NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.
| SPONSOR: | Garcia M. P. | DATE TYPED: | 01/27/99 | HB | 101 | ||
| SHORT TITLE: | Delinquent Offender Diagnostic Evaluations | SB | |||||
| ANALYST: | Trujillo | ||||||
| Recurring
or Non-Rec |
Fund
Affected | ||||
| FY99 | FY2000 | FY99 | FY2000 | ||
| Indeterminate | Recurring | GF | |||
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates/Conflicts with/Companion to/Relates to
SOURCES OF INFORMATION
Corrections Department
Administrative office of the District Attorney's & District Attorney's Offices
Administrative Office of the Courts
SUMMARY
Synopsis of Bill
Hb 101 would amend the Children's Code to expand the time period for diagnostic evaluations of delinquent offenders from fifteen to sixty days, prior to disposition (the juvenile equivalent of sentencing).
Significant Issues
The Administrative Office of the Courts (AOC) reports the statutory maximum period for diagnostic confinement was ninety days for a child adjudicated as a delinquent and was changed to fifteen days in the 1993 legislative session (see Section 32-1-32 NMSA 1978). Also, the AOC questions whether the current fifteen day time limit enacted in 1993 was to prevent continued detention without prompt final disposition?
FISCAL IMPLICATIONS
There is no impact on the District Attorney offices and the courts. However, if juvenile offenders will be spending additional time at the diagnostic evaluation facility, it will probably cost the state more money.
ADMINISTRATIVE IMPLICATIONS
The Administrative Office of the District Attorney (AODA) and the AOC report that there will be no administrative implications.
OTHER SUBSTANTIVE ISSUES
The AODA reports the Children's code now provides that once a juvenile is found to be a delinquent offender, the children's court judge may order the juvenile transferred to a Children's, Youth & Families Dept. (CYFD) facility for not more than fifteen days for the purpose of diagnostic evaluation to assist the judge in determining disposition. If enacted, HB 101 would increase the time period the juvenile may be evaluated at the CYFD facility from fifteen to sixty days.
This increase would permit sufficient time for more comprehensive evaluations of juvenile offenders than under the code's current language. Evaluators would have additional time to observe and interact with the offender, without unnecessary time constraints.
LAT/njw