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| SPONSOR: | Stockard | DATE TYPED: | 01/28/99 | HB | |||
| SHORT TITLE: | Expand Juvenile Justice Jurisdiction | SB | 75 | ||||
| ANALYST: | O'Connell | ||||||
| Recurring
or Non-Rec |
Fund
Affected | ||||
| FY99 | FY2000 | FY99 | FY2000 | ||
| NFI | NFI | ||||
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC files
Administrative Office of the Courts (AOC) analysis
Administrative Office of the District Attorneys (AOC) analysis
Public Defender Department (PDD) analysis
SUMMARY
Synopsis of Bill
Senate Bill 75 seeks to create a new section to the Delinquency Act (Section 32A-2-2 NMSA 1978) to give concurrent jurisdiction over certain misdemeanor offenses committed by a child who has no more than one prior adjudication for assault, battery, criminal trespass, graffiti, shoplifting, possession of one ounce or less of marijuana, or possession of alcohol to municipal, magistrate and metropolitan courts. The bill ensures that these courts would not incarcerate a child without securing the approval of a children's court. Also, the municipal, magistrate and metropolitan courts will provide to the district court with disposition reports of any adjudications. The district courts will maintain a registry of these disposition reports.
Significant Issues
The shift in jurisdiction could potentially increase the workloads of the magistrate, municipal and metropolitan courts. Also, according to the Public Defender Department, the proposed system would require magistrate judges to contact children's court justices during their dockets in order to gain permission to jail a juvenile.
ADMINISTRATIVE IMPLICATIONS
Senate Bill 75 will require the district courts to maintain a registry of disposition reports handled by magistrate, municipal and metropolitan courts.
BOC/prr