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

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

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.--As a part of the disposition, a juvenile court may allow an adjudicated juvenile offender to be placed in a rehabilitation program located out of state, provided the program and the adjudicated juvenile meet the standards and rules established by the department. The rules shall be established in consultation with the administrative office of the courts and shall, at a minimum, require that:

A. the disposition of the adjudicated juvenile be no less than two years;

B. the adjudicated juvenile has been determined to be a minimum security risk;

C. the juvenile has not been adjudicated as a sex offender;

D. the out-of-state facility is a minimum security facility; and

E. the out-of-state facility does not administer psychotropic drugs to juveniles in its custody."