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Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

LFC files

SUMMARY

Synopsis of Bill

HB 439 provides for a disposition al hearing at least once every six months for a delinquent child that has received a disposition of an abused and neglected child and is still under the jurisdiction of the court.

Significant Issues

The Criminal Juvenile Justice Coordinating Council (CJJCC) reports it is concerned that there may be little need for periodic dispositional hearings, that the predisposition reports may not be entirely suited to the diagnosis of delinquent children, and that a new subsection may be required in 32A-2-23 providing for the periodic review of dispositional judgements for delinquent children receiving the disposition of a neglected or abused child.

The Public Defender Department reports the first problem with this rolling and repeating sentencing statute is that it may violate the constitutional protection against double jeopardy. While some post dispositional proceeding may be in the child's best interest, this change in statute requires a full blown dispositional (i.e., sentencing hearing) once every six months, complete with a sentencing report.

The second problem with this change is that even were it a good idea in certain cases to sentence a child, making a second sentencing mandatory based on time alone will lead to a waste of resources as the children's courts become clogged with unnecessary but required dispositional hearings.

FISCAL IMPLICATIONS

PDD reports HB 439 would expose extended court hearings and monitoring. It requires additional staffing and contract counsel funding needs. The impact would be most significant for the juvenile division in Albuquerque which handles PPD's heaviest caseload. Also, impact would also be felt in every other office across the state and in PPD contract costs.

OTHER SUBSTANTIVE ISSUES

HB 439 is supported by the Children Youth and Families Department (CYFD). According to CYFD, the bill would requires Juvenile Probation Parole Officers to follow existing requirements for department social workers, to initiate a review hearing for children who receive a disposition under the Abuse and Neglect Article. Also, the bill allows for foster care placement for certain juvenile offenders without triggering the procedural requirements of the Abuse and Neglect Article. HB 439 allows judges an array of dispositional alternatives so long as public safety is maintained through juvenile probation monitoring.

CJJCC is concerned that there may be little need for periodic dispositional hearings, that the predisposition reports may not be entirely suited to the diagnosis of delinquent children, and that a new subsection may be required in 32A-2-23 providing for the periodic review of dispositional judgements for delinquent children receiving disposition of a neglected or abused child.

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