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
Sens. Lopez, Pope, Sedillo Lopez and
Pinto
/Rep. Roybal Caballero
LAST UPDATED
ORIGINAL DATE 2/14/2025
SHORT TITLE Strip Searches & Cameras
BILL
NUMBER Senate Bill 322
ANALYST Dinces
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
CYFD
Indeterminate
but minimal
Indeterminate
but minimal
Indeterminate
but minimal
Recurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
Agency Analysis Received From
Administrative Office of the Courts (AOC) Administrative Office of the District Attorneys (AODA)
New Mexico Attorney General (NMAG)
Children, Youth, and Families Department (CYFD)
Agency Analysis was Solicited but Not Received From
Law Office of the Public Defender (LOPD) New Mexico Municipal League (NMML) Council of State Governments
SUMMARY
Synopsis of Senate Bill 322
Senate Bill 322 (SB322) amends 32A-2-4 that pertains to strip or body cavity searches in
juvenile detention facilities. The bill states that strip and body cavity searches can only be
conducted with probable cause from a facility superintendent. Searches must by be the least
invasive means possible and require documentation, including the name of the child, probable
cause, steps taken to retrieve contraband, date and time, location and personnel involved, and
result of the search. An incident report must be completed for each search and submitted to the
superintendent by the next business day. No camera or visual recording devices are allowed in
shower and toilet areas of detention facilities.
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.
Senate Bill 322 – Page 2
FISCAL IMPLICATIONS
This bill changes current practices regarding strip and body cavity searches in juvenile detention
facilities. These changes may increase workload because the workers at the detention facility
would need to complete an incident report after any strip or cavity search. Beyond the incident
report, the workers may also need to be trained in the new policy. However, these costs are likely
minimal. Juvenile Justice Services at the Children, Youth and Families Department (CYFD) has
full-time staff that certify detention homes, and CYFD can ensure this measure becomes part of
the detention standards certification.
SIGNIFICANT ISSUES
Nationally, there is a movement to reduce strip and body cavity searches of children. The
American Bar Association and other nation institutes state that strip searches can cause trauma to
children.
1,2
While there may be a need to search a juvenile for contraband, particularly in a
detention facility, current best practice would require using the least invasive method to perform
such a search.
According to the Administrative Office of the District Attorneys:
There are no remedies provided in the bill if the detention center does not follow these
procedures.
The New Mexico Supreme Court had found that “reasonable suspicion” is needed to strip
search a student at a school. See State v. Gage 149 N.M. 14. A probable cause standard
for detention center is not consistent with current New Mexico law. In a detention center,
there are very limited rights to privacy. A detention center is inherently more dangerous
than a school. However, SB322 essentially states that a search warrant standard is needed
to search a juvenile in a detention center. In a search warrant, there needs to be probable
cause, who executes the search warrant and what is found after the search warrant. This is
unreasonable standard to run a detention center.
CYFD states:
This function added to the Juvenile Justice staff person would become another of the
many standards required for a Detention Facility to become certified. It should be noted
the Juvenile Justice Correctional Facilities have very similar policies currently in place in
regard to searches.
ADMINISTRATIVE IMPLICATIONS
The Detention Standards would have to be updated by adding this requirement.
1
https://www.americanbar.org/groups/crsj/resources/human-rights/archive/strip-searching-children-state-imposed-
trauma/
2
https://jlc.org/resources/addressing-trauma-eliminating-strip-searches Senate Bill 322 – Page 3
TECHNICAL ISSUES
The New Mexico Attorney General points out:
The language of Section 1(H), in stating that a search “…shall involve the least invasive
means necessary…”, does not prevent more invasive means from being used, as it does
not include a limiting term such as “only”, etc.
SD/rl/hg/sgs