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HOUSE BILL 255
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Elizabeth "Liz" Thomson and Antonio Maestas and Art De La Cruz
and Anita Gonzales
AN ACT
RELATING TO CHILDREN; RENAMING THE "JUVENILE COMMUNITY
CORRECTIONS ACT" TO THE "JUVENILE COMMUNITY CONNECTIONS ACT";
AMENDING THE JUVENILE COMMUNITY CONNECTIONS ACT; PROVIDING THAT
MONEY IN THE JUVENILE COMMUNITY CONNECTIONS FUND MAY BE USED TO
OPERATE PROGRAMS THAT PROVIDE SERVICES FOR ADJUDICATED
DELINQUENTS, CHILDREN OR YOUTH; ESTABLISHING A LOCAL PANEL TO
DETERMINE THE NEXT STEPS OF A DELINQUENT SENTENCED TO A
JUVENILE FACILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 33-9A-1 NMSA 1978 (being Laws 1988,
Chapter 101, Section 39, as amended) is amended to read:
"33-9A-1. SHORT TITLE.--Chapter 33, Article 9A NMSA 1978
may be cited as the "Juvenile Community [Corrections ]
Connections Act"."
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SECTION 2. Section 33-9A-2 NMSA 1978 (being Laws 1988,
Chapter 101, Section 40, as amended) is amended to read:
"33-9A-2. DEFINITIONS.--As used in the Juvenile Community
[Corrections] Connections Act:
A. "child" means a person who is less than eighteen
years old;
[A.] B. "delinquent" means a child adjudicated
delinquent pursuant to the Children's Code;
[B.] C. "department" means the children, youth and
families department;
[C.] D. "fund" means the juvenile community
[corrections] connections grant fund;
[D.] E. "secretary" means the secretary of
children, youth and families; [and
E.] F. "volunteer services" means services provided
by individuals or organizations without compensation,
reimbursement or award of any type; and
G. "youth" means a person who is eighteen years or
older but less than twenty-six years old ."
SECTION 3. Section 33-9A-3 NMSA 1978 (being Laws 1988,
Chapter 101, Section 41, as amended) is amended to read:
"33-9A-3. JUVENILE COMMUNITY [CORRECTIONS ] CONNECTIONS
GRANT FUND CREATED--PURPOSE--ADMINISTRATION--REPORT.--
A. There is created in the state treasury the
"juvenile community [corrections ] connections grant fund" to be
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administered by the department. All balances in the fund are
appropriated to the department to carry out the purposes of the
fund, and no money shall be transferred to another fund or be
encumbered or disbursed in any manner except as provided in the
Juvenile Community [Corrections ] Connections Act.
Disbursements from the fund shall be made only upon warrant
drawn by the secretary of finance and administration pursuant
to vouchers signed by the secretary of children, youth and
families.
B. Money in the fund shall be used by the
department to make grants to counties, municipalities or
private organizations, individually or jointly, to provide
community [corrections ] programs and services for the diversion
of adjudicated delinquents or children or youth referred by the
department to community-based settings. No grant shall be made
to a private organization that is not a nonprofit organization
without the approval of the secretary. The department may also
use money in the fund to contract directly for or operate
[juvenile community corrections ] programs that provide services
for adjudicated delinquents or children or youth referred by
the department.
C. No more than [ten ] twelve percent of the money
in the fund shall be used by the department for administration
and program monitoring by the department. No more than [ten ]
twelve percent of any grant from the fund shall be used for
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administrative costs incurred by the grantee.
D. After notice and public hearing as required by
law, the secretary shall adopt [regulations ] rules that provide
standards for qualifications for grants, priorities for
awarding of grants and other standards regarding [juvenile
community corrections ] programs [deemed necessary ] that provide
services for adjudicated delinquents or children or youth
referred by the department . The department shall review and
approve or disapprove all applications submitted pursuant to
the Juvenile Community [Corrections ] Connections Act for a
grant of funds from the fund.
E. The department shall submit an annual report to
the governor and legislature not later than December 15
providing information on grant awards, program effectiveness
and monitoring efforts and making recommendations as necessary
to carry out the purpose of the fund.
F. The department may accept donations, payments,
contributions, gifts or grants from whatever source for the
benefit of the fund."
SECTION 4. Section 33-9A-4 NMSA 1978 (being Laws 1988,
Chapter 101, Section 42, as amended) is amended to read:
"33-9A-4. APPLICATIONS--CRITERIA.--
A. Counties, municipalities or private
organizations, individually or jointly, may apply for grants
from the fund, including grants for counties or municipalities
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to purchase contractual services from private organizations;
provided that:
(1) the application is for funding a program
with priority use being for [delinquents selected pursuant to
the provisions of Section 33-9A-5 NMSA 1978 ] children and youth
to provide prevention, intervention and diversion services ;
(2) the applicant certifies that [it ] the
applicant is willing and able to operate the program according
to standards provided by the department, which may include the
negotiation of a [contract ] program agreement or service
agreement between the [delinquent ] child or youth and program
staff with provisions such as deductions from employment income
for applicable victim restitution, family support, room and
board, savings and weekly allowance. In addition to monetary
restitution, to the extent practical, or if monetary
restitution is not applicable, the [contract ] program agreement
or service agreement may include provision for community
service restitution for a specific number of hours;
(3) the applicant demonstrates the support of
key components of [the criminal justice system ] prevention,
intervention and diversion ;
(4) the applicant, if a private organization,
demonstrates the support of the county and municipality where
the program will provide services;
(5) the applicant certifies that it will
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utilize volunteer services as an integral portion of the
program to the maximum extent feasible; and
(6) no class A county alone or in conjunction
with any municipality within a class A county shall receive
more than forty-nine percent of any money appropriated to the
fund.
B. Notwithstanding the provisions of Subsection A
of this section, the department may utilize the fund to place
individuals eligible, or within twelve months of eligibility,
for [parole] supervised release in community-based settings.
The department may, in its discretion, require participation by
a delinquent in a program as a condition of supervised release.
C. The department may utilize not more than twenty-
five percent of the fund [to contract directly for community
corrections programs] for a program agreement or service
agreement that provides services for adjudicated delinquents or
children or youth referred by the department or to establish
programs operated by the department; provided, however, that
the department may utilize up to an additional ten percent of
the fund to operate [juvenile community corrections ] programs
that provide services for adjudicated delinquents or children
or youth referred by the department if, after a reasonable
effort to solicit proposals, there are no satisfactory
proposals from a community where it is determined that a
program is necessary or if it becomes necessary to cancel a
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program as provided in the contract.
D. The department shall establish additional
guidelines for allocation of funds under the Juvenile Community
[Corrections] Connections Act. An applicant shall retain the
authority to accept or reject the placement of [any delinquent ]
a child or youth in a program."
SECTION 5. Section 33-9A-5 NMSA 1978 (being Laws 1988,
Chapter 101, Section 43, as amended) is amended to read:
"33-9A-5. SELECTION PANELS.--
A. [The department shall establish a state panel ] A
county, municipality or private organization, individually or
jointly, may establish a local panel whose duties shall be to
immediately screen and identify delinquents sentenced to a
juvenile [correctional ] facility of the department and
transferred to the legal custody of the department [except
individuals who are sentenced or transferred from a judicial
district that has established a local panel to exercise these
duties pursuant to the provisions of this section and who meet
the following criteria:
(1) the offense involved is one for which
community service or reasonable restitution may be made using a
payment schedule compatible with the total amount of
restitution to be paid and the time the offender is to
participate in a program; and
(2) the child is willing to enter into a
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contract that establishes objectives that shall be achieved
before release from the program ]. The composition of a local
panel shall include representatives from the judiciary, the
local schools, the department, the county sheriff or the
municipal police department, individuals representing local
programs and private citizens.
B. The department may establish criteria [in
addition to those established in Subsection A of this section ]
for the screening of delinquents who would benefit from
participation in a program and who would not pose a threat to
the community.
C. If the [state] local panel determines that a
child is suitable for placement in a program, a recommendation
to that effect and for modification of disposition shall be
presented as soon as possible to the sentencing judge or the
department, which may, notwithstanding any provision of law,
accept, modify or reject the recommendation. The determination
shall be presented to the county, municipality or private
nonprofit organization, as applicable, for approval or
rejection.
[D. A county, municipality or private nonprofit
organization, individually or jointly, may establish a local
panel to exercise the duties and responsibilities of the state
panel pursuant to the provisions of Subsection A of this
section and, using the same criteria as the state panel, the
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local panel may screen and identify delinquents. The
composition of a local panel shall include, to the maximum
extent possible, representatives of the judiciary, the
administrative office of the district attorneys, the public
defender department, the children, youth and families
department, the county sheriff or the municipal police
department, individuals representing local programs and private
citizens.]"
SECTION 6. Section 41-4-3 NMSA 1978 (being Laws 1976,
Chapter 58, Section 3, as amended) is amended to read:
"41-4-3. DEFINITIONS.--As used in the Tort Claims Act:
A. "board" means the risk management advisory
board;
B. "governmental entity" means the state or any
local public body as defined in Subsections C and H of this
section;
C. "local public body" means all political
subdivisions of the state and their agencies, instrumentalities
and institutions and all water and natural gas associations
organized pursuant to Chapter 3, Article 28 NMSA 1978;
D. "law enforcement officer" means a full-time
salaried public employee of a governmental entity, or a
certified part-time salaried police officer employed by a
governmental entity, whose principal duties under law are to
hold in custody any person accused of a criminal offense, to
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maintain public order or to make arrests for crimes, or members
of the national guard when called to active duty by the
governor;
E. "maintenance" does not include:
(1) conduct involved in the issuance of a
permit, driver's license or other official authorization to use
the roads or highways of the state in a particular manner; or
(2) an activity or event relating to a public
building or public housing project that was not foreseeable;
F. "public employee" means an officer, employee or
servant of a governmental entity, excluding independent
contractors except for individuals defined in Paragraphs (7),
(8), (10), (14) and (17) of this subsection, or of a
corporation organized pursuant to the Educational Assistance
Act, the Small Business Investment Act or the Mortgage Finance
Authority Act or a licensed health care provider, who has no
medical liability insurance, providing voluntary services as
defined in Paragraph (16) of this subsection and including:
(1) elected or appointed officials;
(2) law enforcement officers;
(3) persons acting on behalf or in service of
a governmental entity in any official capacity, whether with or
without compensation;
(4) licensed foster parents providing care for
children in the custody of the [human services department,
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corrections department or department of health ] state, but not
including foster parents certified by a licensed child
placement agency;
(5) members of state or local selection panels
established pursuant to the Adult Community Corrections Act;
(6) members of state or local selection panels
established pursuant to the Juvenile Community [Corrections ]
Connections Act;
(7) licensed medical, psychological or dental
arts practitioners providing services to the corrections
department pursuant to contract;
(8) members of the board of directors of the
New Mexico medical insurance pool;
(9) individuals who are members of medical
review boards, committees or panels established by the
educational retirement board or the retirement board of the
public employees retirement association;
(10) licensed medical, psychological or dental
arts practitioners providing services to the children, youth
and families department pursuant to contract;
(11) members of the board of directors of the
New Mexico educational assistance foundation;
(12) members of the board of directors of the
New Mexico student loan guarantee corporation;
(13) members of the New Mexico mortgage
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finance authority;
(14) volunteers, employees and board members
of court-appointed special advocate programs;
(15) members of the board of directors of the
small business investment corporation;
(16) health care providers licensed in New
Mexico who render voluntary health care services without
compensation in accordance with rules promulgated by the
secretary of health. The rules shall include requirements for
the types of locations at which the services are rendered, the
allowed scope of practice and measures to ensure quality of
care;
(17) an individual while participating in the
state's adaptive driving program and only while using a
special-use state vehicle for evaluation and training purposes
in that program;
(18) the staff and members of the board of
directors of the New Mexico health insurance exchange
established pursuant to the New Mexico Health Insurance
Exchange Act; and
(19) members of the insurance nominating
committee;
G. "scope of duty" means performing any duties that
a public employee is requested, required or authorized to
perform by the governmental entity, regardless of the time and
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place of performance; and
H. "state" or "state agency" means the state of New
Mexico or any of its branches, agencies, departments, boards,
instrumentalities or institutions."
SECTION 7. Section 41-13-2 NMSA 1978 (being Laws 1999,
Chapter 268, Section 3) is amended to read:
"41-13-2. DEFINITIONS.--As used in the Governmental
Immunity Act:
A. "employment" includes services provided by an
immune contractor;
B. "governmental entity" means the state or a local
public body;
C. "immune contractor" means a person that:
(1) is an independent contractor; [and ]
(2) contracts with a governmental entity to
provide:
(a) care for children in the custody of
the [human services department, corrections department or
department of health] state, as a licensed foster parent,
excluding foster parents certified by a licensed child
placement agency; or
(b) services to the children, youth and
families department or the corrections department as a licensed
medical, psychological or dental arts practitioner;
(3) is a member of:
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(a) a state or local selection panel
established pursuant to the Juvenile Community [Corrections ]
Connections Act;
(b) a state or local selection panel
established pursuant to the Adult Community Corrections Act;
(c) the board of directors of the New
Mexico [comprehensive health ] medical insurance pool;
(d) a medical review board, a committee
or panel established by the educational retirement board or the
retirement board of the public employees retirement
association;
(e) the board of directors of the New
Mexico educational assistance foundation; or
(f) the board of directors of the New
Mexico student loan guarantee corporation; or
(4) is a volunteer, employee or board member
of a court-created special advocate program;
D. "local public body" means a political
subdivision of the state and its agencies, instrumentalities
and institutions and a water and natural gas association
organized pursuant to Chapter 3, Article 28 NMSA 1978;
E. "public employee" means a natural person that is
an officer or employee of a governmental entity; and
F. "state" means the state of New Mexico or any of
its branches, agencies, departments, boards, instrumentalities
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or institutions."
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