0001|                               AN ACT
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0002| RELATING TO CRIMINAL AND JUVENILE JUSTICE; MANDATING A REVIEW OF
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0003| ISSUES ATTENDANT TO A PROPOSED SECURE JUVENILE FACILITY; REPEALING
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0004| AND ENACTING A NEW SECTION OF THE NMSA 1978.
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0005| 
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0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0007|      Section 1.  A new Section 9-3-10.3 NMSA 1978 is enacted to read:
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0008|      "9-3-10.3.  REVIEW OF ISSUES ATTENDANT TO A PROPOSED SECURE
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0009| JUVENILE FACILITY--DUTIES.--
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0010|           A.  In addition to its other duties set forth in Section 9-3-10 NMSA 1978, the
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0011| criminal and juvenile justice coordinating council shall advise the children, youth and families
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0012| department on the design, location and use of a proposed secure juvenile facility.  The council
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0013| shall consider:
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0014|                (1)  the design of a secure juvenile facility needed for adequate protection
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0015| of the public;
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0016|                (2)  criteria for determining which children, up to twenty-one years of age,
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0017| require a secure juvenile facility;
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0018|                (3)  criteria for determining which children can achieve reasonable
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0019| rehabilitation by the use of procedures, services and facilities currently available;
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0020|                (4)  whether the seriousness of a criminal offense alone requires secure
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0021| confinement, including the need for a secure juvenile facility if the criminal offense was
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0022| committed in an aggressive, violent, premeditated or willful manner;
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0023|                (5)  the need for secure confinement if the criminal offense was
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0024| committed during a transaction or occurrence that involved criminal gang activity or the use of a
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0025| firearm; and
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0001|                (6)  the need for secure confinement if the criminal offense was
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0002| committed against a person or property, and if against a person, whether personal injury resulted.
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0003|           B.  The council shall advise the children, youth and families department on the
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0004| development of a classification system to indicate when children require secure confinement,
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0005| taking into account the child's home, environmental situation, emotional attitude and pattern of
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0006| living and the record and previous history of the child.
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0007|           C.  The council shall advise the children, youth and families department and the
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0008| corrections department on the development of criteria regarding:
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0009|                (1)  whether children who receive adult sentences should be committed to
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0010| the jurisdiction of the children, youth and families department for placement in a secure juvenile
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0011| facility until twenty-one years of age or committed to the jurisdiction of the corrections
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0012| department;
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0013|                (2)  whether children thirteen and fourteen years of age who are subject to
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0014| adult sentencing should be placed in a secure juvenile facility; and
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0015|                (3)  statutory changes needed, if any, to provide the children, youth and
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0016| families department and the courts with express authority to place children in a secure juvenile
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0017| facility.
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0018|           D.  The council shall conclude its review of issues attendant to a proposed secure
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0019| juvenile facility and provide a written report of its findings and recommendations to the
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0020| children, youth and families department, the corrections department and an interim legislative
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0021| committee with jurisdiction over juvenile justice issues no later than October 1, 1996."
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0022|      Section 2.  DELAYED REPEAL.--Section 9-3-10.3 NMSA 1978 (being Section 1
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0023|                                                               of this act) is repealed effective January 1, 1997.                                                           
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0024|                                                               
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