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HOUSE BILL 434
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Joseph Franklin Hernandez
AN ACT
RELATING TO CHILDREN; EXPANDING THE MANDATORY SUPERVISED
RELEASE TIME FRAME TO UP TO ONE HUNDRED EIGHTY DAYS FOR AN
ADJUDICATED DELINQUENT CHILD.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 32A-2-19 NMSA 1978 (being Laws 1993,
Chapter 77, Section 48, as amended) is amended to read:
"32A-2-19. DISPOSITION OF AN ADJUDICATED DELINQUENT
OFFENDER.--
A. At the conclusion of the dispositional hearing,
the court may make and include in the dispositional judgment
its findings on the following:
(1) the interaction and interrelationship of
the child with the child's parents and siblings and any other
person who may significantly affect the child's best interests;
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(2) the child's adjustment to the child's
home, school and community;
(3) the mental and physical health of all
individuals involved, including consideration of such factors
as the child's brain development, maturity, trauma history and
disability;
(4) the wishes of the child as to the child's
custodian;
(5) the wishes of the child's parents as to
the child's custody;
(6) whether there exists a relative of the
child or other individual who, after study by the department,
is found to be qualified to receive and care for the child;
(7) the availability of services recommended
in the predisposition report; and
(8) the ability of the parents to care for the
child in the home.
B. If a child is found to be delinquent, the court
may enter its judgment making any of the following dispositions
for the supervision, care and rehabilitation of the child:
(1) transfer legal custody to the department,
an agency responsible for the care and rehabilitation of
delinquent children, which shall receive the child at a
facility designated by the secretary of the department as a
juvenile reception facility. The department shall thereafter
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determine the appropriate placement, supervision and
rehabilitation program for the child. The judge may include
recommendations for placement of the child. Commitments are
subject to limitations and modifications set forth in Section
32A-2-23 NMSA 1978. The types of commitments include:
(a) a short-term commitment of eighteen
months with up to one year in a facility for the care and
rehabilitation of adjudicated delinquent children. [No more
than nine months] Up to one year shall be served at the
facility and [no less than ninety days ] up to one hundred
eighty days shall be served on supervised release, unless: 1)
a petition to extend the commitment has been filed prior to the
commencement of supervised release; 2) the commitment has been
extended pursuant to Section 32A-2-23 NMSA 1978; [or ] 3)
supervised release is revoked pursuant to Section 32A-2-25 NMSA
1978; or 4) there is a violation of supervised release, in
which case the remainder of the term shall be served in the
facility;
(b) a long-term commitment for no more
than two years in a facility for the care and rehabilitation of
adjudicated delinquent children. No more than twenty-one
months shall be served at the facility and [no less than ninety
days] up to one hundred eighty days shall be served on
supervised release, unless: 1) supervised release is revoked
pursuant to Section 32A-2-25 NMSA 1978; or 2) the commitment is
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extended pursuant to Section 32A-2-23 NMSA 1978;
(c) if the child is a delinquent
offender who committed one of the criminal offenses set forth
in Subsection J of Section 32A-2-3 NMSA 1978, a commitment to
age twenty-one, unless sooner discharged; or
(d) if the child is a youthful offender,
a commitment to age twenty-one, unless sooner discharged;
(2) place the child on probation under those
conditions and limitations as the court may prescribe;
(3) place the child in a local detention
facility that has been certified in accordance with the
provisions of Section 32A-2-4 NMSA 1978 for a period not to
exceed fifteen days within a three hundred sixty-five day time
period; or if a child is found to be delinquent solely on the
basis of Paragraph (3) of Subsection A of Section 32A-2-3 NMSA
1978, the court shall only enter a judgment placing the child
on probation or ordering restitution or both; or
(4) if a child is found to be delinquent
solely on the basis of Paragraph (2), (3) or (4) of Subsection
A of Section 32A-2-3 NMSA 1978, the court may make any
disposition provided by this section and may enter its judgment
placing the child on probation and, as a condition of
probation, transfer custody of the child to the department for
a period not to exceed six months without further order of the
court; provided that this transfer shall not be made unless the
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court first determines that the department is able to provide
or contract for adequate and appropriate treatment for the
child and that the treatment is likely to be beneficial.
C. When the child is an Indian child, the Indian
child's cultural needs shall be considered in the dispositional
judgment and reasonable access to cultural practices and
traditional treatment shall be provided.
D. A child found to be delinquent shall not be
committed or transferred to a penal institution or other
facility used for the execution of sentences of persons
convicted of crimes.
E. Whenever the court vests legal custody in an
agency, institution or department, it shall transmit with the
dispositional judgment copies of the clinical reports,
predisposition study and report and other information it has
pertinent to the care and treatment of the child.
F. Prior to any child being placed in the custody
of the department, the department shall be provided with
reasonable oral or written notification and an opportunity to
be heard.
G. In addition to any other disposition pursuant to
Subsection B of this section, the court may make an abuse or
neglect report for investigation and proceedings as provided
for in the Abuse and Neglect Act. The report may be made to a
local law enforcement agency, the department or a tribal law
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enforcement or social service agency for an Indian child
residing in Indian country.
H. In addition to any other disposition pursuant to
this section or any other penalty provided by law, if a child
who is fifteen years of age or older is adjudicated delinquent
on the basis of Paragraph (2), (3) or (4) of Subsection A of
Section 32A-2-3 NMSA 1978, the child's driving privileges may
be denied or the child's driver's license may be revoked for a
period of ninety days. For a second or a subsequent
adjudication, the child's driving privileges may be denied or
the child's driver's license revoked for a period of one year.
Within twenty-four hours of the dispositional judgment, the
court may send to the motor vehicle division of the taxation
and revenue department the order adjudicating delinquency.
Upon receipt of an order from the court adjudicating
delinquency, the director of the motor vehicle division of the
taxation and revenue department may revoke or deny the
delinquent's driver's license or driving privileges. Nothing
in this section may prohibit the delinquent from applying for a
limited driving privilege pursuant to Section 66-5-35 NMSA 1978
or an ignition interlock license pursuant to the Ignition
Interlock Licensing Act, and nothing in this section precludes
the delinquent's participation in an appropriate educational,
counseling or rehabilitation program.
I. In addition to any other disposition pursuant to
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this section or any other penalty provided by law, when a child
is adjudicated delinquent on the basis of Paragraph (6) of
Subsection A of Section 32A-2-3 NMSA 1978, the child shall
perform the mandatory community service set forth in Section
30-15-1.1 NMSA 1978. When a child fails to completely perform
the mandatory community service, the name and address of the
child's parent or legal guardian shall be published in a
newspaper of general circulation, accompanied by a notice that
the parent or legal guardian is the parent or legal guardian of
a child adjudicated delinquent for committing graffiti."
SECTION 2. Section 32A-2-23 NMSA 1978 (being Laws 1993,
Chapter 77, Section 52, as amended) is amended to read:
"32A-2-23. LIMITATIONS ON DISPOSITIONAL JUDGMENTS--
MODIFICATION--TERMINATION OR EXTENSION OF COURT ORDERS.--
A. A judgment transferring legal custody of an
adjudicated delinquent child to an agency responsible for the
care and rehabilitation of delinquent children divests the
court of jurisdiction at the time of transfer of custody,
unless the transfer of legal custody is for a commitment not
exceeding fifteen days pursuant to the provisions of
Section 32A-2-19 NMSA 1978, in which case the court retains
jurisdiction.
B. A judgment of probation or protective
supervision shall remain in force for an indeterminate period
not to exceed the term of commitment from the date entered.
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C. A child shall be released by an agency and
probation or supervision shall be terminated by juvenile
probation and parole services or the agency providing
supervision when it appears that the purpose of the order has
been achieved before the expiration of the period of the
judgment. A release or termination and the reasons therefor
shall be reported promptly to the court in writing by the
releasing authority.
D. Prior to the expiration of a short-term
commitment of eighteen months with up to one year in a
facility, as provided for in Section 32A-2-19 NMSA 1978, the
court may extend the judgment for up to one six-month period if
the court finds that the extension is necessary to safeguard
the welfare of the child or the public safety. If a short-term
commitment is extended, the mandatory [ninety-day ] up to one
hundred eighty days of supervised release, as required by
Section 32A-2-19 NMSA 1978, shall be included in the extension.
Notice and hearing are required for any extension of a
juvenile's commitment.
E. Prior to the expiration of a long-term
commitment, as provided for in Section 32A-2-19 NMSA 1978, the
court may extend the judgment for additional periods of one
year until the child reaches the age of twenty-one if the court
finds that the extension is necessary to safeguard the welfare
of the child or the public safety. If a long-term commitment
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is extended, the mandatory [ninety-day ] up to one hundred
eighty days of supervised release, as required by Section
32A-2-19 NMSA 1978, shall be included in the extension. Notice
and hearing are required for any extension of a juvenile's
commitment.
F. Prior to the expiration of a judgment of
probation, the court may extend the judgment for an additional
period of one year until the child reaches the age of twenty-
one if the court finds that the extension is necessary to
protect the community or to safeguard the welfare of the child.
G. The court may dismiss a motion if it finds after
preliminary investigation that the motion is without substance.
If the court is of the opinion that the matter should be
reviewed, it may, upon notice to all necessary parties, proceed
to a hearing in the manner provided for hearings on petitions
alleging delinquency. The court may terminate a judgment if it
finds that the child is no longer in need of care, supervision
or rehabilitation or it may enter a judgment extending or
modifying the original judgment if it finds that action
necessary to safeguard the child or the public interest.
H. A child may make a motion to modify a children's
court or adult disposition within thirty days of the judge's
decision. If the court is of the opinion that the matter
should be reviewed, it may, upon notice to all necessary
parties, proceed to a hearing in the manner provided for
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hearings on petitions alleging delinquency.
I. The department may seek a bench warrant from the
court when the child absconds from supervised release."
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