HB 105

                                1  HOUSE BILL 105
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Andrea Reeb
                                5
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO DELINQUENCY; ALLOWING A COURT DISCRETION TO EXTEND
                                12   A JUDGMENT; PROVIDING FOR PROBATION OR COMMITMENT OF A CHILD UP
                                13   TO THE DATE THE CHILD REACHES TWENTY-FIVE YEARS OF AGE.
                                14
                                15   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                16        SECTION 1.    Section 32A-2-19 NMSA 1978 (being Laws 1993,
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                                17   Chapter 77, Section 48, as amended) is amended to read:
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                                18        "32A-2-19.    DISPOSITION OF AN ADJUDICATED DELINQUENT
                                19   OFFENDER.--
                                20  A.   At the conclusion of the dispositional hearing,
                                21   the court may make and include in the dispositional judgment
                                22   its findings on the following:
                                23  (1)   the interaction and interrelationship of
                                24   the child with the child's parents and siblings and any other
                                25   person who may significantly affect the child's best interests;
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                                1  (2)   the child's adjustment to the child's
                                2    home, school and community;
                                3  (3)   the mental and physical health of all
                                4    individuals involved, including consideration of such factors
                                5    as the child's brain development, maturity, trauma history and
                                6    disability;
                                7  (4)   the wishes of the child as to the child's
                                8    custodian;
                                9  (5)   the wishes of the child's parents as to
                                10   the child's custody;
                                11  (6)   whether there exists a relative of the
                                12   child or other individual who, after study by the department,
                                13   is found to be qualified to receive and care for the child;
                                14  (7)   the availability of services recommended
                                15   in the predisposition report; and
                                16  (8)   the ability of the parents to care for the
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                                17   child in the home.
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                                18  B.   If a child is found to be delinquent, the court
                                19   may enter its judgment making any of the following dispositions
                                20   for the supervision, care and rehabilitation of the child:
                                21  (1)   transfer legal custody to the department
                                22   or an agency responsible for the care and rehabilitation of
                                23   delinquent children, which shall receive the child at a
                                24   facility designated by the secretary of the department as a
                                25   juvenile reception facility.     The department shall thereafter
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                                1    determine the appropriate placement, supervision and
                                2    rehabilitation program for the child.    The judge may include
                                3    recommendations for placement of the child.    The court has
                                4    discretion to consider the child's unique circumstances and
                                5    history when transferring custody of the child pursuant to this
                                6    paragraph, whether for commitment or a period of probation, and
                                7    may impose commitment or probation for any period up to the
                                8    date the child reaches twenty-five years of age.    Commitments
                                9    are subject to limitations and modifications set forth in
                                10   Section 32A-2-23 NMSA 1978; [The types of commitments include:
                                11  (a)   a short-term commitment of one year
                                12   in a facility for the care and rehabilitation of adjudicated
                                13   delinquent children.   No more than nine months shall be served
                                14   at the facility and no less than ninety days shall be served on
                                15   supervised release, unless:    1) a petition to extend the
                                16   commitment has been filed prior to the commencement of
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                                17   supervised release; 2) the commitment has been extended
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                                18   pursuant to Section 32A-2-23 NMSA 1978; or 3) supervised
                                19   release is revoked pursuant to Section 32A-2-25 NMSA 1978;
                                20  (b)   a long-term commitment for no more
                                21   than two years in a facility for the care and rehabilitation of
                                22   adjudicated delinquent children.    No more than twenty-one
                                23   months shall be served at the facility and no less than ninety
                                24   days shall be served on supervised release, unless:    1)
                                25   supervised release is revoked pursuant to Section 32A-2-25 NMSA
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                                1    1978; or 2) the commitment is extended pursuant to Section
                                2    32A-2-23 NMSA 1978;
                                3  (c)   if the child is a delinquent
                                4    offender who committed one of the criminal offenses set forth
                                5    in Subsection J of Section 32A-2-3 NMSA 1978, a commitment to
                                6    age twenty-one, unless sooner discharged; or
                                7  (d)   if the child is a youthful offender,
                                8    a commitment to age twenty-one, unless sooner discharged;
                                9  (2)   place the child on probation under those
                                10   conditions and limitations as the court may prescribe;
                                11  (3)] (2)    place the child in a local detention
                                12   facility that has been certified in accordance with the
                                13   provisions of Section 32A-2-4 NMSA 1978 for a period not to
                                14   exceed fifteen days within a three hundred sixty-five day time
                                15   period; or if a child is found to be delinquent solely on the
                                16   basis of Paragraph (3) of Subsection A of Section 32A-2-3 NMSA
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                                17   1978, the court shall only enter a judgment placing the child
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                                18   on probation or ordering restitution or both; or
                                19  [(4)] (3)    if a child is found to be delinquent
                                20   solely on the basis of Paragraph (2), (3) or (4) of Subsection
                                21   A of Section 32A-2-3 NMSA 1978, the court may make any
                                22   disposition provided by this section and may enter its judgment
                                23   placing the child on probation and, as a condition of
                                24   probation, transfer custody of the child to the department for
                                25   a period not to exceed six months without further order of the
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                                1    court; provided that this transfer shall not be made unless the
                                2    court first determines that the department is able to provide
                                3    or contract for adequate and appropriate treatment for the
                                4    child and that the treatment is likely to be beneficial.
                                5  C.   [When] If the child is an Indian child, the
                                6    Indian child's cultural needs shall be considered in the
                                7    dispositional judgment and reasonable access to cultural
                                8    practices and traditional treatment shall be provided.
                                9  D.   A child found to be delinquent shall not be
                                10   committed or transferred to a penal institution or other
                                11   facility used for the execution of sentences of persons
                                12   convicted of crimes.
                                13  E.   Whenever the court vests legal custody in an
                                14   agency, institution or department, it shall transmit with the
                                15   dispositional judgment copies of the clinical reports,
                                16   predisposition study and report and other information it has
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                                17   pertinent to the care and treatment of the child.
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                                18  F.   Prior to any child being placed in the custody
                                19   of the department, the department shall be provided with
                                20   reasonable oral or written notification and an opportunity to
                                21   be heard.
                                22  G.   In addition to any other disposition pursuant to
                                23   Subsection B of this section, the court may make an abuse or
                                24   neglect report for investigation and proceedings as provided
                                25   for in the Abuse and Neglect Act.      The report may be made to a
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                                1    local law enforcement agency, the department or a tribal law
                                2    enforcement or social service agency for an Indian child
                                3    residing in Indian country.
                                4  H.   In addition to any other disposition pursuant to
                                5    this section or any other penalty provided by law, if a child
                                6    who is fifteen years of age or older is adjudicated delinquent
                                7    on the basis of Paragraph (2), (3) or (4) of Subsection A of
                                8    Section 32A-2-3 NMSA 1978, the child's driving privileges may
                                9    be denied or the child's driver's license may be revoked for a
                                10   period of ninety days.    For a second or a subsequent
                                11   adjudication, the child's driving privileges may be denied or
                                12   the child's driver's license revoked for a period of one year.
                                13   Within twenty-four hours of the dispositional judgment, the
                                14   court may send to the motor vehicle division of the taxation
                                15   and revenue department the order adjudicating delinquency.
                                16   Upon receipt of an order from the court adjudicating
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                                17   delinquency, the director of the motor vehicle division of the
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                                18   taxation and revenue department may revoke or deny the
                                19   delinquent's driver's license or driving privileges.     Nothing
                                20   in this section may prohibit the delinquent from applying for a
                                21   limited driving privilege pursuant to Section 66-5-35 NMSA 1978
                                22   or an ignition interlock license pursuant to the Ignition
                                23   Interlock Licensing Act, and nothing in this section precludes
                                24   the delinquent's participation in an appropriate educational,
                                25   counseling or rehabilitation program.
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                                1  I.   In addition to any other disposition pursuant to
                                2    this section or any other penalty provided by law, when a child
                                3    is adjudicated delinquent on the basis of Paragraph (6) of
                                4    Subsection A of Section 32A-2-3 NMSA 1978, the child shall
                                5    perform the mandatory community service set forth in Section
                                6    30-15-1.1 NMSA 1978.    When a child fails to completely perform
                                7    the mandatory community service, the name and address of the
                                8    child's parent or legal guardian shall be published in a
                                9    newspaper of general circulation, accompanied by a notice that
                                10   the parent or legal guardian is the parent or legal guardian of
                                11   a child adjudicated delinquent for committing graffiti."
                                12        SECTION 2.    Section 32A-2-20 NMSA 1978 (being Laws 1993,
                                13   Chapter 77, Section 49, as amended) is amended to read:
                                14        "32A-2-20.    DISPOSITION OF A YOUTHFUL OFFENDER.--
                                15  A.   The court has the discretion to invoke either an
                                16   adult sentence or juvenile sanctions on a youthful offender.
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                                17   The children's court attorney shall file a notice of intent to
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                                18   invoke an adult sentence within ten working days of the filing
                                19   of the petition; provided that the court may extend the time
                                20   for filing of the notice of intent to invoke an adult sentence,
                                21   for good cause shown, prior to the adjudicatory hearing.     A
                                22   preliminary hearing by the court or a hearing before a grand
                                23   jury shall be held, within ten days after the filing of the
                                24   intent to invoke an adult sentence, to determine whether
                                25   probable cause exists to support the allegations contained in
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                                1    the petition.
                                2  B.   If the children's court attorney has filed a
                                3    notice of intent to invoke an adult sentence and the child is
                                4    adjudicated as a youthful offender, the court shall make the
                                5    following findings in order to invoke an adult sentence:
                                6  (1)   the child is not amenable to treatment or
                                7    rehabilitation as a child in available facilities; and
                                8  (2)   the child is not eligible for commitment
                                9    to an institution for children with developmental disabilities
                                10   or mental disorders.
                                11  C.   In making the findings set forth in Subsection B
                                12   of this section, the judge shall consider the following
                                13   factors:
                                14  (1)   the seriousness of the alleged offense;
                                15  (2)   whether the alleged offense was committed
                                16   in an aggressive, violent, premeditated or willful manner;
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                                17  (3)   whether a firearm was used to commit the
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                                18   alleged offense;
                                19  (4)   whether the alleged offense was against
                                20   persons or against property, greater weight being given to
                                21   offenses against persons, especially if personal injury
                                22   resulted;
                                23  (5)   the maturity of the child as determined by
                                24   consideration of the child's home, environmental situation,
                                25   social and emotional health, pattern of living, brain
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                                1    development, trauma history and disability;
                                2  (6)   the record and previous history of the
                                3    child;
                                4  (7)   the prospects for adequate protection of
                                5    the public and the likelihood of reasonable rehabilitation of
                                6    the child by the use of procedures, services and facilities
                                7    currently available; and
                                8  (8)   any other relevant factor; provided that
                                9    factor is stated on the record.
                                10  D.   If a child has previously been sentenced as an
                                11   adult pursuant to the provisions of this section, there shall
                                12   be a rebuttable presumption that the child is not amenable to
                                13   treatment or rehabilitation as a child in available facilities.
                                14  E.   If the court invokes an adult sentence, the
                                15   court may sentence the child to less than, but shall not
                                16   exceed, the mandatory adult sentence.     A youthful offender
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                                17   given an adult sentence shall be treated as an adult offender
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                                18   and shall be transferred to the legal custody of an agency
                                19   responsible for incarceration of persons sentenced to adult
                                20   sentences.    This transfer terminates the jurisdiction of the
                                21   court over the child with respect to the delinquent acts
                                22   alleged in the petition.     A child given an adult sentence shall
                                23   not be sentenced to life imprisonment without the possibility
                                24   of release or parole.
                                25  F.   If a juvenile disposition is appropriate, the
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                                1    court shall follow the provisions set forth in Section 32A-2-19
                                2    NMSA 1978.    A youthful offender may be subject to extended
                                3    commitment in the care of the department until the age of
                                4    [twenty-one] twenty-five, pursuant to the provisions of Section
                                5    32A-2-23 NMSA 1978.
                                6  G.   A child fourteen years of age or older charged
                                7    with first degree murder but not convicted of first degree
                                8    murder and found to have committed a youthful offender offense
                                9    as set forth in Subsection J of Section 32A-2-3 NMSA 1978 is
                                10   subject to the dispositions set forth in this section.
                                11  H.   A child fourteen years of age or older charged
                                12   with first degree murder but found to have committed a
                                13   delinquent act that is neither first degree murder nor a
                                14   youthful offender offense as set forth in Subsection J of
                                15   Section 32A-2-3 NMSA 1978 shall be adjudicated as a delinquent
                                16   subject to the dispositions set forth in Section 32A-2-19 NMSA
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                                17   1978."
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                                18        SECTION 3.     Section 32A-2-23 NMSA 1978 (being Laws 1993,
                                19   Chapter 77, Section 52, as amended) is amended to read:
                                20        "32A-2-23.     LIMITATIONS ON DISPOSITIONAL JUDGMENTS--
                                21   MODIFICATION--TERMINATION OR EXTENSION OF COURT ORDERS.--
                                22  A.   A judgment transferring legal custody of an
                                23   adjudicated delinquent child to an agency responsible for the
                                24   care and rehabilitation of delinquent children divests the
                                25   court of jurisdiction at the time of transfer of custody,
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                                1    unless the transfer of legal custody is for a commitment not
                                2    exceeding fifteen days pursuant to the provisions of Section
                                3    32A-2-19 NMSA 1978, in which case the court retains
                                4    jurisdiction.
                                5  B.    A judgment of probation or protective
                                6    supervision shall remain in force for an indeterminate period
                                7    not to exceed the term of commitment from the date entered.
                                8  C.    A child shall be released by an agency and
                                9    probation or supervision shall be terminated by juvenile
                                10   probation and parole services or the agency providing
                                11   supervision when it appears that the purpose of the order has
                                12   been achieved before the expiration of the period of the
                                13   judgment.   A release or termination and the reasons therefor
                                14   shall be reported promptly to the court in writing by the
                                15   releasing authority.
                                16  [D.    Prior to the expiration of a short-term
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                                17   commitment of one year, as provided for in Section 32A-2-19
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                                18   NMSA 1978, the court may extend the judgment for up to one six-
                                19   month period if the court finds that the extension is necessary
                                20   to safeguard the welfare of the child or the public safety.      If
                                21   a short-term commitment is extended, the mandatory ninety-day
                                22   supervised release, as required by Section 32A-2-19 NMSA 1978,
                                23   shall be included in the extension.     Notice and hearing are
                                24   required for any extension of a juvenile's commitment.
                                25  E.    Prior to the expiration of a long-term
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                                1    commitment, as provided for in Section 32A-2-19 NMSA 1978, the
                                2    court may extend the judgment for additional periods of one
                                3    year until the child reaches the age of twenty-one if the court
                                4    finds that the extension is necessary to safeguard the welfare
                                5    of the child or the public safety.       If a long-term commitment
                                6    is extended, the mandatory ninety-day supervised release, as
                                7    required by Section 32A-2-19 NMSA 1978, shall be included in
                                8    the extension.    Notice and hearing are required for any
                                9    extension of a juvenile's commitment.
                                10  F.] D.    Prior to the expiration of a judgment of
                                11   probation or commitment, the court may exercise discretion and
                                12   extend the judgment, based on the child's unique circumstances
                                13   and history, for an additional period [of one year until] up to
                                14   the date the child reaches [the age of twenty-one] twenty-five
                                15   years of age if the court finds that the extension is necessary
                                16   to protect the community or to safeguard the welfare of the
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                                17   child.
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                                18  [G.] E.    The court may dismiss a motion if it finds
                                19   after preliminary investigation that the motion is without
                                20   substance.    If the court is of the opinion that the matter
                                21   should be reviewed, it may, upon notice to all necessary
                                22   parties, proceed to a hearing in the manner provided for
                                23   hearings on petitions alleging delinquency.      The court may
                                24   terminate a judgment if it finds that the child is no longer in
                                25   need of care, supervision or rehabilitation or it may enter a
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                                1    judgment extending or modifying the original judgment if it
                                2    finds that action necessary to safeguard the child or the
                                3    public interest.
                                4  [H.] F.   A child may make a motion to modify a
                                5    children's court or adult disposition within thirty days of the
                                6    judge's decision.     If the court is of the opinion that the
                                7    matter should be reviewed, it may, upon notice to all necessary
                                8    parties, proceed to a hearing in the manner provided for
                                9    hearings on petitions alleging delinquency.
                                10  [I.] G.   The department may seek a bench warrant
                                11   from the court when the child absconds from supervised
                                12   release."
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