HOUSE BILL 21

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Jeannette O. Wallace

FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO JUVENILE SERVICES; CREATING THE JUVENILE CONTINUUM GRANT FUND; REPEALING THE REGIONAL JUVENILE SERVICES ACT; PROVIDING FOR TRANSFER OF FUNDS TO THE JUVENILE CONTINUUM GRANT FUND; MAKING AN APPROPRIATION.

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

     Section 1. JUVENILE CONTINUUM GRANT FUND--CREATED--PURPOSE--ADMINISTRATION--GRANT APPLICATIONS.--

          A. The "juvenile continuum grant fund" is created as a nonreverting fund in the state treasury. The fund shall be administered by the children, youth and families department and shall consist of appropriations, gifts, grants, donations and bequests made to the fund.

          B. Money in the juvenile continuum grant fund is appropriated to the children, youth and families department for awarding grants to juvenile justice continuums for the provision of cost-effective services and temporary, nonsecure alternatives to detention for juveniles arrested or referred to juvenile probation and parole or at a risk of such referral.

           C. A local or tribal government may apply for a grant from the juvenile continuum grant fund for a juvenile justice continuum within its jurisdiction. The amount of the grant application shall not exceed sixty percent of the annual cost of the continuum. A local match of forty percent may consist of money, land, equipment or in-kind services.

          D. The children, youth and families department shall adopt rules on qualifications for grants and specify the format, procedure and deadlines for grant applications. The juvenile justice advisory committee shall review all grant applications and submit those applications recommended for final approval to the secretary of children, youth and families.

          E. Disbursements from the juvenile continuum grant fund shall be made upon vouchers issued and signed by the secretary of children, youth and families or the secretary's designee upon warrants drawn by the secretary of finance and administration.

          F. As used in this section, a "juvenile justice continuum" is a system of services and sanctions for juveniles arrested or referred to juvenile probation and parole or at risk of such referral and consists of a formal partnership among one or more units of local or tribal governments, the children's court, the district attorney, the public defender, local law enforcement agencies, the public schools and other entities such as private nonprofit organizations, the business community and religious organizations. A juvenile justice continuum shall be established through a memorandum of understanding and a continuum board.

     Section 2. TEMPORARY PROVISION--TRANSFER OF FUNDS.--All money, appropriations, gifts, grants and donations in the regional juvenile services grant fund are transferred to the juvenile continuum grant fund.

     Section 3. APPROPRIATION.--Two million dollars ($2,000,000) is appropriated from the general fund to the juvenile continuum grant fund for expenditure in fiscal year 2008 and subsequent fiscal years to expand grant assistance to juvenile justice continuums throughout the state. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

     Section 4. REPEAL.--Sections 33-12-1 through 33-12-7 NMSA 1978 (being Laws 1994, Chapter 16, Sections 1 through 7) are repealed.

     Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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