Transcript Current Code - University of New Mexico

2005 Children’s Code
Amendments:
Delinquency Act
Youthful Offender
32A-2-3(I)(e):
Aggravated Battery Against a Household
Member, (under 30-3-16) added as a youthful
offender offense.
Preliminary Inquiry:
time limits, filing of petitions and extensions
32A-2-7(B),(C),(D):
- Child is advised of right to remain silent;
- If child is detained, the parent, custodian or
attorney shall be given reasonable notice of PI,
- If child is not detained:
- PI shall be conducted within 30 days of referral;
may be extended if the CYFD determines extension is
necessary and not prejudicial to the best interest of the child.
AND - Petition shall be filed within 60 days of PI, unless
motion is granted to extend for good cause shown. If a child
is not in custody or detention, a petition shall not be
dismissed for failure to comply with these time limits unless
there is a showing of prejudice to the child.
Child Under Age of Eleven
32A-2-10 (C)
 Shall not be held in detention
 If poses substantial risk of harm to self or
others, a police officer may detain and
transport for emergency mental health
evaluation
Juvenile warrants on persons in adult facility
32A-2-12(F):
When person 18 or older is taken into custody in
an adult facility, and there is an outstanding
juvenile warrant, notice shall be given to CCA
and JPPO within 1 day of being taken into
custody; JPPO shall notify Children's Court and
Child's Attorney.
Commitments, Parole, Extensions
32A-2-19(B)(1)(a),(b), 32A-2-23(D),(E), 32A-2-25(A)
- Up to one year: maximum 9 months in facility, no less than
90 days on parole, unless petition to extend has been filed prior
to commencement of parole, or commitment has been extended,
or parole is revoked. Prior to expiration, court may extend
commitment once for additional six months if “necessary to
safeguard the welfare of the child or the public safety.” Parole
included in extension. Notice and hearing required.
- Up to two years: maximum 21 months in facility, no less than
90 days on parole unless revoked or commitment has been
extended. Prior to expiration, court may order additional one
year commitments if “necessary to safeguard the welfare of the
child or the public safety,” until age of 21; notice and hearing
required.
NOTE: Child may waive preliminary parole revocation hearing only after
consultation with attorney, parent, guardian or custodian.
CYFD/protective services referral
32A-2-19(F)
Old language allowing delinquency court to
place child in CYFD/protective services
custody (which bypassed the due process rights
of parents) has been deleted. Replaced by an
option for the court to refer the child and
family to CYFD for an abuse/neglect
investigation.
Serious Youthful Offender
32A-2-20(G),(H):
Child 14 or older charged with first degree murder,
but found to have committed a Youthful Offender
(YO) offense, is subject to sentencing as a YO;
- If only found to have committed a delinquent
offense, subject to disposition for delinquents.
(Effectively overrules State v. Muniz, 2003-NMSC21, which held that a child charged as Serious YO,
who plead to delinquent offenses, could be sentenced
as an adult; and harmonizes this section with the
Criminal Sentencing Act 31-18-15.3)
If child found incompetent
32A-2-21(G)
- If charge is misdemeanor, court shall dismiss petition with
prejudice, and may recommend proceedings under the
Children's Mental Health Code.
- All other cases: proceedings stayed for up to one year, with
review every 90 days; petition dismissed without prejudice
if court finds child cannot be treated to competency, or if,
after one year, court determines child is incompetent to
stand trial or participate in own defense;
- Upon dismissal court may recommend proceedings under the
Children's Mental Health Code;
- During stay, court may order treatment to attain competency or
amend conditions of release under 32A-2-11, or 13.
Consent Decrees
32A-2-22:
-Admission of allegations in petition "shall
not" be required. (Was never required by
statute, but was by some courts)
- Deletes restriction on use of CDs to no
more than one CD within a 2 year period, i.e.,
now can have unlimited CDs, subject to court
approval.
Civil liability, Indigency standard
32A-2-27, 32A-2-30:
Civil liability for child's actions removed from
child's "custodian," who, unlike parents or guardians,
has no legal relationship to the children in his/her
care.
Similarly, custodians are not liable for services
rendered by public defender's office (as
distinguished from parents or guardians).
Confidentiality of Juvenile Records
32A-2-32(B)(12),(13),(16); (D)
Covers all client-identifying social records pertaining to
child, including facility records.
- Disclosure of records to school personnel only when
necessary to child's educational planning or educational
needs.
- Disclosure to parents, guardian, legal custodian, or foster
parent only if necessary for child's treatment or care, and
limited to such information as necessary to provide for the
treatment or care of child.
- CYFD shall promulgate regulations.