.5 receiving- such33 notice,- theSJC/SB facility165 shall"33-9A-2. immediately take custody of the child for the remainder of the commitment.

D.DEFINITIONS.--As used in the Juvenile Community Corrections Act:

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

The issuance of a warrant upon an allegation that the child has absconded from supervised release shall toll 14 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 e t 17 time from the date of the violation to the date of the child's w l n d 18 arrest or quashing of the warrant shall not be counted as time = = 19 served on supervised release and the tolled time shall be added a l i a e r 20 to the supervised release term." a t m m 21 SECTION 14.

Section 33-9A-2 NMSA 1978 (being Laws 1988, d r e 22 Chapter 101, Section 40, as amended) is amended to read:

c e s k 23 "33-9A-2.

DEFINITIONS.--As used in the Juvenile Community e a n b 24 Corrections Act:

u [ [A.

"delinquent" means a child adjudicated .232326.4 - 46 - delinquent pursuant to the Children's Code;

(1) childrenpersons 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 adultadult, who have not yet been adjudicated or who will not be adjudicated pursuant to the Delinquency Act;

or 14e t 17 (3) persons involved in the juvenile justice w l n d 18 system or criminal justice system who are at least eighteen = = 19 years old but less than twenty-sixtwenty-five years old;

a l i a e r 20 D.

"secretary" means the secretary of children, ea t 17m m 21 youth and families;

and wd lr ne d22 18 E.

"volunteer services" means services provided by =c =e 19s k 23 individuals or organizations without compensation." ae l i a en rb 2024 SECTION 15.11.

Section 33-9A-3 NMSA 1978 (being Laws 1988, au t[ m m 21 Chapter 101, Section 41, as amended) is amended to read:

d.233606.5 r- e34 22- SJC/SB 165 "33-9A-3.

JUVENILE COMMUNITY CORRECTIONS GRANT FUND c e s k 23 CREATED--PURPOSE--ADMINISTRATION--REPORT.-- e a n b 24 A.

[There is created in the state treasury] The u [ "juvenile community corrections grant fund" [to be administered .232326.4by - 47 - by] is created in the statedepartment. treasury.

All balances in the fund are appropriated to the department to carry out the purposes of the fund, and] is created in the state treasury.

TheMoney in the fund is appropriated to the department [Allto balances]carry shallout administerthe provisions of the fund.Juvenile Community Corrections Act.

MoneyNo inmoney theshall be transferred to another fund [are]or isbe appropriatedencumbered toor thedisbursed departmentin toany carrymanner outexcept theas purposesprovided ofin the fund.Juvenile Community Corrections Act.

[and[Disbursements] noExpenditures moneyfrom the fund shall be transferred[made only upon warrant drawn] by warrant of the secretary of finance and administration pursuant to anothervouchers funde ort be17 encumberedsigned orby disbursedthe insecretary anyof mannerchildren, exceptyouth asand providedfamilies inor the Juvenilew Communityl Correctionsn Act.d 18 secretary's authorized representative.

Disbursements]= Expenditures= from19 theB. 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.

14Money B.in the fund shall be used by the a l i a e r 20 department to make grants to counties, municipalities or a t m m 21 private organizations, individually or jointly, to provide d r e 22 community corrections programs [and services for the diversion c e s k 23 of adjudicated delinquents to community-based settings.

MoneyNo ine thea fundn shallb be24 usedgrant byshall thebe departmentmade to makea grants to counties, municipalities or private organizations,organization individuallythat oris jointly,not toa provideu e[ tnonprofit 17organization] [community corrections] programs and services for [thejustice-involved wyouth. l n d 18 diversion of adjudicated delinquents to community-based = = 19 settings.

No]A justice-involvedgrant youth..233606.5 - 35 - SJC/SB 165 shall not be made to a private, for-profit or commercial organization without the approval of the secretary.

AThe grantdepartment shallmay notalso beuse amoney lin ithe afund e r 20 made to a[contract private,directly for-profitfor or commercialoperate organizationjuvenile [thatcommunity acorrections tprograms] moperate mor 21contract isfor not a nonprofit organization] without the approvaloperation of thea dcommunity rcorrections eprogram 22for secretary.justice-involved youth.

TheC. department may also use money in the fund to c e s k 23 provide or directly contract [directly] for [or operate e a n b 24 juvenile community corrections programs] services for justice- u [ involved youth.

.232326.4 - 48 - C.

[After notice and public hearing as required by law]law, Thethe secretary shall [adoptadopt regulations that provide standards]standards for] The secretary shall promulgate rules for the qualifications [for grants] of grantees, priorities for awarding of grants and [other]other standards [regarding juvenilejuvenile] for e t 17 community corrections programs deemed[deemed necessary] for eligiblejustice- programsw orl servicesn ford justice-involved18 involved youth;

provided that,that at minimum, eligible programs or = = 19 services shall be evidence- or research-based.

The 14 department a l i a e r 20 shall review and approve or disapprove all grant applications fora grantst m m 21 submitted pursuant to the Juvenile Community Corrections Act d r e 22 [for a grant of funds from the fund].

c e ts 17k 23 E.

TheOn departmentor shallbefore submitDecember an15 annualof reporteach toyear, w l n d 18 the governore anda legislaturen [notb later24 than]department onshall orsubmit beforean =annual =report 19to Decemberthe 15governor [providingand information]u of[ eachlegislature year[not onlater grantthan aDecember l15 iproviding ainformation e.233606.5 r- 2036 awards- [program]SJC/SB made,165 theon effectivenessgrant ofawards] granteethat programs,provides ainformation ton mgrants mawarded, 21program effectiveness, [and] the department's monitoring efforts and [making] the d r e 22 department's recommendations, [as necessary to carry out the c e s k 23 purpose of the fund] if applicable.

e a n b 24 F.

The department may accept donations, payments, u [ contributions, gifts or grants from whatever source for the .232326.4 - 49 - benefit of the fund." SECTION 16.12.

providedprovided] that] individually or jointly.

e t 17 (1) the [application is for]for requested grant funding willa beprogram usedw forl an programd [with18 with priority use being for delinquents selected pursuant to = = 19 the provisions of Section 14 33-9A-5 NMSA 1978] thatapplicant prioritizeswill servicesuse toa childrenl ori adultsa whoe werer adjudicated20 pursuanta togrant theaward Delinquencyfor Act;a community corrections program that a t m m 21 prioritizes services to justice-involved youth;

d r e 22 (2) the applicant [certifies that it is c e ts 17k 23 willing and able to] or the applicant's agents or contractors we la n db 1824 will operate the program according to standards provided[provided] u [ adopted by the =department =[which 19may department;include the negotiation of .233606.5 - 37 - SJC/SB 165 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.

[whichIn mayaddition includeto themonetary negotiationrestitution, ofto athe contractextent apractical, lor iif amonetary erestitution ris 20not betweenapplicable, the delinquentcontract andmay programinclude staffprovision withfor provisionscommunity suchservice arestitution t m m 21 as deductions from employment income for applicablea victimspecific dnumber rof ehours]; 22 restitution, family support, room and board, savings and weekly c e s k 23 allowance.

In addition to monetary restitution, to the extent e a n b 24 practical, or if monetary restitution is not applicable, the u [ contract may include provision for community service .232326.4 - 50 - restitution for a specific number of hours;] (3) the [applicant demonstrates the support of key components of the criminal justice system] applicant's programcommunity orcorrections servicesprogram for justice-involved youth is research-evidence- basedor research-based and incorporates best practices in risk reduction for justice-involvedjustice- involved youth;