46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO JUVENILES; CREATING A PILOT PROGRAM IN THE THIRD JUDICIAL DISTRICT; AUTHORIZING ALTERNATIVE DISPOSITIONS FOR ADJUDICATED DELINQUENT OFFENDERS AND YOUTHFUL OFFENDERS SUBJECT TO JUVENILE SANCTIONS; ENACTING A NEW SECTION OF THE DELINQUENCY ACT; MAKING AN APPROPRIATION.

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

Section 1. A new section of the Delinquency Act is enacted to read:

"[NEW MATERIAL] ALTERNATIVE DISPOSITIONS PILOT PROGRAM CREATED--THIRD JUDICIAL DISTRICT--ALTERNATIVE DISPOSITIONS FOR ADJUDICATED DELINQUENT OFFENDERS AND YOUTHFUL OFFENDERS SUBJECT TO JUVENILE SANCTIONS.--

A. The "alternative dispositions pilot program" is created in the third judicial district. The purpose of the program is to provide children's court judges in the third judicial district an opportunity to order an alternative disposition for a child in instances when the department does not offer sufficient services or programs for that child.

B. When a children's court judge in the third judicial district orders an alternative disposition, he shall place the child on probation and, as a condition of probation, place the child in a long-term facility for the care and rehabilitation of adjudicated delinquent children. The facility may be located in state or out of state, provided the facility is accredited by or meets standards established by the American correctional association. The placement shall be for a term of not less than eighteen months and not more than two years.

C. A child eligible for participation in the alternative dispositions pilot program shall:

(1) be adjudicated as a delinquent offender or as a youthful offender subject to juvenile sanctions;

(2) at the time of adjudication, be fifteen to eighteen years of age; and

(3) not be engaged in a course of treatment that includes the use of psychotropic medications.

D. A child is not eligible for participation in the alternative dispositions pilot program if he is adjudicated for:

(1) arson or negligent arson, as provided in Section 30-17-5 NMSA 1978;

(2) aggravated arson, as provided in Section 30-17-6 NMSA 1978; or

(3) a second or subsequent offense of criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978."

Section 2. APPROPRIATION.--Five hundred thousand dollars ($500,000) is appropriated from the general fund to the third judicial district court for expenditure in fiscal year 2004 for the purpose of operating an alternative dispositions pilot program in that judicial district. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.