HOUSE BILL 27

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

William "Bill" R. Rehm

AN ACT

RELATING TO THE DELINQUENCY ACT; REPLACING TERMS REFERENCING PAROLE WITH THOSE REFERENCING SUPERVISED RELEASE; ALLOWING FOR THE TOLLING OF THE SUPERVISED RELEASE PERIOD UPON THE ISSUANCE OF A WARRANT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 32A-2-25 NMSA 1978 (being Laws 1993, Chapter 77, Section 54, as amended) is amended to read:

     "32A-2-25. [PAROLE REVOCATION] SUPERVISED RELEASE--PROCEDURES.--

          A. A child on [parole from an agency that has legal custody] supervised release who violates a term of [parole] supervised release may be proceeded against in a [parole revocation] supervised release proceeding conducted by the department [or the supervising agency] or by a hearing officer contracted by the department who is neutral to the child and the [agency] department in accordance with procedures established by the department in cooperation with the juvenile [parole] public safety advisory board and any other person designated by the department.

          B. A juvenile probation [and parole] officer may detain a child on [parole status] supervised release who is alleged to have violated a term or condition of [parole] supervised release until the completion and review of a preliminary [parole] supervised release revocation hearing. A child may waive the right to a preliminary [parole] supervised release revocation hearing after consultation with the child's attorney, parent, guardian or custodian.

          [B.] C. If a retake warrant is issued by the department upon the completion of the preliminary [parole] supervised release revocation hearing, or in the case of a waiver, the juvenile [institution] facility to which the warrant is issued shall promptly transport the child to that [institution] facility at the expense of the department. If a child absconds from [parole supervision] supervised release and is apprehended in another state after the issuance of a [retake] warrant by the [department] district court, the juvenile justice division of the department [shall] may cause the return of the child to this state at the expense of the department.

          D. The issuance of a warrant upon an allegation that the child has absconded from supervised release shall toll the supervised release period. After a hearing upon return, if the court finds the child willfully absconded from supervised release, the time from the date of the violation to the date of the child's arrest shall not be counted as time served on supervised release and the tolled time shall be added to the supervised release term."

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