45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO JUVENILES; PERMITTING OUT-OF-STATE DISPOSITION OF ADJUDICATED JUVENILES IN CERTAIN CIRCUMSTANCES; MAKING AN APPROPRIATION.

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

Section 1. A new Section 9-2A-8.1 NMSA 1978 is enacted to read:

"9-2A-8.1. [NEW MATERIAL] LIMITED OUT-OF-STATE DISPOSITION OF ADJUDICATED JUVENILES.--In situations where special programs exist out of state that the juvenile court determines would be beneficial to the rehabilitation of juvenile offenders that do not exist in state, the department shall, in consultation with representatives of the administrative office of the courts, establish rules for appropriate out-of-state disposition of such adjudicated juvenile offenders. Rules shall require that:

A. an eligible juvenile have a sentence of no less than two years;

B. an eligible juvenile be determined to be a minimum security risk;

C. an eligible juvenile not be convicted of a sex offense;

D. the facility to which the juvenile is sent would be considered a minimum security facility; and

E. the facility to which the juvenile would be sent does not employ psychotropic drugs in caring for juveniles in its custody."

Section 2. APPROPRIATION.--One million dollars ($1,000,000) is appropriated from the general fund to the children, youth and families department for expenditure in fiscal year 2002 for the purpose of supporting special out-of-state disposition of adjudicated juvenile offenders. Funds from this appropriation shall only be expended after agreement between the department and the sentencing court that the adjudicated juvenile offender to be placed out of state meets standards adopted by the department. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.