46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO COURTS; ENACTING THE TEEN COURT ACT; PROVIDING FOR THE ADMINISTRATION OF TEEN COURTS; PROVIDING PROCEDURES FOR TEEN COURTS.

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

Section 1. SHORT TITLE.--This act may be cited as the "Teen Court Act".

Section 2. DEFINITIONS.--As used in the Teen Court Act:

A. "minor offense" means:

(1) a violation of a municipal penal ordinance punishable by fine only;

(2) a Motor Vehicle Code violation included within the provisions of Section 32A-2-29 NMSA 1978;

(3) a Children's Code offense that would constitute a petty misdemeanor or a nonviolent misdemeanor if committed by an adult;

(4) a violation of any school rule or regulation; or

(5) a violation of any other code or rule set forth in approved program guidelines;

B. "sponsor" means a public agency or private organization that chooses to support and oversee a teen court;

C. "teen" means a person between thirteen and eighteen years of age;

D. "teen court judge" means a judge, an attorney licensed to practice law in the state of New Mexico, a public official or another adult designated by the sponsor to preside during teen court proceedings; and

E. "teen jury" means no fewer than three teens chosen at random from volunteers in the community served by the teen court.

Section 3. PROGRAM CREATION.--An organization that wishes to sponsor a teen court program shall prepare program guidelines for approval by the director of the administrative office of the courts. All teen court programs shall follow approved guidelines and shall gather and report program data to the administrative office of the courts. The program guidelines shall include:

A. participating referring agencies;

B. target offender populations;

C. how the program plans to provide information to potential participants and their parents or guardians to ensure that their decision to participate in the program is knowing and voluntary;

D. how the program plans to recruit community members to provide opportunities for community service as a part of the teen court program; and

E. how the program plans to ensure compliance with teen court decisions and how the program plans to gather and report program data.

Section 4. PROGRAM OPERATION AND EFFECT.--A teen accused of a minor offense who meets the eligibility requirements of Section 6 of the Teen Court Act may be referred to a teen court program in lieu of prosecution or payment of a penalty assessment. The teen must admit guilt of the offense in order to participate in teen court. Guilt or innocence shall not be determined by the teen court. The only issue before the teen court shall be an appropriate sentence assuming the teen committed the alleged offense. If the teen fails to successfully complete the teen court sentence, he may be prosecuted for the offense with no credit for time or effort expended in attempting to complete the teen court sentence.

Section 5. REFERRALS TO TEEN COURT.--The program guidelines shall identify the persons or agencies able to refer teens to a teen court program. Referral decisions shall be made by a judge, by an assistant district attorney, by a school or law enforcement supervisor or in accordance with referral guidelines adopted by the school, law enforcement agency or other referring entity identified in the program guidelines.

Section 6. REVIEW FOR ELIGIBILITY.--

A. The teen court program shall determine that the referred teen meets the following eligibility criteria:

(1) that the teen is accused of a minor offense;

(2) that the teen has not been referred to teen court for an offense in the two years preceding the date of the instant offense;

(3) that the teen signed an agreement waiving his right to speedy prosecution of the offense for which he admitted guilt and that he agreed to abide by the terms of the sentence imposed by the teen court; and

(4) that the teen court program obtained written consent from a parent or guardian of the teen or another entity who has legal custody of the teen.

B. Upon determining that a teen is ineligible for teen court, the teen court program shall return the referral to the referring agency.

C. The teen or the teen's consenting parent or guardian may withdraw consent for the teen's participation in the program at any time. The referring person or agency may not withdraw the referral.

Section 7. TEEN COURT PROCEEDINGS.--

A. A teen court judge shall preside over teen court proceedings. All other teen court participants, including jurors, prosecutors and defense counsel, shall be teens. The court proceedings shall be conducted as a sentencing hearing is conducted in a state court.

B. Upon completion of the hearing, the teen jury shall retire and determine an appropriate sentence for the case, taking into account the circumstances of the offense and the demeanor and background of the offender. The term of the sentence shall be no more than twelve months. The sentence may include restitution, community service, participation in law-related classes, participation in teen court, counseling, treatment or other terms considered appropriate by the teen jury.

C. The teen court judge shall impose the teen jury's proposed sentence, unless it is demonstrably inconsistent with the circumstances of the offense and the demeanor and background of the offender. Upon such a determination, the teen court judge may impose a different sentence.

D. Upon a teen's successful completion of a teen court sentence, the teen court program shall inform the referring person or agency. If at any time, the teen fails to comply with the terms of the teen court sentence, or withdraws his consent to participate in the program, the teen court program shall inform the referring person or agency.

Section 8. CONFIDENTIALITY OF TEEN COURT PROCEEDINGS.--A teen's admission of guilt made in a teen court agreement, statements made by the teen during a teen court proceeding or facts concerning the teen's performance in the teen court program shall not be admitted against or used in any way against the teen if the offense is pursued in children's court, a school disciplinary proceeding or in any other forum by the referring agency.

Section 9. INSTRUCTIONAL TIME.--A school that participates in a teen court program shall be permitted to credit the time of teachers and students spent participating in teen court as instructional time.

Section 10. ALLOCATION OF FUNDS--FEES.--

A. The administrative office of the courts shall:

(1) establish and consult with an advisory committee of no fewer than five persons familiar with teen court programs in administering those programs;

(2) if there is an appropriation for teen courts, prepare and disseminate application guidelines that set forth the requirements for teen court funding, any matching funds requirement and the criteria to be used in evaluating applications; and

(3) allocate funds from any appropriation to applying sponsors in an equitable fashion, taking into account the existence of an ongoing program, the number of participants involved in or anticipated in a program, demonstrated program success and equitable allocation of funds throughout the state.

B. Teen court programs may obtain funding from other sources, including a fee of not more than twenty dollars ($20.00) from each participating teen offender. All programs shall obtain approval of their program guidelines from the administrative office of the courts, whether or not they obtain funding from a general fund appropriation.