SB0165

SENATE BILL 165

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

INTRODUCED BY

Linda M. Trujillo and Crystal Brantley

AN ACT

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

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 32A-2-3 NMSA 1978 (being Laws 1993, Chapter 77, Section 32, as amended) is amended to read:

"32A-2-3. DEFINITIONS.--As used in the Delinquency Act:

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

[A.] B. "delinquent act" means an act committed by a child that would be [designated] charged as a crime [under the law] if committed by an adult, [not including] except for an act that would be charged as a violation of Section 30-9-2 NMSA 1978, [including the following offenses] and includes:

(1) any of the following offenses [pursuant to] provided for by a municipal traffic [codes] code or the Motor Vehicle Code:

(a) driving while under the influence of intoxicating liquor or drugs;

(b) failure to stop in the event of an accident causing [death] personal injury or damage to property;

[(c) unlawful taking of a vehicle or motor vehicle;

(d) receiving or transferring of a stolen vehicle or motor vehicle;

(e)] (c) homicide by vehicle;

[(f)] (d) injuring or tampering with a vehicle;

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

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

[(i)] (g) reckless driving;

[(j)] (h) driving with a suspended or revoked license; or

[(k) an] (i) any other traffic offense punishable as a felony;

(2) buying, attempting to buy, receiving, possessing or being served any alcoholic liquor or being present in a licensed liquor establishment, other than a restaurant or a licensed retail liquor establishment, except in the presence of the child's parent, guardian, custodian or adult spouse; provided that as used in this paragraph, "restaurant" means an establishment where meals are prepared and served primarily for on-premises consumption and that has a dining room, a kitchen and the employees necessary for preparing, cooking and serving meals ["Restaurant"] but does not include an establishment [as defined in regulations] subject to the rules promulgated by the director of the special investigations unit of the New Mexico state police division of the department of public safety that serves only hamburgers, sandwiches, salads and other fast foods;

(3) a violation of Section 30-29-2 NMSA 1978, regarding the illegal use of a glue, aerosol spray product or other chemical substance;

(4) a violation of the Controlled Substances Act;

(5) escape from the custody of a law enforcement officer or a juvenile probation or parole officer or from any placement made by the department by a child who has been adjudicated a delinquent child;

(6) a violation of Section 30-15-1.1 NMSA 1978 regarding unauthorized graffiti on personal or real property;

(7) a violation of an order of protection issued pursuant to the provisions of the Family Violence Protection Act; or

(8) trafficking cannabis as provided in Section 26-2C-28 NMSA 1978;

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

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

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

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

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

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

[G.] I. "restitution" means financial reimbursement by [the] a child to [the] a victim or community service ordered or imposed [by the court and] as part of the disposition of a complaint that is limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical, psychiatric and psychological treatment for injury to a person [and] or lost wages resulting from physical injury, which are a direct and proximate result of a delinquent act ["Restitution"] and does not include reimbursement for damages for mental anguish, pain and suffering or other intangible losses; provided that as used in this subsection, "victim" means a person who is injured or suffers damage of any kind by an act that is the subject of a complaint or referral to law enforcement officers or juvenile probation authorities; [Nothing contained in this definition limits or replaces the provisions of Subsections A and B of Section 32A-2-27 NMSA 1978;

H.] J. "serious youthful offender" is not a delinquent child and means [an individual] a child fifteen to eighteen years of age who is [charged with and indicted or bound over for trial for first degree murder. A "serious youthful offender" is not a delinquent child as defined pursuant to the provisions of this section] indicted or charged and bound over for trial for:

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

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

[I.] K. "supervised release" means the release of [a juvenile, whose term of commitment has not expired from a facility for the care and rehabilitation of adjudicated delinquent children, with specified conditions to protect public safety and promote successful transition and reintegration into the community. A juvenile on supervised release is subject to monitoring by the department until the term of commitment has expired and may be returned to custody for violating conditions of release] an adjudicated child from a juvenile corrections facility who is subject to specified conditions and monitoring by the department until the child's term of commitment expires; and

[J.] L. "youthful offender" means a delinquent child subject to adult or juvenile sanctions who is:

(1) fourteen to eighteen years of age at the time of the offense and [who is] adjudicated for at least one of the following offenses:

[(a) second degree murder, as provided in Section 30-2-1 NMSA 1978;

(b)] (a) assault with intent to commit a violent felony as provided in Section 30-3-3 NMSA 1978;

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) fourteen to eighteen years of age at the time of the offense, [who is] adjudicated for any felony offense and [who] has [had] three prior, separate felony adjudications within a three-year [time] period immediately preceding the instant offense; provided that the felony adjudications relied upon as prior adjudications shall not [have arisen out of] arise from the same transaction or occurrence or series of events related in time and location; and provided further that successful completion of consent decrees is not considered a prior adjudication for the purposes of this paragraph; or

(3) fourteen years of age and [who is] adjudicated for [first degree]:

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

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

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

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

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

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

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

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

(2) make case referrals for appropriate services [as appear appropriate or desirable];

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

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

(5) give notice to any [individual] person who [has been] was the subject of a [petition filed] proceeding pursuant to [the provisions of] the Delinquency Act of the sealing of that [individual's] person's records in accordance with that act;

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

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

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

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

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

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

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

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

B. During the preliminary inquiry, [on a delinquency complaint, the matter may be referred] juvenile probation services may refer the matter to another appropriate agency and conferences may be conducted for the purpose of effecting adjustments or agreements that will obviate the necessity for filing a petition. At the commencement of the preliminary inquiry, [the parties] a child and the child's parent, guardian or custodian shall be advised of [their] the basic rights [pursuant to] provided for in Section 32A-2-14 NMSA 1978 and [no party may be compelled to appear at any conference, to produce any papers or to visit any place] the child shall be [informed] advised of the child's right to remain silent. The preliminary inquiry shall be completed within the time limits set forth in the Children's Court Rules. A child or a child's parent, guardian or custodian shall not be compelled to attend any conference, produce any papers or visit any place.

C. Prior to a preliminary inquiry [being conducted with] for a child who is detained, the child's parent, guardian or custodian or the child's attorney shall be given reasonable notice by the juvenile probation [and parole] officer and an opportunity to be present at the preliminary inquiry. If a child is not detained, the preliminary inquiry shall be conducted within thirty days of juvenile probation services' receipt of the referral [from law enforcement]. The thirty-day time period may be extended [upon a determination by] if the department determines that an extension is necessary to conduct a thorough preliminary inquiry and that the extension is not prejudicial to the best interests of the child.

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

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

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

G. If a petition is filed, the child, through counsel, and the children's court attorney may agree [without judicial approval, to a waiver of time limitations imposed after a petition is filed] to a time waiver without court approval. A time waiver defers adjudication of the charges [The children's court attorney may place] and may include restrictions on a child's behavior as a condition of [a time waiver] the deferral. The department shall be added as a party to the petition if probation services are a condition of a time waiver. If the child [completes the agreed upon] meets the conditions of a time waiver and no new charges are filed against the child, the pending petition shall be dismissed. If the children's court attorney files a new petition against the child, the children's court attorney may proceed on both the original petition and the new charges. [The department shall become a party if probation services are requested as a condition of the time waiver.]

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

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

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

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

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

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

SECTION 5. Section 32A-2-11 NMSA 1978 (being Laws 1993, Chapter 77, Section 40, as amended) is amended to read:

"32A-2-11. CRITERIA FOR DETENTION OF CHILDREN.--

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

(1) poses a substantial risk of harm to [himself] the child's self;

(2) poses a substantial risk of harm to others; or

(3) has demonstrated that [he] the child may leave the jurisdiction of the court.

B. The [criteria for detention in] provisions of Subsection A of this section [shall govern the decisions of] apply to all persons responsible for determining whether [detention is appropriate prior] to detain a child before a detention hearing [based upon review of the detention risk assessment instrument] is held.

C. The department shall develop, validate and implement an instrument to conduct a detention risk assessment [instrument]. The department shall collect and analyze data regarding the application [of the detention risk assessment instrument. On January 1, 2004, the department shall provide the legislature with a written report with respect to its collection and analysis of data regarding the application of the detention risk assessment instrument] and effectiveness of the instrument every three years and update the instrument based on the data.

D. On or before September 1 of each year, the department shall provide to the legislature a written report on the application and effectiveness of the instrument used to conduct a detention risk assessment. If applicable, the report shall explain the validation of the instrument and updates made to the instrument."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A. [When] If a child who has been taken into custody without a warrant is [not released but is] detained, [(1)] a judicial determination of probable cause shall be made by a judge, [or] special master or magistrate within forty-eight hours, including Saturdays, Sundays and legal holidays [except for children taken into custody under an arrest warrant pursuant to the Children's Court Rules]. A statement of the charges by a law enforcement officer [which shall include the charges] may be the basis of a probable cause determination. The probable cause determination [shall be] is nonadversarial and may be held in the absence of the child and counsel [and may be conducted by telephone]. If the court [finds no] determines that there is not probable cause to believe the child committed an offense, the child shall be released.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 8. Section 32A-2-19 NMSA 1978 (being Laws 1993, Chapter 77, Section 48, as amended) is amended to read:

"32A-2-19. DISPOSITION OF AN ADJUDICATED DELINQUENT OFFENDER OR YOUTHFUL OFFENDER--JUVENILE SANCTIONS.--

A. The dispositions provided for in this section constitute juvenile sanctions for children adjudicated pursuant to the Delinquency Act.

[A.] B. At the conclusion of the dispositional hearing, the court may make and include in the dispositional judgment its findings on the following:

(1) the interaction and interrelationship of the child with the child's parents and siblings and any other person who may significantly affect the child's best interests;

(2) the child's adjustment to the child's home, school and community;

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

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

(5) the wishes of the child's parents as to the child's custody;

(6) whether there exists a relative of the child or other individual who, after study by the department, is found to be qualified to receive and care for the child;

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

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

[B.] C. If a child is [found to be delinquent] adjudicated as a delinquent offender or youthful offender subject to juvenile sanctions, the court may [enter its judgment making] order any of the following dispositions, [for the supervision, care and rehabilitation of the child] if appropriate:

(1) transfer legal custody [to] of the child to the department [an agency responsible for the care and rehabilitation of delinquent children, which shall receive the child at a facility designated by the secretary of the department as a juvenile reception facility. The department shall thereafter determine the appropriate placement, supervision and rehabilitation program for the child. The judge may include recommendations for placement of the child. Commitments are subject to limitations and modifications set forth in Section 32A-2-23 NMSA 1978. The types of commitments include:

(a) a short-term commitment of one year in a facility for the care and rehabilitation of adjudicated delinquent children. No more than nine months shall be served at the facility and no less than ninety days shall be served on supervised release, unless: 1) a petition to extend the commitment has been filed prior to the commencement of supervised release; 2) the commitment has been extended pursuant to Section 32A-2-23 NMSA 1978; or 3) supervised release is revoked pursuant to Section 32A-2-25 NMSA 1978;

(b) a long-term commitment for no more than two years in a facility for the care and rehabilitation of adjudicated delinquent children. No more than twenty-one months shall be served at the facility and no less than ninety days shall be served on supervised release, unless: 1) supervised release is revoked pursuant to Section 32A-2-25 NMSA 1978; or 2) the commitment is extended pursuant to Section 32A-2-23 NMSA 1978;

(c) if the child is a delinquent offender who committed one of the criminal offenses set forth in Subsection J of Section 32A-2-3 NMSA 1978, a commitment to age twenty-one, unless sooner discharged; or

(d) if the child is a youthful offender, a commitment to age twenty-one, unless sooner discharged] for commitment at a juvenile corrections facility for an appropriate term in accordance with the provisions of Section 32A-2-19.1 NMSA 1978;

(2) place the child on probation [under those conditions and limitations as the court may prescribe] or supervision subject to appropriate conditions;

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

(4) if a child is found to be delinquent solely [on the basis of Paragraph (2), (3) or (4)] for violating the offenses enumerated in Paragraphs (2) through (4) of Subsection [A] B of Section 32A-2-3 NMSA 1978, the court may [make any disposition provided by this section and may enter its judgment placing the child on probation and, as a condition of probation, transfer] place the child on probation or supervision subject to appropriate conditions that may include:

(a) transferring custody of the child to the department for treatment for a period not to exceed six months [without further order of the court]; provided that [this transfer shall not be made unless] the court first determines that the department is able to provide or contract for adequate and appropriate treatment for the child and that the treatment is likely to be beneficial; or

(b) ordering the suspension or denial of the child's driving privileges or revocation of the child's driver's license for a period of ninety days for a first adjudication and for twelve months for a second or subsequent adjudication; provided that the court shall give notice of the suspension, denial or revocation to the taxation and revenue department within twenty-four hours of entering the judgment; and provided further that suspension, denial or revocation shall be in accordance with the Motor Vehicle Code.

[C. When the] D. If a child is an Indian child, the Indian child's cultural needs shall be considered in the dispositional judgment and, if applicable, reasonable access to cultural practices and traditional treatment shall be provided.

[D. A child found to be delinquent shall not be committed or transferred to a penal institution or other facility used for the execution of sentences of persons convicted of crimes.]

E. Whenever the court [vests] transfers legal custody [in] of a child to an agency, institution or department, [it] the court shall transmit with the dispositional judgment copies of the clinical reports, the predisposition study and report and other information [it has] in the record that is pertinent to the care and treatment of the child.

F. Prior to [any] the custody of a child being [placed in the custody of] transferred to the department, the department shall be provided with reasonable [oral or written notification] notice and an opportunity to be heard.

G. In addition to [any other] a disposition pursuant to Subsection [B] C of this section, the court may make an abuse or neglect report [for investigation and proceedings as provided for in] that shall be processed in accordance with the Abuse and Neglect Act. The report may be made to a local law enforcement agency, the department or a tribal law enforcement or social service agency for an Indian child [residing] who resides in Indian country.

[H. In addition to any other disposition pursuant to this section or any other penalty provided by law, if a child who is fifteen years of age or older is adjudicated delinquent on the basis of Paragraph (2), (3) or (4) of Subsection A of Section 32A-2-3 NMSA 1978, the child's driving privileges may be denied or the child's driver's license may be revoked for a period of ninety days. For a second or a subsequent adjudication, the child's driving privileges may be denied or the child's driver's license revoked for a period of one year. Within twenty-four hours of the dispositional judgment, the court may send to the motor vehicle division of the taxation and revenue department the order adjudicating delinquency. Upon receipt of an order from the court adjudicating delinquency, the director of the motor vehicle division of the taxation and revenue department may revoke or deny the delinquent's driver's license or driving privileges. Nothing in this section may prohibit the delinquent from applying for a limited driving privilege pursuant to Section 66-5-35 NMSA 1978 or an ignition interlock license pursuant to the Ignition Interlock Licensing Act, and nothing in this section precludes the delinquent's participation in an appropriate educational, counseling or rehabilitation program.

I.] H. In addition to [any other] a disposition pursuant to this section or any other penalty [provided] prescribed by law, [when] if a child is adjudicated delinquent [on the basis of Paragraph (6) of Subsection A of Section 32A-2-3 NMSA 1978] for violating Section 30-15-1.1 NMSA 1978 regarding unauthorized graffiti on personal or real property, the child shall perform the mandatory community service [set forth in Section 30-15-1.1 NMSA 1978. When] required for that offense. If a child fails to [completely perform] complete the mandatory community service, the name and address of the child's parent or legal guardian shall be published in a newspaper of general circulation, accompanied by a notice that the parent or legal guardian is the parent or legal guardian of a child adjudicated delinquent for committing graffiti."

SECTION 9. A new section of the Delinquency Act, Section 32A-2-19.1 NMSA 1978, is enacted to read:

"32A-2-19.1. [NEW MATERIAL] STANDARD TERMS OF COMMITMENT FOR AN ADJUDICATED DELINQUENT OFFENDER OR A YOUTHFUL OFFENDER.--

A. If an adjudicated delinquent child is transferred to the custody of the department for commitment, the commitment shall be at a juvenile corrections facility licensed by the department. An adjudicated delinquent child shall not be committed at a penal institution or other facility for the detention of adults convicted of crimes, unless the child is a youthful offender subject to an adult sentence.

B. Before placing the child at a juvenile corrections facility, the department shall first assess the child at a department-designated assessment facility to determine the placement, type of supervision and rehabilitation program appropriate for the child. In determining the appropriate placement, supervision and program for the child, the department may consider any recommendations made by the court.

C. Either of the following terms of commitment are standard for a child adjudicated as a delinquent offender and are subject to modification in accordance with Section 32A-2-23 NMSA 1978:

(1) a short-term commitment shall not exceed eighteen months; provided that no more than twelve months of the commitment may be served at a juvenile corrections facility and no more than one hundred eighty days of the commitment shall be served on supervised release, unless supervised release is revoked pursuant to Section 32A-2-25 NMSA 1978; and

(2) a long-term commitment shall not exceed thirty months; provided that no more than twenty-four months of the commitment may be served at a juvenile corrections facility and no more than one hundred eighty days of the commitment shall be served on supervised release, unless supervised release is revoked pursuant to Section 32A-2-25 NMSA 1978.

D. The standard term of commitment for a child who is adjudicated as a delinquent offender for an offense that would have otherwise made the child a youthful offender begins on the date of the dispositional judgment and ends on the date the child reaches the age of twenty-one and is subject to modification in accordance with Section 32A-2-23 NMSA 1978.

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

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

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

A. The court [has the discretion to invoke either] may impose an adult sentence or juvenile sanctions [on a] as a disposition for a youthful offender. If the children's court attorney seeks an adult sentence for the child, the attorney shall file a notice of intent [to invoke an adult sentence] within ten working days [of the filing of] from the date the petition is filed; provided that the court may extend the time for filing of the notice of intent [to invoke an adult sentence] for good cause [shown, prior to the adjudicatory hearing]. A preliminary [hearing] examination by the court or a hearing before a grand jury shall be held within ten days [after the filing of] from the date the notice of intent [to invoke an adult sentence, to determine whether probable cause exists to support the allegations contained in the petition] is filed.

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

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

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

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

(1) the seriousness of the alleged offense;

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

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

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

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

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

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

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

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

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

F. If [a] juvenile [disposition is] sanctions are appropriate, the court shall [follow the provisions set forth] dispose of the case as provided in Section 32A-2-19 NMSA 1978. [A youthful offender may be subject to extended commitment in the care of the department until the age of twenty-one, pursuant to the provisions of Section 32A-2-23 NMSA 1978.]

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

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

SECTION 11. Section 32A-2-23 NMSA 1978 (being Laws 1993, Chapter 77, Section 52, as amended) is amended to read:

"32A-2-23. LIMITATIONS ON DISPOSITIONAL JUDGMENTS-- MODIFICATION--TERMINATION OR EXTENSION OF COURT ORDERS.--

A. Upon the entry of a judgment transferring legal custody of an adjudicated delinquent child to the department, [an agency responsible for the care and rehabilitation of delinquent children divests the court of jurisdiction at the time of transfer of custody, unless] the court is divested of jurisdiction; provided that the court retains jurisdiction if the transfer of legal custody is for a commitment at a local detention facility not exceeding fifteen days pursuant to the provisions of Section 32A-2-19 NMSA 1978 [in which case the court retains jurisdiction].

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

C. [A child shall be released by an agency and] Probation or supervision shall be terminated [by] before the expiration of the judgment if juvenile probation [and parole] services or the agency providing supervision [when it appears] determines that [the purpose of the order has been achieved before the expiration of the period of the judgment. A] continued probation or supervision is not necessary because the child has substantially complied with the conditions of the probation or supervision. The release or termination and the reasons [therefor] for release or termination shall be reported promptly to the court in writing [by the releasing authority].

D. Prior to the expiration of a standard short-term commitment, [of one year, as provided for in Section 32A-2-19 NMSA 1978] the court may extend the judgment for up to one six-month period if the court finds that the extension is necessary to safeguard the welfare of the child or the [public] safety of the public. If a short-term commitment is extended, the [mandatory ninety-day] term of a child's supervised release [as] required by Section [32A-2-19] 32A-2-19.1 NMSA 1978 shall be included in the extension. Notice and hearing are required for any extension of a [juvenile's] child's commitment.

E. Prior to the expiration of a standard long-term commitment, [as provided for in Section 32A-2-19 NMSA 1978] the court may extend the judgment for additional periods of one year until the child reaches the age of [twenty-one] twenty-five if the court finds that the extension is necessary to safeguard the welfare of the child or the [public] safety of the public. If a long-term commitment is extended, the [mandatory ninety-day] term of the child's supervised release [as] required by Section [32A-2-19] 32A-2-19.1 NMSA 1978 shall be included in the extension. Notice and hearing are required for any extension of a [juvenile's] child's commitment.
F. Prior to the expiration of a judgment of probation, the court may extend the judgment for an additional period of one year until the child reaches the age of [twenty-one] twenty-five if the court finds that the extension is necessary to [protect the community or to] safeguard the welfare of the child or the safety of the public.

G. The court may dismiss a motion to modify a disposition if [it finds] after preliminary investigation the court determines that the motion is without [substance] merit. If the court [is of the opinion] determines that the matter should be reviewed, [it may, upon notice to all necessary parties, proceed to] the court shall hold a hearing [in the manner provided for hearings on petitions alleging delinquency] after giving notice to the necessary parties. The court may terminate a judgment if it finds that the child is no longer in need of care, supervision or rehabilitation or it may enter a judgment extending or modifying the original judgment if it finds that action necessary to safeguard the child or the [public interest] safety of the public.

H. [A] An adjudicated delinquent child may [make] file a motion to request a hearing to modify [a children's court or adult] the child's disposition within thirty days [of the judge's decision] from the date of the dispositional judgment. If the court [is of the opinion that the matter should be reviewed, it may, upon notice to all necessary parties, proceed to] determines that the child's request has merit, the court shall hold a hearing [in the manner provided for hearings on petitions alleging delinquency] on the request after notice is given to the necessary parties.

I. The department [may seek a bench warrant from the court when the] shall give notice to the court if a child absconds from probation or supervision or from supervised release. Upon receiving such notice, the court shall issue a warrant for the child's arrest."

SECTION 12. Section 32A-2-24 NMSA 1978 (being Laws 1993, Chapter 77, Section 53, as amended) is amended to read:

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

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

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

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

SECTION 13. Section 32A-2-25 NMSA 1978 (being Laws 1993, Chapter 77, Section 54, as amended) is amended to read:

"32A-2-25. [PAROLE] REVOCATION OF SUPERVISED RELEASE--PROCEDURES.--

A. [A child on parole from an agency that has legal custody who violates a term of parole may be proceeded against in a parole revocation proceeding conducted by the department or the supervising agency or by a hearing officer contracted by the department who is neutral to the child and the agency in accordance with procedures established by the department in cooperation with the juvenile parole board] If an adjudicated delinquent child violates a condition of the child's supervised release, the department may propose revocation of the supervised release. If the department proposes revocation, the department shall conduct a revocation hearing that is presided over by the department or a neutral hearing officer contracted by the department. A child may waive the right to a revocation hearing after consultation with the child's attorney, parent, guardian or custodian.

B. A juvenile probation [and parole] officer may detain a child on [parole status who is alleged to have] supervised release if the officer has probable cause that the child violated a [term or] condition of [parole] the supervised release. A child detained pursuant to this subsection shall remain in detention until the completion [and review of a preliminary parole] of the revocation hearing. [A child may waive the right to a preliminary parole revocation hearing after consultation with the child's attorney, parent, guardian or custodian.

B. If a retake warrant is issued by the department upon the completion of the preliminary parole revocation hearing, the juvenile institution to which the warrant is issued shall promptly transport the child to that institution at the expense of the department.]

C. If a child's supervised release is revoked, the department shall issue a notice of revocation to a juvenile corrections facility. Upon receiving such notice, the facility shall immediately take custody of the child for the remainder of the commitment.

D. If a child absconds from [parole supervision]

supervised release and is apprehended in another state after

the issuance of a [retake] warrant by a court or a notice of

revocation by the department, the [juvenile justice division of

the] department shall [cause] provide for the return of the

child [to this state] at the expense of the department.

E. The issuance of a warrant upon an allegation that the child has absconded from supervised release shall toll the supervised release period. After a hearing upon return or quashing of the warrant, if the court finds that the child knowingly and willfully absconded from supervised release, the time from the date of the violation to the date of the child's arrest or quashing of the warrant shall not be counted as time served on supervised release and the tolled time shall be added to the supervised release term."

SECTION 14. Section 33-9A-2 NMSA 1978 (being Laws 1988, Chapter 101, Section 40, as amended) is amended to read:

"33-9A-2. DEFINITIONS.--As used in the Juvenile Community Corrections Act:

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

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

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

C. "justice-involved youth" means:

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

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

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

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

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

SECTION 15. Section 33-9A-3 NMSA 1978 (being Laws 1988, Chapter 101, Section 41, as amended) is amended to read:

"33-9A-3. JUVENILE COMMUNITY CORRECTIONS GRANT FUND CREATED--PURPOSE--ADMINISTRATION--REPORT.--

A. [There is created in the state treasury] The "juvenile community corrections grant fund" [to be administered by] is created in the state treasury. The fund consists of distributions, appropriations, gifts, grants, donations and income from investment of the fund. The department [All balances] shall administer the fund. Money in the fund [are] is appropriated to the department to carry out the purposes of the fund. [and no money shall be transferred to another fund or be encumbered or disbursed in any manner except as provided in the Juvenile Community Corrections Act. Disbursements] Expenditures from the fund shall be [made only upon warrant drawn] by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of children, youth and families or the secretary's authorized representative.

B. Money in the fund shall be used by the department to make grants to counties, municipalities or private organizations, individually or jointly, to provide [community corrections] programs and services for [the diversion of adjudicated delinquents to community-based settings. No] justice-involved youth. A grant shall not be made to a private, for-profit or commercial organization [that is not a nonprofit organization] without the approval of the secretary. The department may also use money in the fund to provide or directly contract [directly] for [or operate juvenile community corrections programs] services for justice-involved youth.

C. No more than [ten] twelve percent of the money in the fund shall be used by the department for administration and program monitoring by the department. No more than [ten] twelve percent of any grant from the fund shall be used for administrative costs incurred by the grantee.

D. [After notice and public hearing as required by law] The secretary shall [adopt regulations that provide standards] promulgate rules for the qualifications [for grants] of grantees, priorities for awarding of grants and [other] standards [regarding juvenile community corrections programs deemed necessary] for eligible programs or services for justice-involved youth; provided that, at minimum, eligible programs or services shall be evidence- or research-based. The department shall review and approve or disapprove all applications for grants submitted pursuant to the Juvenile Community Corrections Act [for a grant of funds from the fund].

E. The department shall submit an annual report to the governor and legislature [not later than] on or before December 15 [providing information] of each year on grant awards [program] made, the effectiveness of grantee programs, [and] the department's monitoring efforts and [making] the department's recommendations, [as necessary to carry out the purpose of the fund] if applicable.

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

SECTION 16. Section 33-9A-4 NMSA 1978 (being Laws 1988, Chapter 101, Section 42, as amended) is amended to read:

"33-9A-4. APPLICATIONS--CRITERIA.--

A. Counties, municipalities or private organizations [individually or jointly] may apply for grants from the fund [including grants for counties or municipalities to purchase contractual services from private organizations; provided that] individually or jointly. At minimum, an applicant shall certify that:

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

(2) the applicant [certifies that it is willing and able to] or the applicant's agents or contractors will operate the program according to standards provided by the department; [which may include the negotiation of a contract between the delinquent and program staff with provisions such as deductions from employment income for applicable victim restitution, family support, room and board, savings and weekly allowance. In addition to monetary restitution, to the extent practical, or if monetary restitution is not applicable, the contract may include provision for community service restitution for a specific number of hours;]

(3) the [applicant demonstrates the support of key components of the criminal justice system] applicant's program or services for justice-involved youth is research-based and incorporates best practices in risk reduction for justice-involved youth;

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

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

[(6)] B. No class A county alone or in conjunction with any municipality within a class A county shall receive more than forty-nine percent of [any] money appropriated to the fund.

[B. Notwithstanding the provisions of Subsection A of this section]

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

[C.] D. The department may utilize not more than twenty-five percent of the fund to contract directly for community corrections programs or to establish programs operated by the department; provided [however] that the department may utilize up to an additional ten percent of the fund to operate juvenile community corrections programs if, after a reasonable effort to solicit proposals, there are no satisfactory proposals from a community where [it is determined that] a program is necessary or if it becomes necessary to cancel a program as provided in the contract.

[D.] E. The department shall establish additional guidelines for allocation of funds under the Juvenile Community Corrections Act. An applicant shall retain the authority to accept or reject the placement of any delinquent in a program."

SECTION 17. Section 33-9A-5 NMSA 1978 (being Laws 1988, Chapter 101, Section 43, as amended) is amended to read:

"33-9A-5. SELECTION PANELS.--

A. The department shall establish a [state] statewide panel [whose duties shall be to immediately screen and identify delinquents sentenced to a juvenile correctional facility of the department and transferred to the legal custody of the department, except individuals who are sentenced or transferred from a judicial district that has established a local panel to exercise these duties pursuant to the provisions of this section and who meet] to determine eligibility for programs created pursuant to the Juvenile Community Corrections Act; provided that if a local panel is created pursuant to Subsection D of this section, the local panel shall determine eligibility for children or adults adjudicated in or transferred to the local panel's community. The statewide panel shall immediately identify a child or an adult adjudicated pursuant to the Delinquency Act who is transferred to the legal custody of the department for commitment to a juvenile corrections facility and screen the child or adult for eligibility pursuant to the following criteria:

(1) the child's or adult's adjudicated offense [involved] is one for which community service or reasonable restitution may be made using a payment schedule compatible with the total amount of restitution to be paid and the time the offender is to participate in a program; and

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

B. The department may establish criteria in addition to those established in Subsection A of this section [for the screening of delinquents who would benefit from participation in a program and who would not pose a threat to the community].

C. If the [state] statewide panel determines that a child or adult is suitable for placement in a program, [a recommendation to that effect and for modification of disposition shall be presented as soon as possible to the sentencing judge or the department, which may, notwithstanding any provision of law, accept, modify or reject the recommendation] the panel shall refer the child or adult for participation in a program and, if applicable, request a modification to the child's or adult's disposition in accordance with the Delinquency Act. The [determination] referral shall be presented to the county, municipality or private nonprofit organization, as applicable, for approval or rejection.

D. A county, municipality or private nonprofit organization, individually or jointly, may establish a local panel to exercise the duties and responsibilities of the [state] statewide panel pursuant to the provisions of Subsection A of this section and, using the same criteria as the state panel, the local panel may [screen and identify delinquents] identify and screen children and adults in the local panel's community who are adjudicated pursuant to the Delinquency Act and transferred to the legal custody of the department for commitment to a juvenile corrections facility. The composition of a local panel shall include, to the maximum extent possible, representatives of the judiciary, the administrative office of the district attorneys, the public defender department, the children, youth and families department, the county sheriff or the municipal police department, [individuals] persons representing local programs and private citizens."

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

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

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

B. [At a sentencing hearing, if a judge of a court of competent jurisdiction] If a court determines that placement of an adjudicated child in community corrections is appropriate, [he] the court shall [defer or suspend the sentence and, as a condition of probation, require an individual to serve a period of time] order participation in a community corrections program as part of the disposition."

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

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