SENATE MEMORIAL 35

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Gerald P. Ortiz y Pino

A MEMORIAL

REQUESTING THE CORRINE WOLFE CHILDREN'S LAW CENTER AT THE INSTITUTE OF PUBLIC LAW AT THE UNIVERSITY OF NEW MEXICO SCHOOL OF LAW TO CONVENE A WORKING GROUP OF PERSONS INVOLVED WITH YOUTHS IN THE JUVENILE JUSTICE SYSTEM TO CREATE POLICY FOR THE USE OF PHYSICAL RESTRAINTS ON YOUTHS IN NEW MEXICO'S COURTS.

     WHEREAS, persons working with youths in the juvenile justice system are fully aware and supportive of the need to protect the dignity and rights of youths during court proceedings; and

     WHEREAS, persons from many points of view are mindful of their concomitant responsibility to ensure public safety; and

     WHEREAS, persons are well aware of the right of judges to determine the way in which hearings will be conducted in their own courtrooms; and

     WHEREAS, the problem of using physical restraints on youths who enter a courtroom is one to be solved with respect for the rights of youths and the safety of persons in the courtroom and, at the same time, is one directly related to the court administrative costs available to a judge for additional security; and

     WHEREAS, the courts seem amenable to allowing youths to appear in court without physical restraints if the security of the courtroom can be assured; however, some courts lack the resources needed to provide the security necessary to accommodate the goal of removing physical restraints used on youths; and

     WHEREAS, people from many perspectives are willing and able to work together to resolve the issue in a way that addresses all of the varying points of view;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the Corrine Wolfe children's law center at the institute of public law at the university of New Mexico law school be requested to convene a group that includes representatives from the children, youth and families department, the administrative office of the courts, the children's court rules committee of the supreme court, the public defender department, the district attorneys' association, the sheriffs' association and youth advocates selected by the Corrine Wolfe children's law center; and

     BE IT FURTHER RESOLVED that the working group make recommendations on the implementation of a policy on the use of physical restraints on youths during court proceedings, including whether the policy should be established by court rule or statute; and

     BE IT FURTHER RESOLVED that the working group report its recommendations to the appropriate interim legislative committees by November 1, 2009; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the director of the Corrine Wolfe children's law center, the secretary of children, youth and families, the administrative office of the courts, the chair of the children's court rules committee of the supreme court, the public defender department, the president of the district attorneys' association and the president of the sheriffs' association as well as the executive director of the institute of public law.

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