SENATE HEALTH AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 316

56th legislature - STATE OF NEW MEXICO - first session, 2023

AN ACT

RELATING TO CORRECTIONS; PROVIDING JUVENILE COMMUNITY CORRECTIONS GRANT FUND FUNDING FOR JUVENILES.

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

     SECTION 1. 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 GRANT FUND CREATED--PURPOSE--ADMINISTRATION--REPORT.--

          A. There is created in the state treasury the "juvenile community corrections 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 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] juveniles 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.

          C. Grantees should reflect the diverse population of the community receiving the services and may provide services for eligible juveniles, including those at risk of racial, gender, socioeconomic and mental health disparities.

          [C.] D. No more than ten 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 percent of any grant from the fund shall be used for administrative costs incurred by the grantee.

          [D.] E. After notice and public hearing as required by law, the secretary shall adopt regulations that provide standards for qualifications for grants, priorities for awarding of grants, [and] other standards regarding juvenile community corrections programs deemed necessary and a requirement that referrals to the community corrections programs and services shall be made by juvenile probation services. The department shall review and approve or disapprove all applications submitted pursuant to the Juvenile Community Corrections Act for a grant of funds from the fund. The juvenile justice advisory committee may have up to two members serve in an advisory role to the department in the grant award process.

          [E.] F. 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.] G. The department may accept donations, payments, contributions, gifts or grants from whatever source for the benefit of the fund.

          H. As used in this section, "juvenile" means a child referred to juvenile probation services with an offense that, if committed by an adult, would be a criminal offense or an adjudicated offender who has been found to have committed an offense that, if committed by an adult, would be a criminal offense."

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