HOUSE BILL 525
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Thomas E. Swisstack
AN ACT
RELATING TO JUVENILE SERVICES; REVISING THE CRITERIA FOR GRANT APPLICATIONS PURSUANT TO THE PROVISIONS OF THE REGIONAL JUVENILE SERVICES ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 33-12-1 NMSA 1978 (being Laws 1994, Chapter 16, Section 1) is amended to read:
"33-12-1. SHORT TITLE.--[This act] Chapter 33, Article 12 NMSA 1978 may be cited as the "Regional Juvenile Services Act"."
Section 2. Section 33-12-2 NMSA 1978 (being Laws 1994, Chapter 16, Section 2) is amended to read:
"33-12-2. PURPOSE.--The purpose of the Regional Juvenile Services Act is to:
A. establish [a regional system] eight regional systems of juvenile services, including secure detention facilities for juveniles and nonsecure alternatives to detention;
B. provide cost-effective care, through a continuum of services, to juveniles referred to juvenile probation and parole offices; and
C. encourage the state, counties, [and] municipalities and tribal governments to act in a cooperative fashion to provide juvenile services."
Section 3. Section 33-12-5 NMSA 1978 (being Laws 1994, Chapter 16, Section 5) is amended to read:
"33-12-5. CRITERIA FOR GRANT APPLICATIONS.--Units of local or tribal government or nonprofit organizations may apply for grants from the regional juvenile services grant fund, provided that:
A. for regional nonsecure alternative programs:
(1) the juvenile has been referred to the program by the juvenile probation and parole office;
(2) the program's primary purpose is to provide an alternative to placement in a secure juvenile detention facility;
(3) one or more units of local or tribal government agree to provide the required local matching funds;
(4) a region is identified and a formal regional organization is established;
(5) no more than eight regions will be recognized statewide;
[(4)] (6) the children's court division of the district court that has jurisdiction over the juvenile placed in the nonsecure program has approved the use of the program for such purposes; [and
(5)] (7) the amount of the grant application does not exceed [sixty] ninety percent of the total annual cost for the nonsecure alternative program; and
(8) a local match of project costs may consist of money, land, equipment or in-kind services;
B. for planning, assessment and design of a regional system of juvenile services:
(1) the grant application is for a project that will serve multiple contiguous counties, municipalities, Indian tribes or pueblos;
(2) no more than eight regions will be recognized statewide; and
(3) the amount of the grant application does not exceed [seventy-five] ninety percent of the total cost for planning, assessing and designing the regional system of juvenile services; or
C. for development of multipurpose regional facilities:
(1) the applicant certifies that it is willing and able to operate a multipurpose regional facility in conformance with standards for detention facilities set forth in the Children's Code;
(2) only juveniles will be detained or sheltered in a proposed multipurpose regional facility;
(3) no more than eight regions will be recognized statewide;
[(3)] (4) the grant application includes formal arrangements for provision of adequate space for nonsecure services within the multipurpose regional facility, including emergency shelter and emergency treatment services;
[(4)] (5) the region, composed of multiple contiguous counties, municipalities, Indian tribes or pueblos, that will use the multipurpose regional facility has been identified and established pursuant to a joint powers agreement entered into by units of local or tribal government within the region;
[(5)] (6) a formal agreement is entered into by all judicial districts within a region pledging the districts' intent to cooperate with a plan for a regional system of juvenile services; [and
(6)] (7) the amount of the grant application does not exceed [fifty] ninety percent of total project costs for the development of a multipurpose regional facility; and
(8) a local match of project costs may consist of money, land, equipment or in-kind services."
Section 4. Section 33-12-6 NMSA 1978 (being Laws 1994, Chapter 16, Section 6) is amended to read:
"33-12-6. CRITERIA FOR APPROVAL OF APPLICATIONS.--
A. Upon receipt of an application for a grant from the regional juvenile services grant fund for a nonsecure alternative program or service, the children, youth and families department shall certify that the alternative program will serve juveniles who would otherwise have been placed in secure detention.
B. Upon receipt of an application for planning, assessment and design of a regional system of juvenile services, the children, youth and families department shall certify that the application is for a project that will serve multiple contiguous counties, municipalities, Indian tribes or pueblos.
C. Upon receipt of an application to develop a multipurpose regional facility from the regional juvenile services grant fund, the children, youth and families department shall certify that the proposed development of a multipurpose regional facility set forth in the application conforms to standards for detention facilities set forth in the Children's Code and administrative regulations promulgated by the children, youth and families department. For those applicants for a multipurpose regional facility, priority shall be given to an applicant whose plan includes:
(1) provisions for a regional system of juvenile services within an area composed of multiple contiguous counties, municipalities, Indian tribes or pueblos;
(2) an executed agreement between all judicial districts within the area pledging the respective districts' intent to use the proposed multipurpose regional facility for the detention of juveniles; and
(3) joint powers agreements between all units of local and tribal government within the [area] region."
Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.
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