NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.
The LFC is only preparing FIRs on bills referred to the Senate Finance Committee, the Senate Ways and Means Committee, the House Appropriations and Finance Committee and the House Taxation and Revenue Committee. The chief clerks are responsible for preparing and issuing all other bill analyses.
Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Room 416 of the State Capitol Building.
SPONSOR: | Burpo | DATE TYPED: | 02/26/99 | HB | 439 | ||
SHORT TITLE: | Adjudicated Delinquent Offender Disposition | SB | |||||
ANALYST: | Trujillo |
Recurring
or Non-Rec |
Fund
Affected | ||||
FY99 | FY2000 | FY99 | FY2000 | ||
Indeterminate | Recurring | GF |
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates/Conflicts with/Companion to/Relates to
SOURCES OF INFORMATION
LFC files
SUMMARY
Synopsis of Bill
HB 439 provides for a disposition al hearing at least once every six months for a delinquent child that has received a disposition of an abused and neglected child and is still under the jurisdiction of the court.
Significant Issues
The Criminal Juvenile Justice Coordinating Council (CJJCC) reports it is concerned that there may be little need for periodic dispositional hearings, that the predisposition reports may not be entirely suited to the diagnosis of delinquent children, and that a new subsection may be required in 32A-2-23 providing for the periodic review of dispositional judgements for delinquent children receiving the disposition of a neglected or abused child.
The Public Defender Department reports the first problem with this rolling and repeating sentencing statute is that it may violate the constitutional protection against double jeopardy. While some post dispositional proceeding may be in the child's best interest, this change in statute requires a full blown dispositional (i.e., sentencing hearing) once every six months, complete with a sentencing report.
The second problem with this change is that even were it a good idea in certain cases to sentence a child, making a second sentencing mandatory based on time alone will lead to a waste of resources as the children's courts become clogged with unnecessary but required dispositional hearings.
FISCAL IMPLICATIONS
PDD reports HB 439 would expose extended court hearings and monitoring. It requires additional staffing and contract counsel funding needs. The impact would be most significant for the juvenile division in Albuquerque which handles PPD's heaviest caseload. Also, impact would also be felt in every other office across the state and in PPD contract costs.
OTHER SUBSTANTIVE ISSUES
HB 439 is supported by the Children Youth and Families Department (CYFD). According to CYFD, the bill would requires Juvenile Probation Parole Officers to follow existing requirements for department social workers, to initiate a review hearing for children who receive a disposition under the Abuse and Neglect Article. Also, the bill allows for foster care placement for certain juvenile offenders without triggering the procedural requirements of the Abuse and Neglect Article. HB 439 allows judges an array of dispositional alternatives so long as public safety is maintained through juvenile probation monitoring.
CJJCC is concerned that there may be little need for periodic dispositional hearings, that the predisposition reports may not be entirely suited to the diagnosis of delinquent children, and that a new subsection may be required in 32A-2-23 providing for the periodic review of dispositional judgements for delinquent children receiving disposition of a neglected or abused child.
LAT/gm