NM
New Mexico House Bill HB255

New Mexico 2025 Regular Session

New Mexico House Bill HB255 Compare Versions

Only one version of the bill is available at this time.
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2828 HOUSE BILL 255
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3030 TH LEGISLATURE
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4242 FIRST SESSION
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4545 2025
4646 INTRODUCED BY
4747 Elizabeth "Liz" Thomson and Antonio Maestas and Art De La Cruz
4848 and Anita Gonzales
4949 AN ACT
5050 RELATING TO CHILDREN; RENAMING THE "JUVENILE COMMUNITY
5151 CORRECTIONS ACT" TO THE "JUVENILE COMMUNITY CONNECTIONS ACT";
5252 AMENDING THE JUVENILE COMMUNITY CONNECTIONS ACT; PROVIDING THAT
5353 MONEY IN THE JUVENILE COMMUNITY CONNECTIONS FUND MAY BE USED TO
5454 OPERATE PROGRAMS THAT PROVIDE SERVICES FOR ADJUDICATED
5555 DELINQUENTS, CHILDREN OR YOUTH; ESTABLISHING A LOCAL PANEL TO
5656 DETERMINE THE NEXT STEPS OF A DELINQUENT SENTENCED TO A
5757 JUVENILE FACILITY.
5858 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
5959 SECTION 1. Section 33-9A-1 NMSA 1978 (being Laws 1988,
6060 Chapter 101, Section 39, as amended) is amended to read:
6161 "33-9A-1. SHORT TITLE.--Chapter 33, Article 9A NMSA 1978
6262 may be cited as the "Juvenile Community [Corrections ]
6363 Connections Act"."
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9191 SECTION 2. Section 33-9A-2 NMSA 1978 (being Laws 1988,
9292 Chapter 101, Section 40, as amended) is amended to read:
9393 "33-9A-2. DEFINITIONS.--As used in the Juvenile Community
9494 [Corrections] Connections Act:
9595 A. "child" means a person who is less than eighteen
9696 years old;
9797 [A.] B. "delinquent" means a child adjudicated
9898 delinquent pursuant to the Children's Code;
9999 [B.] C. "department" means the children, youth and
100100 families department;
101101 [C.] D. "fund" means the juvenile community
102102 [corrections] connections grant fund;
103103 [D.] E. "secretary" means the secretary of
104104 children, youth and families; [and
105105 E.] F. "volunteer services" means services provided
106106 by individuals or organizations without compensation,
107107 reimbursement or award of any type; and
108108 G. "youth" means a person who is eighteen years or
109109 older but less than twenty-six years old ."
110110 SECTION 3. Section 33-9A-3 NMSA 1978 (being Laws 1988,
111111 Chapter 101, Section 41, as amended) is amended to read:
112112 "33-9A-3. JUVENILE COMMUNITY [CORRECTIONS ] CONNECTIONS
113113 GRANT FUND CREATED--PURPOSE--ADMINISTRATION--REPORT.--
114114 A. There is created in the state treasury the
115115 "juvenile community [corrections ] connections grant fund" to be
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144144 administered by the department. All balances in the fund are
145145 appropriated to the department to carry out the purposes of the
146146 fund, and no money shall be transferred to another fund or be
147147 encumbered or disbursed in any manner except as provided in the
148148 Juvenile Community [Corrections ] Connections Act.
149149 Disbursements from the fund shall be made only upon warrant
150150 drawn by the secretary of finance and administration pursuant
151151 to vouchers signed by the secretary of children, youth and
152152 families.
153153 B. Money in the fund shall be used by the
154154 department to make grants to counties, municipalities or
155155 private organizations, individually or jointly, to provide
156156 community [corrections ] programs and services for the diversion
157157 of adjudicated delinquents or children or youth referred by the
158158 department to community-based settings. No grant shall be made
159159 to a private organization that is not a nonprofit organization
160160 without the approval of the secretary. The department may also
161161 use money in the fund to contract directly for or operate
162162 [juvenile community corrections ] programs that provide services
163163 for adjudicated delinquents or children or youth referred by
164164 the department.
165165 C. No more than [ten ] twelve percent of the money
166166 in the fund shall be used by the department for administration
167167 and program monitoring by the department. No more than [ten ]
168168 twelve percent of any grant from the fund shall be used for
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197197 administrative costs incurred by the grantee.
198198 D. After notice and public hearing as required by
199199 law, the secretary shall adopt [regulations ] rules that provide
200200 standards for qualifications for grants, priorities for
201201 awarding of grants and other standards regarding [juvenile
202202 community corrections ] programs [deemed necessary ] that provide
203203 services for adjudicated delinquents or children or youth
204204 referred by the department . The department shall review and
205205 approve or disapprove all applications submitted pursuant to
206206 the Juvenile Community [Corrections ] Connections Act for a
207207 grant of funds from the fund.
208208 E. The department shall submit an annual report to
209209 the governor and legislature not later than December 15
210210 providing information on grant awards, program effectiveness
211211 and monitoring efforts and making recommendations as necessary
212212 to carry out the purpose of the fund.
213213 F. The department may accept donations, payments,
214214 contributions, gifts or grants from whatever source for the
215215 benefit of the fund."
216216 SECTION 4. Section 33-9A-4 NMSA 1978 (being Laws 1988,
217217 Chapter 101, Section 42, as amended) is amended to read:
218218 "33-9A-4. APPLICATIONS--CRITERIA.--
219219 A. Counties, municipalities or private
220220 organizations, individually or jointly, may apply for grants
221221 from the fund, including grants for counties or municipalities
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250250 to purchase contractual services from private organizations;
251251 provided that:
252252 (1) the application is for funding a program
253253 with priority use being for [delinquents selected pursuant to
254254 the provisions of Section 33-9A-5 NMSA 1978 ] children and youth
255255 to provide prevention, intervention and diversion services ;
256256 (2) the applicant certifies that [it ] the
257257 applicant is willing and able to operate the program according
258258 to standards provided by the department, which may include the
259259 negotiation of a [contract ] program agreement or service
260260 agreement between the [delinquent ] child or youth and program
261261 staff with provisions such as deductions from employment income
262262 for applicable victim restitution, family support, room and
263263 board, savings and weekly allowance. In addition to monetary
264264 restitution, to the extent practical, or if monetary
265265 restitution is not applicable, the [contract ] program agreement
266266 or service agreement may include provision for community
267267 service restitution for a specific number of hours;
268268 (3) the applicant demonstrates the support of
269269 key components of [the criminal justice system ] prevention,
270270 intervention and diversion ;
271271 (4) the applicant, if a private organization,
272272 demonstrates the support of the county and municipality where
273273 the program will provide services;
274274 (5) the applicant certifies that it will
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303303 utilize volunteer services as an integral portion of the
304304 program to the maximum extent feasible; and
305305 (6) no class A county alone or in conjunction
306306 with any municipality within a class A county shall receive
307307 more than forty-nine percent of any money appropriated to the
308308 fund.
309309 B. Notwithstanding the provisions of Subsection A
310310 of this section, the department may utilize the fund to place
311311 individuals eligible, or within twelve months of eligibility,
312312 for [parole] supervised release in community-based settings.
313313 The department may, in its discretion, require participation by
314314 a delinquent in a program as a condition of supervised release.
315315 C. The department may utilize not more than twenty-
316316 five percent of the fund [to contract directly for community
317317 corrections programs] for a program agreement or service
318318 agreement that provides services for adjudicated delinquents or
319319 children or youth referred by the department or to establish
320320 programs operated by the department; provided, however, that
321321 the department may utilize up to an additional ten percent of
322322 the fund to operate [juvenile community corrections ] programs
323323 that provide services for adjudicated delinquents or children
324324 or youth referred by the department if, after a reasonable
325325 effort to solicit proposals, there are no satisfactory
326326 proposals from a community where it is determined that a
327327 program is necessary or if it becomes necessary to cancel a
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356356 program as provided in the contract.
357357 D. The department shall establish additional
358358 guidelines for allocation of funds under the Juvenile Community
359359 [Corrections] Connections Act. An applicant shall retain the
360360 authority to accept or reject the placement of [any delinquent ]
361361 a child or youth in a program."
362362 SECTION 5. Section 33-9A-5 NMSA 1978 (being Laws 1988,
363363 Chapter 101, Section 43, as amended) is amended to read:
364364 "33-9A-5. SELECTION PANELS.--
365365 A. [The department shall establish a state panel ] A
366366 county, municipality or private organization, individually or
367367 jointly, may establish a local panel whose duties shall be to
368368 immediately screen and identify delinquents sentenced to a
369369 juvenile [correctional ] facility of the department and
370370 transferred to the legal custody of the department [except
371371 individuals who are sentenced or transferred from a judicial
372372 district that has established a local panel to exercise these
373373 duties pursuant to the provisions of this section and who meet
374374 the following criteria:
375375 (1) the offense involved is one for which
376376 community service or reasonable restitution may be made using a
377377 payment schedule compatible with the total amount of
378378 restitution to be paid and the time the offender is to
379379 participate in a program; and
380380 (2) the child is willing to enter into a
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409409 contract that establishes objectives that shall be achieved
410410 before release from the program ]. The composition of a local
411411 panel shall include representatives from the judiciary, the
412412 local schools, the department, the county sheriff or the
413413 municipal police department, individuals representing local
414414 programs and private citizens.
415415 B. The department may establish criteria [in
416416 addition to those established in Subsection A of this section ]
417417 for the screening of delinquents who would benefit from
418418 participation in a program and who would not pose a threat to
419419 the community.
420420 C. If the [state] local panel determines that a
421421 child is suitable for placement in a program, a recommendation
422422 to that effect and for modification of disposition shall be
423423 presented as soon as possible to the sentencing judge or the
424424 department, which may, notwithstanding any provision of law,
425425 accept, modify or reject the recommendation. The determination
426426 shall be presented to the county, municipality or private
427427 nonprofit organization, as applicable, for approval or
428428 rejection.
429429 [D. A county, municipality or private nonprofit
430430 organization, individually or jointly, may establish a local
431431 panel to exercise the duties and responsibilities of the state
432432 panel pursuant to the provisions of Subsection A of this
433433 section and, using the same criteria as the state panel, the
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462462 local panel may screen and identify delinquents. The
463463 composition of a local panel shall include, to the maximum
464464 extent possible, representatives of the judiciary, the
465465 administrative office of the district attorneys, the public
466466 defender department, the children, youth and families
467467 department, the county sheriff or the municipal police
468468 department, individuals representing local programs and private
469469 citizens.]"
470470 SECTION 6. Section 41-4-3 NMSA 1978 (being Laws 1976,
471471 Chapter 58, Section 3, as amended) is amended to read:
472472 "41-4-3. DEFINITIONS.--As used in the Tort Claims Act:
473473 A. "board" means the risk management advisory
474474 board;
475475 B. "governmental entity" means the state or any
476476 local public body as defined in Subsections C and H of this
477477 section;
478478 C. "local public body" means all political
479479 subdivisions of the state and their agencies, instrumentalities
480480 and institutions and all water and natural gas associations
481481 organized pursuant to Chapter 3, Article 28 NMSA 1978;
482482 D. "law enforcement officer" means a full-time
483483 salaried public employee of a governmental entity, or a
484484 certified part-time salaried police officer employed by a
485485 governmental entity, whose principal duties under law are to
486486 hold in custody any person accused of a criminal offense, to
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515515 maintain public order or to make arrests for crimes, or members
516516 of the national guard when called to active duty by the
517517 governor;
518518 E. "maintenance" does not include:
519519 (1) conduct involved in the issuance of a
520520 permit, driver's license or other official authorization to use
521521 the roads or highways of the state in a particular manner; or
522522 (2) an activity or event relating to a public
523523 building or public housing project that was not foreseeable;
524524 F. "public employee" means an officer, employee or
525525 servant of a governmental entity, excluding independent
526526 contractors except for individuals defined in Paragraphs (7),
527527 (8), (10), (14) and (17) of this subsection, or of a
528528 corporation organized pursuant to the Educational Assistance
529529 Act, the Small Business Investment Act or the Mortgage Finance
530530 Authority Act or a licensed health care provider, who has no
531531 medical liability insurance, providing voluntary services as
532532 defined in Paragraph (16) of this subsection and including:
533533 (1) elected or appointed officials;
534534 (2) law enforcement officers;
535535 (3) persons acting on behalf or in service of
536536 a governmental entity in any official capacity, whether with or
537537 without compensation;
538538 (4) licensed foster parents providing care for
539539 children in the custody of the [human services department,
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568568 corrections department or department of health ] state, but not
569569 including foster parents certified by a licensed child
570570 placement agency;
571571 (5) members of state or local selection panels
572572 established pursuant to the Adult Community Corrections Act;
573573 (6) members of state or local selection panels
574574 established pursuant to the Juvenile Community [Corrections ]
575575 Connections Act;
576576 (7) licensed medical, psychological or dental
577577 arts practitioners providing services to the corrections
578578 department pursuant to contract;
579579 (8) members of the board of directors of the
580580 New Mexico medical insurance pool;
581581 (9) individuals who are members of medical
582582 review boards, committees or panels established by the
583583 educational retirement board or the retirement board of the
584584 public employees retirement association;
585585 (10) licensed medical, psychological or dental
586586 arts practitioners providing services to the children, youth
587587 and families department pursuant to contract;
588588 (11) members of the board of directors of the
589589 New Mexico educational assistance foundation;
590590 (12) members of the board of directors of the
591591 New Mexico student loan guarantee corporation;
592592 (13) members of the New Mexico mortgage
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621621 finance authority;
622622 (14) volunteers, employees and board members
623623 of court-appointed special advocate programs;
624624 (15) members of the board of directors of the
625625 small business investment corporation;
626626 (16) health care providers licensed in New
627627 Mexico who render voluntary health care services without
628628 compensation in accordance with rules promulgated by the
629629 secretary of health. The rules shall include requirements for
630630 the types of locations at which the services are rendered, the
631631 allowed scope of practice and measures to ensure quality of
632632 care;
633633 (17) an individual while participating in the
634634 state's adaptive driving program and only while using a
635635 special-use state vehicle for evaluation and training purposes
636636 in that program;
637637 (18) the staff and members of the board of
638638 directors of the New Mexico health insurance exchange
639639 established pursuant to the New Mexico Health Insurance
640640 Exchange Act; and
641641 (19) members of the insurance nominating
642642 committee;
643643 G. "scope of duty" means performing any duties that
644644 a public employee is requested, required or authorized to
645645 perform by the governmental entity, regardless of the time and
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674674 place of performance; and
675675 H. "state" or "state agency" means the state of New
676676 Mexico or any of its branches, agencies, departments, boards,
677677 instrumentalities or institutions."
678678 SECTION 7. Section 41-13-2 NMSA 1978 (being Laws 1999,
679679 Chapter 268, Section 3) is amended to read:
680680 "41-13-2. DEFINITIONS.--As used in the Governmental
681681 Immunity Act:
682682 A. "employment" includes services provided by an
683683 immune contractor;
684684 B. "governmental entity" means the state or a local
685685 public body;
686686 C. "immune contractor" means a person that:
687687 (1) is an independent contractor; [and ]
688688 (2) contracts with a governmental entity to
689689 provide:
690690 (a) care for children in the custody of
691691 the [human services department, corrections department or
692692 department of health] state, as a licensed foster parent,
693693 excluding foster parents certified by a licensed child
694694 placement agency; or
695695 (b) services to the children, youth and
696696 families department or the corrections department as a licensed
697697 medical, psychological or dental arts practitioner;
698698 (3) is a member of:
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727727 (a) a state or local selection panel
728728 established pursuant to the Juvenile Community [Corrections ]
729729 Connections Act;
730730 (b) a state or local selection panel
731731 established pursuant to the Adult Community Corrections Act;
732732 (c) the board of directors of the New
733733 Mexico [comprehensive health ] medical insurance pool;
734734 (d) a medical review board, a committee
735735 or panel established by the educational retirement board or the
736736 retirement board of the public employees retirement
737737 association;
738738 (e) the board of directors of the New
739739 Mexico educational assistance foundation; or
740740 (f) the board of directors of the New
741741 Mexico student loan guarantee corporation; or
742742 (4) is a volunteer, employee or board member
743743 of a court-created special advocate program;
744744 D. "local public body" means a political
745745 subdivision of the state and its agencies, instrumentalities
746746 and institutions and a water and natural gas association
747747 organized pursuant to Chapter 3, Article 28 NMSA 1978;
748748 E. "public employee" means a natural person that is
749749 an officer or employee of a governmental entity; and
750750 F. "state" means the state of New Mexico or any of
751751 its branches, agencies, departments, boards, instrumentalities
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780780 or institutions."
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