New Mexico 2025 2025 Regular Session

New Mexico House Bill HB255 Introduced / Fiscal Note

Filed 02/11/2025

                    Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance 
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they 
are used for other purposes. 
 
F I S C A L    I M P A C T    R E P O R T 
 
 
SPONSOR 
Reps. Thomson, De La Cruz, and 
Gonzales
/Sen. Maestas 
LAST UPDATED 
ORIGINAL DATE 2/07/2025 
 
SHORT TITLE Rename “Juvenile Corrections Act” 
BILL 
NUMBER House Bill 255 
  
ANALYST Fischer/Garcia 
  
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT* 
(dollars in thousands) 
Agency/Program 
FY25 FY26 FY27 
3 Year 
Total Cost 
Recurring or 
Nonrecurring 
Fund 
Affected 
CYFD 
No fiscal 
impact 
No fiscal 
impact 
No fiscal 
impact 
No fiscal 
impact 
Recurring 
Other state 
funds 
Parentheses ( ) indicate expenditure decreases. 
*Amounts reflect most recent analysis of this legislation. 
 
Sources of Information
 
 
LFC Files 
 
Agency Analysis Received From 
Children Youth and Families Department (CYFD) 
 
SUMMARY 
 
Synopsis of House Bill 255   
 
House Bill 255 renames the Juvenile Community Corrections Act to the Juvenile Community 
Connections Act, and also renames the associated juvenile community corrections grant fund to 
the juvenile community connections grant fund. The bill also adds definitions for child (under 18 
years) and youth (under 26 years) to the renamed act.  
 
The bill redefines that the grant fund should be used for any children or youth referred by the 
Children, Youth and Families Department (CYFD), in addition to the diversion of adjudicated 
delinquents. Currently, the fund is only available for grants serving the latter. The bill further 
stipulates that prevention, intervention, and diversion programming be prioritized for grant 
funding and that all applicants for grant funding demonstrate support for key components of 
prevention, intervention, and diversion services.  
 
The bill moves responsibility for establishing a statewide selection panel for screening juvenile 
delinquents into a facility or community programming from CYFD to “a county, municipality or 
private organization, individually or jointly.” The composition of the local panel is set to be 
representatives from the judiciary, the local schools, the department, the county sheriff or the 
municipal police department, and individuals representing local programs and private citizens 
 
The bill increases the existing 10 percent cap on administrative spending from the fund to 12 
percent.   House Bill 255 – Page 2 
 
 
The bill also cleans up language in the state Tort Claims Act and Governmental Immunity Act 
regarding the liability of foster caregivers of children in state custody.  
 
This bill does not contain an effective date and, as a result, would go into effect 90 days after the 
Legislature adjourns if enacted, or June 20, 2025. 
 
FISCAL IMPLICATIONS  
 
CYFD’s juvenile community corrections grant fund is a nonreverting fund that has carried over 
increasing balances since FY19. The fund ended FY24 with a $6.1 million balance. Grants made 
from the fund in FY24 totaled $1.3 million.  
 
Juvenile Communit
y Corrections Grant Fund Balances 
FY24 (unaudited) 	$6,148,945 
FY23 	$7,177,286 
FY22 	$6,209,130 
FY21 	$6,103,210 
FY20 	$4,993,947 
FY19 	$4,116,908 
Source: CYFD annual audits and SHARE 
 
FY24 Payments from CYFD’s Juvenile Community Corrections Grant Fund  
FAMILIES AND YOUTH INC 	$291,875 
PB & J FAMILY SERVICES INC 	$275,907 
THE COUNSELING CENTER INC 	$164,859 
BORDER AREA MENTAL HEALTH SVC INC 	$119,168 
CHAVES COUNTY CASA 	$118,898 
YOUTHWORKS INC 	$73,595 
REGIONAL AGENCY INTERVENTION NETWORK $65,954 
GUIDANCE CENTER OF LEA COUNTY INC 	$59,982 
RIO ARRIBA COUNTY 	$55,429 
DESERT VIEW INC 	$43,644 
H2 ACADEMIC SOLUTIONS 	$34,335 
CATHOLIC CHARITIES OF GALLUP 	$16,516 
NURSTEAD CONSULTING SERVICES LLC 	$10,080 
Total  $1,330,241 
  Source: SHARE  
 
For FY25, CYFD is projecting total expenditures from the fund to be $2.84 million. However, in 
recent years CYFD has spent less than budgeted, contributing to the growing fund balance. The 
LFC and executive budget recommendations for expenditures for the juvenile community 
corrections fund in FY26 include the use of $1.8 million in fund balance. Should this bill pass, 
expenditures from the fund could increase over time, spending the fund balance down.  
 
CYFD reports no fiscal impact related to House Bill 255.  
 
SIGNIFICANT ISSUES 
 
CYFD notes that HB255 is sponsored by the NM Sentencing Commission and supported by 
CYFD. The department states that HB255’s primary goal is to expand the target population 
eligible for CYFD referrals by addressing restrictive language in NMSA 1978, Section 33-9A-
3(B), which currently limits services to “adjudicated delinquents.” However, the department does 
not report how many current children are served via the juvenile community corrections grant 
funds, nor how many more they estimate could be served if the funds uses were expanded. 
Approximately 100 juveniles were housed in juvenile justice facilities at the end of FY24.      House Bill 255 – Page 3 
 
CYFD states that this measure will allow more clients to receive services from Juvenile 
Community Correction (JCC) providers, and, without this measure “more JCC providers may be 
at risk of closing due to insufficient referrals.” 
 
CYFD also notes no changes related to referrals of Delinquent Act offenses to Juvenile Justice 
Services. However, the bill would potentially increase some referrals to Juvenile Justice 
Community providers, allowing them to meet service delivery benchmarks and support clients.  
 
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL 
 
CYFD reported without this statute, Juvenile Community Corrections providers may need to 
close due to insufficient numbers of referrals.  
 
 
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