HOUSE BILL 391
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Rick Miera
AN ACT
RELATING TO JUVENILES; PROVIDING FOR REIMBURSEMENT TO COUNTIES FOR A CHILD ORDERED TO BE PLACED IN A COUNTY JUVENILE DETENTION FACILITY WHILE ON PROBATION OR PAROLE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 32A-2-12 NMSA 1978 (being Laws 1993, Chapter 77, Section 41, as amended) is amended to read:
"32A-2-12. PLACEMENT OR DETENTION.--
A. A child alleged to be a delinquent child may be placed or detained, pending a court hearing, in any of the following places:
(1) a licensed foster home or a home otherwise authorized under the law to provide foster or group care;
(2) a facility operated by a licensed child welfare services agency;
(3) a shelter-care facility provided for in the Children's Shelter Care Act or a detention facility certified by the department for children alleged to be delinquent children;
(4) any other suitable place, other than a facility for the long-term care and rehabilitation of delinquent children to which children adjudicated as delinquent may be confined pursuant to Section 32A-2-19 NMSA 1978, designated by the court and which meets the standards for detention facilities pursuant to the Children's Code and federal law; or
(5) the child's home or place of residence, under conditions and restrictions approved by the court.
B. A child alleged to be a youthful offender may be detained, pending a court hearing, in any of the following places:
(1) a detention facility, licensed by the department, for children alleged to be delinquent children; or
(2) any other suitable place, other than a facility for the long-term care and rehabilitation of delinquent children to which children adjudicated as delinquent children may be confined pursuant to Section 32A-2-19 NMSA 1978, designated by the court and that meets the standards for detention facilities pursuant to the Children's Code and federal law.
C. A child adjudicated as a youthful offender who is violent toward staff or other residents in a detention facility may be transferred and detained, pending a court hearing, in a county jail. In the event that a child is detained in a jail, the director of the jail shall presume that the child is vulnerable to victimization by inmates within the adult population because of his age, and shall take measures to provide protection to the child. However, provision of protective measures shall not result in diminishing a child's civil rights to less than those existing for an incarcerated adult.
D. A child who has previously been incarcerated as an adult or a person older than eighteen years of age shall not be detained in a juvenile detention facility or a facility for the long-term care and rehabilitation of delinquent children, but may be detained in a county jail. In the event that a child is detained in a jail, the director of the jail shall presume that the child is vulnerable to victimization by inmates within the adult population because of his age, and shall take measures to provide protection to the child. However, provision of protective measures shall not result in diminishing a child's civil rights to less than those existing for an incarcerated adult.
E. A child alleged to be a serious youthful offender may be detained pending a court hearing in any of the following places, prior to arraignment in metropolitan, magistrate or district court:
(1) a detention facility, licensed by the department, for children alleged to be delinquent children;
(2) any other suitable place, other than a facility for the long-term care and rehabilitation of delinquent children to which children adjudicated as delinquent children may be confined pursuant to Section 32A-2-19 NMSA 1978, designated by the court which meets the standards for detention facilities pursuant to the Children's Code and federal law; or
(3) a county jail, if a facility in Paragraph (1) or (2) of this subsection is not appropriate. In the event that a child is detained in a jail, the director of the jail shall presume that the child is vulnerable to victimization by inmates within the adult population because of his age and shall take measures to provide protection to the child. However, provision of protective measures shall not result in diminishing a child's civil rights to less than those existing for an incarcerated adult.
F. The state shall reimburse counties for the daily cost of care, as established by the county, for a child that is placed on probation or parole and ordered placed in the county juvenile detention facility."
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