HB0255

HOUSE BILL 255

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Elizabeth "Liz" Thomson and Antonio Maestas and Art De La Cruz and Anita Gonzales and Linda M. López

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"."

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 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 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 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 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 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 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 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 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, 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 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 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:

(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;

(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 or institutions."

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