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SENATE BILL 322
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Linda M. López and Harold Pope and Antoinette Sedillo Lopez
and Shannon D. Pinto
AN ACT
RELATING TO CHILDREN; LIMITING WHEN A STRIP OR CAVITY SEARCH
MAY BE PERFORMED IN A DETENTION FACILITY; PROHIBITING CAMERAS
OR FILMING IN CERTAIN AREAS OF A DETENTION FACILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 32A-2-4 NMSA 1978 (being Laws 1993,
Chapter 77, Section 33, as amended) is amended to read:
"32A-2-4. DETENTION FACILITIES--STANDARDS--REPORTS--
APPEALS--LIMIT OF A STRIP OR CAVITY SEARCH--PROHIBITING CAMERAS
OR FILMING IN CERTAIN AREAS .--
A. The department shall promulgate updated
standards for all detention facilities, including standards for
site, design, construction, equipment, care, program, personnel
and clinical services. The department shall certify as
approved all detention facilities in the state meeting the
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standards promulgated. The department may establish by rule
appropriate procedures for provisional certification and the
waiving of any of its standards for facilities in existence at
the time of the adoption of the standards, except that it shall
not allow waiver of any standard pertaining to adequate health
and safety protection of the residents and staff of the
facility. No child shall be detained in a detention facility
unless it is certified as approved by the department, except as
otherwise provided in Chapter 32A, Article 2 NMSA 1978.
B. The department shall inspect all detention
facilities in the state at least once each twelve months and
shall require those reports it deems necessary from detention
facilities in a form and containing the information determined
by the department. If as the result of an inspection a
certified detention facility is determined as failing to meet
the required standards, its certification is subject to
revocation or refusal for renewal by the department.
C. The department shall promulgate rules
establishing procedures that provide for prior notice and
public hearings on detention facilities' standards adoption and
changes. The department shall also promulgate rules
establishing procedures for facility certification, renewal of
certification, refusal to renew certification and revocation of
certification. The procedures adopted on these matters shall
provide for adequate prior notice of intended action by the
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department, opportunity for the aggrieved person to have an
administrative hearing and written notification of the
administrative decision. Rules promulgated under this
subsection shall not be effective unless filed in accordance
with the State Rules Act.
D. Any person aggrieved by an administrative
decision of the department rendered under the provisions of
this section may petition for the review of the administrative
decision by appealing to the district court pursuant to the
provisions of Section 39-3-1.1 NMSA 1978.
E. After January 1, 1994, no state or county
detention facility shall hold juveniles sentenced by a federal
court, unless the facility meets state standards promulgated by
the department.
F. A juvenile detention facility certified by the
department shall comply with the daily reporting requirement
for children in detention, including reports on the length of
stay for each child. This information shall be reported as
required by the department.
G. A strip or body cavity search may be performed
with only:
(1) probable cause that there is dangerous
contraband that could not otherwise be discovered; and
(2) authorization from the detention facility
superintendent or the superintendent's designee.
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H. A strip or body cavity search shall involve the
least invasive means necessary on the articulated and
documented safety and concern. An incident report shall be
completed following any strip or body cavity search. The
incident report shall include:
(1) the full name of the child;
(2) documentation of the probable cause;
(3) the steps taken to retrieve the suspected
contraband in a noninvasive manner;
(4) the date, time and location of the search;
(5) the names, current position, gender and
signatures of the personnel conducting the search; and
(6) the results of the search, including
disposition of contraband if recovered.
I. Copies of an incident report documenting the
strip or body cavity search shall be submitted to the detention
facility superintendent or the superintendent's designee by the
next business day following the occurrence.
J. No cameras or visual filming devices shall be
placed in the shower or toilet areas of a detention facility. "
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