SENATE JOINT MEMORIAL 31

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Mary Jane M. Garcia

A JOINT MEMORIAL

REQUESTING THE INTERIM COURTS, CORRECTIONS AND JUSTICE COMMITTEE, OR ITS SUCCESSOR, TO EXAMINE THE FEASIBILITY OF ENACTING LOCAL JUVENILE CURFEWS TO COMBAT SCHOOL TRUANCY IN NEW MEXICO.

     WHEREAS, truancy has been clearly identified as one of the early warning signs of students headed for potential delinquent activity, social isolation or educational failure; and

     WHEREAS, students who are truants have been shown to be at higher risk for substance abuse, teen pregnancy, delinquency, serious criminal behavior, gang activity and dropping out of school; and

     WHEREAS, adults who were chronically truant from school when young are at elevated risk for poor physical and mental health, poverty, incarceration and raising children who exhibit behavioral problems; and

     WHEREAS, a national study found that at least eleven percent of eighth grade students and sixteen percent of tenth grade students reported having been truant at least once in the previous four weeks; and

     WHEREAS, a national survey of school principals found that principals consider truancy to be one of the top three most serious discipline issues in their schools; and

     WHEREAS, several states have enacted laws to allow local governments to establish juvenile curfews to combat truancy and in 1996, the city of Albuquerque passed an ordinance establishing such a curfew; and

     WHEREAS, the juvenile curfew laws of several states and Albuquerque's juvenile curfew ordinance have been struck down as unconstitutional; and

     WHEREAS, because of the constitutional issues involved, enacting a law to allow local governments to enact daytime juvenile curfews is a complex issue that requires careful examination and study;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the interim courts, corrections and justice committee, or its successor, be requested to work with representatives from the public education department, department of public safety, children, youth and families department, administrative office of the courts and New Mexico municipal league to study the feasibility of and procedure for allowing local governments to enact juvenile curfew laws; and

     BE IT FURTHER RESOLVED that the task force also study the law enforcement entities that are best equipped to enforce juvenile curfew laws, including local law enforcement officers and local truancy officers; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the co-chairs of the interim courts, corrections and justice committee, or its successor, the public education department, the department of public safety, the children, youth and families department, the administrative office of the courts and the New Mexico municipal league.

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