SENATE BILL 403
54th legislature - STATE OF NEW MEXICO - first session, 2019
Bill B. O'Neill and Patricio Ruiloba
RELATING TO JUVENILE JUSTICE; CREATING THE JUVENILE PAROLE BOARD; PROVIDING FOR MEMBERSHIP, POWERS AND DUTIES; PROVIDING STANDARDS FOR PAROLE ELIGIBILITY; MAKING TECHNICAL AND CONFORMING CHANGES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--Sections 1 through 9 of this act may be cited as the "Juvenile Parole Act"."
SECTION 2. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] JUVENILE PAROLE BOARD--TERMS--DIRECTOR.--
A. The "juvenile parole board" is created, consisting of three members appointed by the governor. The juvenile parole board is administratively attached to the department. The terms of board members shall be six years, and members shall serve until replaced. A board member may serve multiple terms.
B. The governor shall appoint a director as the administrative officer of the juvenile parole board. The director shall employ other staff as is necessary to carry out the duties of the board. Employees shall be employed in classified positions and shall be subject to the provisions of the Personnel Act."
SECTION 3. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] REMOVAL--VACANCIES.--Members of the juvenile parole board may be removed by the governor as provided in Article 5, Section 5 of the constitution of New Mexico. Vacancies shall be filled by the governor for the remainder of the unexpired term."
SECTION 4. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] QUALIFICATIONS OF BOARD.--Members of the juvenile parole board shall be persons qualified by education or professional training in such fields as criminology, education, psychology, psychiatry, law, social work or sociology. No board member shall be an official or employee of any federal, state or local governmental entity."
SECTION 5. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] CHAIR.--The governor shall designate one juvenile parole board member to serve as chair."
SECTION 6. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] POWERS AND DUTIES OF THE BOARD.--
A. The juvenile parole board shall:
(1) grant, deny or revoke parole for children;
(2) conduct or cause to be conducted investigations, examinations, interviews, hearings and other proceedings as necessary for the effectual discharge of the duties of the board;
(3) serve as an ombudsman to receive complaints concerning department personnel or facilities entrusted with the detention, care or rehabilitation of children pursuant to the Children's Code;
(4) report bimonthly to the governor on the state of facilities entrusted with the detention, care or rehabilitation of children pursuant to the Children's Code;
(5) maintain records of its acts, decisions and orders and notify each agency affected by its decisions;
(6) adopt an official seal of which the courts shall take judicial notice; and
(7) adopt a written policy specifying the criteria to be considered by the board in determining whether to grant, deny or revoke parole or to discharge a child from parole.
B. The juvenile parole board may:
(1) summon witnesses, books, papers, reports, documents or tangible things and administer oaths as necessary for the effectual discharge of the duties of the board;
(2) adopt rules and regulations as necessary for the effectual discharge of the duties of the board; and
(3) contract or otherwise provide for services, supplies, equipment, office space and other provisions as necessary to effectively discharge the duties of the board.
C. At least thirty days before ordering a parole, the juvenile parole board shall notify the children's court judge of the judicial district from which legal custody of the child was transferred. The judge may express the judge's views on the child's prospective parole, either in writing or personally, to the board, but the final parole decision shall be that of the board. A copy of the final parole decision shall be filed with the court of original jurisdiction. In the event venue has been transferred pursuant to Section 32A-1-9 NMSA 1978, a copy of the board's decision shall also be filed with the children's court to which venue has been transferred.
D. Before ordering the parole of any child, the juvenile parole board shall personally interview the child. The board shall furnish to each child paroled a written statement of the conditions of parole, which conditions shall be acknowledged by the child and the child's parent, custodian or guardian.
E. The juvenile parole board shall provide the child and the child's parent, custodian or guardian with a written statement of the reason for denying parole within forty-eight hours."
SECTION 7. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] COMPENSATION.--The members of the juvenile parole board shall receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."
SECTION 8. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] PAROLE ELIGIBILITY.--
A. A child is eligible to appear before the juvenile parole board forty days after the entry of a judgment transferring legal custody of the child to an agency for the care and rehabilitation of delinquent children, unless recommended for an earlier appearance by the agency responsible for the care and rehabilitation.
B. If parole is denied, the child shall be eligible for review sixty days after the date of the denial.
C. If parole is denied, and the department recommended parole, within ten days after the denial of parole, the department shall transmit all of the child's records to district court of the judicial district from which legal custody of the child was transferred for review. The court shall review the matter without a formal hearing and shall affirm the juvenile parole board's decision or grant the child parole. If the juvenile parole board's decision is affirmed, the child shall be eligible for review sixty days after the date of the district court's order affirming the juvenile parole board's decision.
D. Except as provided in Subsection C of this section, the juvenile parole board may review the case of any child upon its own motion at any time after parole is denied."
SECTION 9. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] ACCESS.--The juvenile parole board shall have access at all reasonable times to any child over whom the board has jurisdiction under the Juvenile Parole Act and any records pertaining to the child. The agency to which legal custody of a child was transferred shall also provide the board with facilities for communicating with and interviewing the child."
SECTION 10. Section 22-13-33 NMSA 1978 (being Laws 2017, Chapter 64, Section 1) is amended to read:
"22-13-33. APPOINTING A POINT OF CONTACT PERSON FOR CERTAIN STUDENTS.--
A. As used in this section:
(1) "foster care" means twenty-four-hour substitute care for a student placed away from the student's parents or guardians and for whom the children, youth and families department has placement and care responsibility, including placements in foster family homes, foster homes of relatives, group homes, emergency shelters, treatment foster homes, residential facilities, child care institutions and preadoptive homes. For the purposes of this section, a student is in foster care regardless of whether the foster care facility is licensed and payments are made by the state, tribal or local agency for the care of the student, whether adoption subsidy payments are being made prior to the finalization of an adoption or whether there is federal matching of any payments that are made; and
(2) "involved in the juvenile justice system" means a student who has been referred to the children, youth and families department due to allegations that the student has committed a delinquent offense and voluntary or involuntary conditions have been imposed on the student, including a student who is participating in a diversion program, is under a consent decree or time waiver, is currently supervised by the children, youth and families department, has recently entered or left a juvenile or criminal justice placement or is on [supervised release or] parole.
B. Each school district and charter school authorized by the department shall designate an individual to serve as a point of contact for students in foster care and students involved in the juvenile justice system. Charter schools authorized by school districts shall use the district's point of contact. Multiple school districts or charter schools authorized by the department may share a single designated point of contact with approval from the department and from the children, youth and families department.
C. For students transferring into the school district or charter school authorized by the department, the point of contact person shall be responsible for:
(1) ensuring that a student is immediately enrolled regardless of whether the records normally required for enrollment are produced by the last school the student attended or by the student;
(2) ensuring that the enrolling school communicates with the last school attended by a transferring student to obtain relevant academic and other records within two business days of the student's enrollment;
(3) ensuring that the enrolling school performs a timely transfer of credits that the student earned in the last school attended; and
(4) collaborating with the education program staff in a juvenile or criminal justice placement and the educational decision maker appointed by the children's court to create and implement a plan for assisting the transition of a student to the school district or charter school authorized by the department to minimize disruption to the student's education.
D. For students transferring out of the school district or charter school authorized by the department, the point of contact person shall be responsible for providing all records to the new school within two business days of receiving a request from the receiving school.
E. For students in foster care, the point of contact person shall be responsible for:
(1) complying with state policies and developing school district or charter school policies in collaboration with the children, youth and families department for:
(a) best interest determinations about whether the student will remain in the school of origin;
(b) transportation policies to ensure that students receive transportation to their school of origin if it is in their best interest to remain in the school of origin; and
(c) dispute resolution;
(2) convening or participating in best interest determination meetings in collaboration with the children, youth and families department pursuant to state policies and the school district's or charter school authorized by the department's policies; and
(3) ensuring that transportation occurs to the student's school of origin pursuant to the school district's or charter school authorized by the department's policies and in compliance with state policies.
F. For students in foster care and students involved in the juvenile justice system, the point of contact person shall be responsible for:
(1) ensuring that a student has equal opportunity to participate in sports and other extracurricular activities, career and technical programs or other special programs for which the student qualifies;
(2) ensuring that a student in high school receives timely and ongoing assistance and advice from counselors to improve the student's college and career readiness;
(3) ensuring that a student receives all special education services and accommodations to which the student is entitled under state and federal law;
(4) identifying school staff at each school site who can ensure that students are appropriately supported throughout their enrollment;
(5) supporting communication among the school; the children, youth and families department; the student; the student's educational decision maker appointed by the children's court; caregivers; and other supportive individuals that the student identifies to ensure that the responsibilities listed in this subsection are implemented; and
(6) ensuring that other school staff and teachers have access to training and resources about the educational challenges and needs of system-involved youth, including trauma-informed practices and the impact of trauma on learning.
G. The children, youth and families department shall notify a school when a student in the school enters foster care or a student in foster care enrolls in a school.
H. The student or the student's educational decision maker may notify a school that the student is involved in the juvenile justice system to obtain support and services from the point of contact."
SECTION 11. Section 32A-2-3 NMSA 1978 (being Laws 1993, Chapter 77, Section 32, as amended) is amended to read:
"32A-2-3. DEFINITIONS.--As used in the Delinquency Act:
A. "delinquent act" means an act committed by a child that would be designated as a crime under the law if committed by an adult, including the following offenses:
(1) any of the following offenses pursuant to municipal traffic codes or the Motor Vehicle Code:
(a) driving while under the influence of intoxicating liquor or drugs;
(b) failure to stop in the event of an accident causing death, personal injury or damage to property;
(c) unlawful taking of a vehicle or motor vehicle;
(d) receiving or transferring of a stolen vehicle or motor vehicle;
(e) homicide by vehicle;
(f) injuring or tampering with a vehicle;
(g) altering or changing of an engine number or other vehicle identification numbers;
(h) altering or forging of a driver's license or permit or any making of a fictitious license or permit;
(i) reckless driving;
(j) driving with a suspended or revoked license; or
(k) an offense punishable as a felony;
(2) buying, attempting to buy, receiving, possessing or being served any alcoholic liquor or being present in a licensed liquor establishment, other than a restaurant or a licensed retail liquor establishment, except in the presence of the child's parent, guardian, custodian or adult spouse. As used in this paragraph, "restaurant" means an establishment where meals are prepared and served primarily for on-premises consumption and that has a dining room, a kitchen and the employees necessary for preparing, cooking and serving meals. "Restaurant" does not include an establishment, as defined in regulations promulgated by the director of the special investigations [division] unit of the department of public safety, that serves only hamburgers, sandwiches, salads and other fast foods;
(3) a violation of Section 30-29-2 NMSA 1978, regarding the illegal use of a glue, aerosol spray product or other chemical substance;
(4) a violation of the Controlled Substances Act;
(5) escape from the custody of a law enforcement officer or a juvenile probation or parole officer or from any placement made by the department by a child who has been adjudicated a delinquent child;
(6) a violation of Section 30-15-1.1 NMSA 1978 regarding unauthorized graffiti on personal or real property; or
(7) a violation of an order of protection issued pursuant to the provisions of the Family Violence Protection Act;
B. "delinquent child" means a child who has committed a delinquent act;
C. "delinquent offender" means a delinquent child who is subject to juvenile sanctions only and who is not a youthful offender or a serious youthful offender;
D. "detention facility" means a place where a child may be detained under the Children's Code pending court hearing and does not include a facility for the care and rehabilitation of an adjudicated delinquent child;
E. "felony" means an act that would be a felony if committed by an adult;
F. "misdemeanor" means an act that would be a misdemeanor or petty misdemeanor if committed by an adult;
G. "restitution" means financial reimbursement by the child to the victim or community service imposed by the court and is limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical, psychiatric and psychological treatment for injury to a person and lost wages resulting from physical injury, which are a direct and proximate result of a delinquent act. "Restitution" does not include reimbursement for damages for mental anguish, pain and suffering or other intangible losses. As used in this subsection, "victim" means a person who is injured or suffers damage of any kind by an act that is the subject of a complaint or referral to law enforcement officers or juvenile probation authorities. Nothing contained in this definition limits or replaces the provisions of Subsections A and B of Section 32A-2-27 NMSA 1978;
H. "serious youthful offender" means an individual fifteen to eighteen years of age who is charged with and indicted or bound over for trial for first degree murder. A "serious youthful offender" is not a delinquent child as defined pursuant to the provisions of this section; and
[I. "supervised release" means the release of a juvenile, whose term of commitment has not expired, from a facility for the care and rehabilitation of adjudicated delinquent children, with specified conditions to protect public safety and promote successful transition and reintegration into the community. A juvenile on supervised release is subject to monitoring by the department until the term of commitment has expired and may be returned to custody for violating conditions of release; and
J.] I. "youthful offender" means a delinquent child subject to adult or juvenile sanctions who is:
(1) fourteen to eighteen years of age at the time of the offense and who is adjudicated for at least one of the following offenses:
(a) second degree murder, as provided in Section 30-2-1 NMSA 1978;
(b) assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978;
(c) kidnapping, as provided in Section 30-4-1 NMSA 1978;
(d) aggravated battery, as provided in Subsection C of Section 30-3-5 NMSA 1978;
(e) aggravated battery against a household member, as provided in Subsection C of Section 30-3-16 NMSA 1978;
(f) aggravated battery upon a peace officer, as provided in Subsection C of Section 30-22-25 NMSA 1978;
(g) shooting at a dwelling or occupied building or shooting at or from a motor vehicle, as provided in Section 30-3-8 NMSA 1978;
(h) dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978;
(i) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;
(j) robbery, as provided in Section 30-16-2 NMSA 1978;
(k) aggravated burglary, as provided in Section 30-16-4 NMSA 1978;
(l) aggravated arson, as provided in Section 30-17-6 NMSA 1978; or
(m) 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, 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. The felony adjudications relied upon as prior adjudications shall not have arisen out of the same transaction or occurrence or series of events related in time and location. Successful completion of consent decrees [are] is not considered a prior adjudication for the purposes of this paragraph; or
(3) fourteen years of age and who is adjudicated for first degree murder, as provided in Section 30-2-1 NMSA 1978."
SECTION 12. Section 32A-2-5 NMSA 1978 (being Laws 1993, Chapter 77, Section 34, as amended) is amended to read:
"32A-2-5. JUVENILE PROBATION AND PAROLE SERVICES--ESTABLISHMENT--JUVENILE PROBATION AND PAROLE OFFICERS--POWERS AND DUTIES.--
A. Juvenile probation and parole services shall be provided by the department.
B. To carry out the objectives and provisions of the Delinquency Act, but subject to its limitations, the department has the power and duty to:
(1) receive and examine complaints and allegations that a child is a delinquent child for the purpose of considering beginning a proceeding pursuant to the provisions of the Delinquency Act;
(2) make case referrals for services as appear appropriate or desirable;
(3) make predisposition studies and assessments and submit reports and recommendations to the court;
(4) supervise and assist a child placed on probation or [supervised release] parole or under supervision by court order or by the department;
(5) give notice to any individual who has been the subject of a petition filed pursuant to the provisions of the Delinquency Act of the sealing of that individual's records in accordance with that act;
(6) informally dispose of up to three misdemeanor charges brought against a child within two years;
(7) give notice to the children's court attorney of the receipt of any felony complaint and of any recommended adjustment of such felony complaint;
(8) identify an Indian child for the purpose of contacting the Indian child's tribe in delinquency cases; and
(9) contact an Indian child's tribe to consult and exchange information for the purpose of preparing a predisposition report when commitment or placement of an Indian child is contemplated or has been ordered and indicate in the report the name of the person contacted in the Indian child's tribe and the results of the contact.
C. 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."
SECTION 13. Section 32A-2-19 NMSA 1978 (being Laws 1993, Chapter 77, Section 48, as amended) is amended to read:
"32A-2-19. DISPOSITION OF AN ADJUDICATED DELINQUENT OFFENDER.--
A. At the conclusion of the dispositional hearing, the court may make and include in the dispositional judgment its findings on the following:
(1) the interaction and interrelationship of the child with the child's parents and siblings and any other person who may significantly affect the child's best interests;
(2) the child's adjustment to the child's home, school and community;
(3) the mental and physical health of all individuals involved, including consideration of such factors as the child's brain development, maturity, trauma history and disability;
(4) the wishes of the child as to the child's custodian;
(5) the wishes of the child's parents as to the child's custody;
(6) whether there exists a relative of the child or other individual who, after study by the department, is found to be qualified to receive and care for the child;
(7) the availability of services recommended in the predisposition report; and
(8) the ability of the parents to care for the child in the home.
B. If a child is found to be delinquent, the court may impose a fine not to exceed the fine that could be imposed if the child were an adult and may enter its judgment making any of the following dispositions for the supervision, care and rehabilitation of the child:
(1) transfer legal custody to the department, an agency responsible for the care and rehabilitation of delinquent children, which shall receive the child at a facility designated by the secretary of the department as a juvenile reception facility. The department shall thereafter determine the appropriate placement, supervision and rehabilitation program for the child. The judge may include recommendations for placement of the child. Commitments are subject to limitations and modifications set forth in Section 32A-2-23 NMSA 1978. The types of commitments include:
(a) a short-term commitment of one year in a facility for the care and rehabilitation of adjudicated delinquent children. No more than nine months shall be served at the facility and no less than ninety days shall be served on [supervised release] parole, unless: 1) a petition to extend the commitment has been filed prior to the commencement of [supervised release] parole; 2) the commitment has been extended pursuant to Section 32A-2-23 NMSA 1978; or 3) [supervised release] parole is revoked pursuant to Section 32A-2-25 NMSA 1978;
(b) a long-term commitment for no more than two years in a facility for the care and rehabilitation of adjudicated delinquent children. No more than twenty-one months shall be served at the facility and no less than ninety days shall be served on [supervised release] parole, unless: 1) [supervised release] parole is revoked pursuant to Section 32A-2-25 NMSA 1978; or 2) the commitment is extended pursuant to Section 32A-2-23 NMSA 1978;
(c) if the child is a delinquent offender who committed one of the criminal offenses set forth in Subsection I 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;
(2) place the child on probation under those conditions and limitations as the court may prescribe;
(3) place the child in a local detention facility that has been certified in accordance with the provisions of Section 32A-2-4 NMSA 1978 for a period not to exceed fifteen days within a three hundred sixty-five day time period; or if a child is found to be delinquent solely on the basis of Paragraph (3) of Subsection A of Section 32A-2-3 NMSA 1978, the court shall only enter a judgment placing the child on probation or ordering restitution or imposing a fine not to exceed the fine that could be imposed if the child were an adult or any combination of these dispositions; or
(4) if a child is found to be delinquent solely on the basis of Paragraph (2), (3) or (4) of Subsection A of Section 32A-2-3 NMSA 1978, the court may make any disposition provided by this section and may enter its judgment placing the child on probation and, as a condition of probation, transfer custody of the child to the department for a period not to exceed six months without further order of the court; provided that this transfer shall not be made unless the court first determines that the department is able to provide or contract for adequate and appropriate treatment for the child and that the treatment is likely to be beneficial.
C. When the child is an Indian child, the Indian child's cultural needs shall be considered in the dispositional judgment and reasonable access to cultural practices and traditional treatment shall be provided.
D. A child found to be delinquent shall not be committed or transferred to a penal institution or other facility used for the execution of sentences of persons convicted of crimes.
E. Whenever the court vests legal custody in an agency, institution or department, it shall transmit with the dispositional judgment copies of the clinical reports, predisposition study and report and other information it has pertinent to the care and treatment of the child.
F. Prior to any child being placed in the custody of the department, the department shall be provided with reasonable oral or written notification and an opportunity to be heard.
G. In addition to any other disposition pursuant to Subsection B of this section, the court may make an abuse or neglect report for investigation and proceedings as provided for in the Abuse and Neglect Act. The report may be made to a local law enforcement agency, the department or a tribal law enforcement or social service agency for an Indian child residing in Indian country.
H. In addition to any other disposition pursuant to this section or any other penalty provided by law, if a child who is fifteen years of age or older is adjudicated delinquent on the basis of Paragraph (2), (3) or (4) of Subsection A of Section 32A-2-3 NMSA 1978, the child's driving privileges may be denied or the child's driver's license may be revoked for a period of ninety days. For a second or a subsequent adjudication, the child's driving privileges may be denied or the child's driver's license revoked for a period of one year. Within twenty-four hours of the dispositional judgment, the court may send to the motor vehicle division of the taxation and revenue department the order adjudicating delinquency. Upon receipt of an order from the court adjudicating delinquency, the director of the motor vehicle division of the taxation and revenue department may revoke or deny the delinquent's driver's license or driving privileges. Nothing in this section may prohibit the delinquent from applying for a limited driving privilege pursuant to Section 66-5-35 NMSA 1978 or an ignition interlock license pursuant to the Ignition Interlock Licensing Act, and nothing in this section precludes the delinquent's participation in an appropriate educational, counseling or rehabilitation program.
I. In addition to any other disposition pursuant to this section or any other penalty provided by law, when a child is adjudicated delinquent on the basis of Paragraph (6) of Subsection A of Section 32A-2-3 NMSA 1978, the child shall perform the mandatory community service set forth in Section 30-15-1.1 NMSA 1978. When a child 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 the parent or legal guardian is the parent or legal guardian of a child adjudicated delinquent for committing graffiti."
SECTION 14. Section 32A-2-23 NMSA 1978 (being Laws 1993, Chapter 77, Section 52, as amended) is amended to read:
"32A-2-23. LIMITATIONS ON DISPOSITIONAL JUDGMENTS-- MODIFICATION--TERMINATION OR EXTENSION OF COURT ORDERS.--
A. A judgment transferring legal custody of an adjudicated delinquent child to an agency responsible for the care and rehabilitation of delinquent children divests the court of jurisdiction at the time of transfer of custody, unless the 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.
B. A judgment of probation or protective supervision shall remain in force for an indeterminate period not to exceed the term of commitment from the date entered.
C. A child shall be released by an agency and probation or supervision shall be terminated by juvenile probation and parole services or the agency providing supervision when it appears that the purpose of the order has been achieved before the expiration of the period of the judgment. A release or termination and the reasons therefor shall be reported promptly to the court in writing by the releasing authority.
D. Prior to the expiration of a short-term commitment of one year, as provided for in Section 32A-2-19 NMSA 1978, the court may extend the judgment for up to one six-month period if the court finds that the extension is necessary to safeguard the welfare of the child or the public safety. If a short-term commitment is extended, the mandatory ninety-day [supervised release] parole, as required by Section 32A-2-19 NMSA 1978, shall be included in the extension. Notice and hearing are required for any extension of a juvenile'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. If a long-term commitment
is extended, the mandatory ninety-day [supervised release]
parole, as required by Section 32A-2-19 NMSA 1978, shall be
included in the extension. Notice and hearing are required for
any extension of a juvenile's commitment.
F. Prior to the expiration of a judgment of probation, the court may extend the judgment for an additional period of one year until the child reaches the age of twenty-one if the court finds that the extension is necessary to protect the community or to safeguard the welfare of the child.
G. The court may dismiss a motion if it finds after preliminary investigation that the motion is without substance. If the court is of the opinion that the matter should be reviewed, it may, upon notice to all necessary parties, proceed to a hearing in the manner provided for hearings on petitions alleging delinquency. The court may terminate a judgment if it finds that the child is no longer in need of care, supervision or rehabilitation or it may enter a judgment extending or modifying the original judgment if it finds that action necessary to safeguard the child or the public interest.
H. A child may make a motion to modify a children's court or adult disposition within thirty days of the judge's decision. If the court is of the opinion that the matter should be reviewed, it may, upon notice to all necessary parties, proceed to a hearing in the manner provided for hearings on petitions alleging delinquency.
I. The department may seek a bench warrant from the court when the child absconds from [supervised release] parole."
SECTION 15. Section 32A-2-32 NMSA 1978 (being Laws 1993, Chapter 77, Section 61, as amended) is amended to read:
A. All records pertaining to the child, including all related social records, behavioral health screenings, diagnostic evaluations, psychiatric reports, medical reports, social studies reports, records from local detention facilities, client-identifying records from facilities for the care and rehabilitation of delinquent children, pre-parole or [supervised release] parole reports and supervision histories obtained by the juvenile probation office, parole officers and the juvenile public safety advisory board or in possession of the department, are confidential and shall not be disclosed directly or indirectly to the public.
B. The disclosure of all mental health and developmental disability records shall be made pursuant to the Children's Mental Health and Developmental Disabilities Act.
C. The records described in Subsection A of this section, other than mental health and developmental disability records, shall be disclosed only to any of the following, provided that the agency, person or institution receiving information shall not re-release the information without proper consent or as otherwise provided by law:
(1) court personnel;
(2) the child's court appointed special advocates;
(3) the child's attorney or guardian ad litem representing the child in any matter;
(4) department personnel;
(5) corrections department personnel;
(6) law enforcement officials when the request is related to the investigation of a crime;
(7) district attorneys or children's court attorneys;
(8) a state government social services agency in any state;
(9) those persons or entities of a child's Indian tribe specifically authorized to inspect such records pursuant to the federal Indian Child Welfare Act of 1978 or any regulations promulgated under that act; (10) tribal juvenile justice system and social service representatives;
(11) a foster parent, if the records are those of a child currently placed with that foster parent or of a child being considered for placement with that foster parent, when the disclosure of the information is necessary for the child's treatment or care and shall include only that information necessary to provide for treatment and care of the child;
(12) school personnel involved with the child if the records concern the child's educational needs, but shall only include that information necessary to provide for the child's educational planning and needs;
(13) a health care or mental health professional involved in the evaluation or treatment of the child, the child's parents, guardians or custodian or other family members;
(14) representatives of the protection and advocacy system;
(15) the child's parent, guardian or legal custodian when the disclosure of the information is necessary for the child's treatment or care and shall include only that information necessary to provide for the treatment or care of the child;
(16) any other person or entity, by order of the court, having a legitimate interest in the case or the work of the court who agrees not to otherwise release the records; and
(17) the child, if fourteen years of age or older.
D. If disclosure of otherwise confidential records is made to the child or any other person or entity pursuant to a valid release of information signed by the child, all victim or witness identifying information shall be redacted or otherwise deleted.
E. Whoever intentionally and unlawfully releases any information or records closed to the public pursuant to this section or releases or makes other unlawful use of records in violation of this section is guilty of a petty misdemeanor.
F. The department shall promulgate rules for implementing disclosure of records pursuant to this section and in compliance with state and federal law and the Children's Court Rules."
SECTION 16. Section 33-9A-4 NMSA 1978 (being Laws 1988, Chapter 101, Section 42, as amended) is amended to read:
A. Counties, municipalities or private organizations, individually or jointly, may apply for grants from the fund, including grants for counties or municipalities to purchase contractual services from private organizations; provided that:
(1) the application is for funding a program with priority use being for delinquents selected pursuant to the provisions of Section 33-9A-5 NMSA 1978;
(2) the applicant certifies that it is willing and able to operate the program according to standards provided by the department, which may include the negotiation of a contract between the delinquent and program staff with provisions such as deductions from employment income for applicable victim restitution, family support, room and board, savings and weekly allowance. In addition to monetary restitution, to the extent practical, or if monetary restitution is not applicable, the contract may include provision for community service restitution for a specific number of hours;
(3) the applicant demonstrates the support of key components of the criminal justice system;
(4) the applicant, if a private organization, demonstrates the support of the county and municipality where the program will provide services;
(5) the applicant certifies that it will utilize volunteer services as an integral portion of the program to the maximum extent feasible; and
(6) no class A county alone or in conjunction with any municipality within a class A county shall receive more than forty-nine percent of any money appropriated to the fund.
B. Notwithstanding the provisions of Subsection A of this section, the department may utilize the fund to place individuals eligible, or within twelve months of eligibility, for parole in community-based settings. The department may, in its discretion, require participation by a delinquent in a program as a condition of [supervised release] parole.
C. The department may utilize not more than twenty-five percent of the fund to contract directly for community corrections programs or to establish programs operated by the department; provided, however, that the department may utilize up to an additional ten percent of the fund to operate juvenile community corrections programs if, after a reasonable effort to solicit proposals, there are no satisfactory proposals from a community where it is determined that a program is necessary or if it becomes necessary to cancel a program as provided in the contract.
D. The department shall establish additional guidelines for allocation of funds under the Juvenile Community Corrections Act. An applicant shall retain the authority to accept or reject the placement of any delinquent in a program."
SECTION 17. REPEAL.--Sections 32A-2-23.1, 32A-2-23.2 and 32A-7A-1 through 32A-7A-8 NMSA 1978 (being Laws 2009, Chapter 239, Sections 23, 24 and 58 through 65, as amended) are repealed.
SECTION 18. APPLICABILITY.--The provisions of the Juvenile Parole Act apply to all children who, on July 1, 2019, are on parole or eligible to be placed on parole with the same effect as if that act had been in effect at the time they were placed on parole or became eligible to be placed on parole.
SECTION 19. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.
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