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(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HB317

SOURCES OF INFORMATION

LFC files

SUMMARY

Synopsis of Bill

HB 357 expands the membership of the Juvenile Parole Board (JPB) from three to five and amends Sections of 32A-7-1 NMSA 1978.

Also, HB 357 amends existing law to provide that rather than a child simply being eligible to appear before the JPB 40 days after entry of a judgement transferring legal custody to a state agency, it provides that a child appear before the juvenile parole board no later than 40 days after entry of such a judgement. Similarly, it provides that in the event parole is denied, the child shall appear before the Juvenile Parole Board for review within 60 days thereafter if the child received a short term commitment of one year.

HB 357 provides that in the event parole is denied, the child shall appear before the juvenile parole board for review within 90 days thereafter, if the child received a long term commitment of no more than two years or if the child is a youthful offender.

Finally, HB 357 provides that if a child is a youthful offender, he shall serve his period of parole before his 21^st birthday or he shall participate in an early release program approved by the Children Youth and Families Department (CYFD).

Significant Issues

According to the Attorney General, the most striking change proposed in the bill is that the requirement that most juvenile offenders be considered for parole on an established schedule and that, in every case, they must fill their parole by age 21 or participate in an early release program. These proposed changes in existing law would increase the JPB review of parole eligibility for juveniles who have been adjudicated for violent crimes against persons.

32A-7-6. Powers and duties of the board.

Statute text

A. The juvenile parole board shall have the powers and duties to:

(1) grant, deny or revoke parole for children;

(2) conduct or cause to be conducted investigations, examinations, interviews, hearings and other proceedings as may be necessary for the effectual discharge of the duties of the board;

(3) summon witnesses, books, papers, reports, documents or tangible things and administer oaths as may be necessary for the effectual discharge of the duties of the board;

(4) maintain records of its acts, decisions and orders and notify each agency affected by its decisions;

(5) adopt an official seal of which the courts shall take judicial notice;

(6) adopt a written policy specifying the criteria to be considered by the board in determining whether to grant, deny or revoke parole or to discharge a child from parole;

(7) adopt rules and regulations as may be necessary for the effectual discharge of the duties of the board; and

(8) contract or otherwise provide for services, supplies, equipment, office space and other provisions as are necessary to effectively discharge the duties of the board.

B. At least thirty days before ordering any parole, the juvenile parole board shall notify the children's court judge of the judicial district from which legal custody of the child was transferred. The judge may express his views on the child's prospective parole, either in writing or personally, to the board, but the final parole decision shall be that of the board. A copy of the final parole decision shall be filed with the court of original jurisdiction. In the event venue has been transferred pursuant to Section 32-1-8 [32A-1-9] NMSA 1978, a copy of the board's decision shall also be filed with the children's court to which venue has been transferred.

C. Before ordering the parole of any child, the juvenile parole board shall personally interview the child. The board shall furnish to each child paroled a written statement of the conditions of parole, which conditions shall be acknowledged by the child and his parent, custodian or guardian.

D. The juvenile parole board shall provide the child and his parent, custodian or guardian with a written statement of the reason for denying parole within forty-eight hours after the hearing.

According to the Correction Department, HB 357 mandates that delinquent children committed to the custody of a state agency must appear before the JPB at certain intervals. Under current law, such appearances appear to have been discretionary with the JPB. It appears that in order to meet the demand of an increases number of hearings, the number of board members on the JPB is increased from 3 to 5. Rather than increasing the number of members of the JPB perhaps an idea that should be considered is consolidating the JPB with the Adult Parole Board so that duties could be handled more efficiently.

Also, juvenile authorities are currently utilizing a classification system that requires an assessment of the child at a centralized facility. The child is subsequently transferred to a facility that is compatible with that classification. The assessment process occurs in the initial 40 days of the child's detention, resulting in very little time within the first 40 days to assess the child while in an environment other than the transitional assessment facility.

FISCAL IMPLICATIONS

HB 357 would affect CYFD in transportation costs, mandatory time frames, and staff costs related to mandatory parole hearing preparation and multiple parole hearings.

The JPB reports there would be a fiscal impact to the agency under the first issue, which relates to increasing the board membership from three to five. This would be a recurring increase to the state general fund. The increase would be in providing per diem, car rental and mileage for the additional board members. Additional members would also allow for an unanticipated increase of hearing days at foreseen new facilities. The agency reports the department would not be able to absorb the increase.

ADMINISTRATIVE IMPLICATIONS

CYFD reports this bill would require all committed youth be brought before the JPB for review at a specified time. This will impact CYFD in terms of staff required to prepare parole information for multiple hearings.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

HB 357 has a slight relationship to HB 315, 32A-7-1 et seq., budget and amends 32-7-2 NMSA.

TECHNICAL ISSUES

There seems to be a conflict with 32A-7-6. Powers and duties of the board.

Statute text

A. The juvenile parole board shall have the powers and duties to:

(1) grant, deny or revoke parole for children;

OTHER SUBSTANTIVE ISSUES

CYFD reports the bill would require a minimum of two reviews of all committed youth by the JPB. The bill would also require youthful offenders to be either paroled or on an early release program before their 21^st birthday.

According to CYFD, HB315 eliminates the salaries for the Adult Parole Board. If this bill passes, the adult and juvenile parole boards will be completely voluntary. To increase efficiencies in the parole process, the duties of both boards can be combined.

The JPB reports, in the past, there has been occasion for a board member to resign, leaving only two members available for hearings. This has put a strain on the remaining members, especially if the two members disagree. Allowing for five members on a rotation basis would always allow for three members to be present for each hearing. A rotation of three members appointed geographically in the state would allow JPB's volunteer board not to feel over extended in their commitment to serving the youth of our state.

LAT/gm

Attachment