HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

HOUSE JOINT MEMORIAL 44

51st legislature - STATE OF NEW MEXICO - first session, 2013

A JOINT MEMORIAL

REQUESTING THE SECRETARY OF CHILDREN, YOUTH AND FAMILIES TO FORM A TASK FORCE TO STUDY THE REHABILITATIVE NEEDS OF JUVENILES WHO COMMIT SERIOUS CRIMES AND TO PROPOSE ANY NECESSARY STATUTORY OR ADMINISTRATIVE CHANGES THAT WILL PROMOTE THE SUCCESSFUL REHABILITATION OF THESE YOUTHFUL OFFENDERS AND WILL PROTECT THE SAFETY OF NEW MEXICO COMMUNITIES.

     WHEREAS, serious criminal acts committed by youthful offenders threaten New Mexico communities and public safety, in general, both when the acts are committed and when the offenders are prematurely released from custody; and

     WHEREAS, it is in the best interests of youthful offenders and the public, and it is also consistent with fiscal responsibility, that youthful offenders be rehabilitated, if possible, in order to lower recidivism and to return them to their communities as peaceful and productive members; and

     WHEREAS, New Mexico should provide its judges with as many effective tools as possible to carry out the mandates of the Delinquency Act, consistent with the goals of promoting public safety and individual accountability and rehabilitation of youthful offenders; and

     WHEREAS, some youthful offenders in New Mexico commit criminal acts while in custody, against other juveniles and against the juvenile justice services staff of the children, youth and families department, and are resistant to their own rehabilitation, posing a significant risk of harm to themselves and to the community upon their required release at the age of twenty-one;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the secretary of children, youth and families be requested to convene a task force to study dual or blended sentencing and other changes that will promote the rehabilitation of adjudicated youthful offenders and the safety of persons housed with them, and of persons working with them, reduce recidivism, reduce disproportionate minority contact and enhance public safety; and

     BE IT FURTHER RESOLVED that the task force accomplish its purpose with the participation of stakeholders, who are to represent as many different perspectives as possible and who are to be brought together to share their expertise on these issues; and

     BE IT FURTHER RESOLVED that the task force include representatives from the children, youth and families department's juvenile justice division, including a children, youth and families department employee working on the floor of a juvenile justice facility, either a youth care specialist I or II, a supervisor or a manager; the administrative office of the courts; the New Mexico supreme court; the New Mexico district judges association; the department of public safety; the administrative office of the district attorneys; the public defender department; a local law enforcement agency; a county juvenile detention administrator; the corrections department; a county adult detention administrator; a nonprofit organization serving the legal needs of youth and their families; a nonprofit advocacy group serving the needs of youth and their families; a representative from the Corinne Wolfe children's law center; the New Mexico tribal-state judicial consortium; the New Mexico sentencing commission; the juvenile justice advisory committee; and the New Mexico council on crime and delinquency; state legislators from both parties; and other interested parties as appropriate; and

     BE IT FURTHER RESOLVED that the task force report its findings and recommendations to the appropriate interim legislative committee before October 2013; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the secretary of children, youth and families.

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