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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Sanchez, M

 

DATE TYPED:

02/04/01

 

HB

 

 

SHORT TITLE:

Juvenile Justice Department Act

 

SB

281

 

 

ANALYST:

Chabot

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

 

 

$750.0

 

Indeterminate

See Narrative

Non-Recurring

General Fund

 

Relates to Appropriation in The General Appropriation Act for the Juvenile Justice Program of the Children, Youth and Families Department

 

SOURCES OF INFORMATION

 

LFC Files

Attorney General (AG)

Children, Youth and Families Department (CYFD)

Juvenile Parole Board (JPB)

Public Defender Department

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 281 appropriates $750.0 from the general fund to the Juvenile Justice Department (to be created by the Bill) for the purpose of establishing the Juvenile Justice Department.  This bill amends statute from the New Mexico Children’s Code and CYFD to take the Juvenile Justice Program from CYFD and create it as a separate department.  The Juvenile Justice Department will administer laws and exercise functions related to juvenile justice exercised by CYFD.  The new department will consist of three divisions that mirror the organization of the program in CYFD.  These divisions will be administrative services, juvenile institutions and juvenile probation and parole.  JPB that currently is administratively attached to CYFD will be administratively attached to the new Juvenile Justice Department.  The effective date of the new department will be July 1, 2002.

 

 

Significant Issues

 

CYFD is generally opposed to this bill because it is not consistent with “national trends that show blending systems of care” and that they are trying to establish communication and collaboration among their programs to meet the needs of children and families.  Through targeted interventions as early as possible they hope to reduce the number of children that enter into the juvenile justice system.  Through the coordination of contract dollars to support safety net services, youth are being diverted from juvenile justice commitments and supported by programs in protective services and prevention and intervention.  The integrated Family Automated Client Tracking System allows the seamless transfer of information on individuals and families throughout the department.

 

The AG states the statute creates the Juvenile Justice Department and limits CYFD’s authority only to the adoption of rules to control the placement of children who are not delinquent offenders, youthful offenders or serious youthful offenders.  There may be limited circumstances where CYFD could obtain custody of one of these individuals and the statute should address how these cases should be handled.

 

JPB supports the new department to provide additional emphasis on the number of adjudicated children under state supervision.

 

FISCAL IMPLICATIONS

 

The appropriation of $750.0 contained in this bill is a non-recurring expense to the general fund. Any unexpended or unencumbered balance remaining at the end of fiscal year 2003 shall revert to the general fund.  The fiscal year 2003 appropriation to the Juvenile Justice Program in CYFD will be transferred to the new Juvenile Justice Department.  However, the bill creates an Administrative Services Division but does not provide any FTE’s or an appropriation to do so.  CYFD provides financial and personnel support for the entire agency in through program support.  The Juvenile Justice Department would have to expand their administrative function to include these areas.

 

ADMINISTRATIVE IMPLICATIONS

 

The existing staff of the Juvenile Justice Program of CYFD will have to develop a transition plan to implement the creation of a new department.  Provisions will need to be made to use CYFD’s financial accounting system until a separate financial system is established.  Agreements would have to be made on the use of FACTS between CYFD and the new department.

 

TECHNICAL ISSUES

 

Juvenile Corrections Officers no longer exist as a personnel classification; they have been merged with Juvenile Probation Officers into a new classification of Probation Officer and Corrections Treatment Specialists.  All references throughout the bill to Juvenile Probation Offices and Juvenile Corrections Officers should be changed accordingly.

 

The AG proposes the following change to address a perceived deficiency in the Children’s Code for  handling an incompetent juvenile accused of a violent offense.  It is based upon the procedures found in the adult statute under Mental Illness and Competency Code.

 

 

Ҥ 32A-2-21.

 

G.  A child's competency to stand trial or participate in his own defense may be raised by any party at any time during a proceeding.

            1.  If the court determines that [a child] an alleged delinquent offender is incompetent to stand trial or participate in his own defense, the court shall stay further proceedings on the petition until the child becomes competent to participate in the proceedings.  Where appropriate, the court may order treatment to enable the child to attain competency to stand trial, or may dismiss the petition without prejudice and initiate proceedings pursuant to the provisions of the Children's Mental Health and Developmental Disabilities Act.

            2.  If the court determines that a child who is a serious youthful offender or an alleged youthful offender is incompetent to stand trial or participate in his own defense, the court shall initiate proceedings under Sections 31-9-1.1 through 31-9-1.5 of the Mental Illness and Competency Code.  If the child is not committed pursuant to the Mental Illness and Competency Code, the court shall stay further proceedings on the petition and initiate proceedings pursuant to the provisions of the Children's Mental Health and Developmental Disabilities Act.  If the child is committed pursuant to the Mental Illness and Competency Code, the children's youth and families department shall retain legal custody during the period of commitment or until further order of the court.” 

 

The Public Defender Department strongly suggests that Section 32A-2-32(A)(B) be amended to allow the defense attorney access to confidential social histories, forensic evaluations, psychiatric reports, medical reports, social studies reports, pre-parole reports and supervision histories.

 

POSSIBLE QUESTIONS

 

  1. What is the most significant management improvement will result from this reorganization ?
  2. CYFD has put a lot of emphasis in intregation the Juvenile Justice Program into their organization including colocating the juvenile probation and parole office with the protective services office in Taos County, will this progress continue with the reorganization ?

 

GAC/njw:prr

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