SB 180

                                1  SENATE BILL 180
                                2      57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Linda M. López and Shannon D. Pinto
                                5  and Antoinette Sedillo Lopez and Angel M. Charley
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO CHILDREN; LIMITING WHEN A STRIP OR CAVITY SEARCH
                                12   MAY BE PERFORMED IN A DETENTION FACILITY; PROHIBITING CAMERAS
                                13   AND FILMING OR RECORDING IN CERTAIN AREAS OF A DETENTION
                                14   FACILITY.
                                15
                                16   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
[bracketed material] = delete
                                17        SECTION 1.     Section 32A-2-4 NMSA 1978 (being Laws 1993,
underscored material = new
                                18   Chapter 77, Section 33, as amended) is amended to read:
                                19        "32A-2-4.     DETENTION FACILITIES--STANDARDS--REPORTS--
                                20   APPEALS--LIMIT OF A STRIP OR CAVITY SEARCH--PROHIBITING CAMERAS
                                21   OR FILMING IN CERTAIN AREAS.--
                                22  A.    The department shall promulgate updated
                                23   standards for all detention facilities, including standards for
                                24   site, design, construction, equipment, care, program, personnel
                                25   and clinical services.     The department shall certify as
                                     .233169.2
                                1    approved all detention facilities in the state meeting the
                                2    standards promulgated.    The department may establish by rule
                                3    appropriate procedures for provisional certification and the
                                4    waiving of any of its standards for facilities in existence at
                                5    the time of the adoption of the standards, except that it shall
                                6    not allow waiver of any standard pertaining to adequate health
                                7    and safety protection of the residents and staff of the
                                8    facility.    No child shall be detained in a detention facility
                                9    unless it is certified as approved by the department, except as
                                10   otherwise provided in Chapter 32A, Article 2 NMSA 1978.
                                11  B.   The department shall inspect all detention
                                12   facilities in the state at least once each twelve months and
                                13   shall require those reports it deems necessary from detention
                                14   facilities in a form and containing the information determined
                                15   by the department.    If as the result of an inspection a
                                16   certified detention facility is determined as failing to meet
[bracketed material] = delete
                                17   the required standards, its certification is subject to
underscored material = new
                                18   revocation or refusal for renewal by the department.
                                19  C.   The department shall promulgate rules
                                20   establishing procedures that provide for prior notice and
                                21   public hearings on detention facilities' standards adoption and
                                22   changes.    The department shall also promulgate rules
                                23   establishing procedures for facility certification, renewal of
                                24   certification, refusal to renew certification and revocation of
                                25   certification.    The procedures adopted on these matters shall
                                     .233169.2
                                                                    - 2 -
                                1    provide for adequate prior notice of intended action by the
                                2    department, opportunity for the aggrieved person to have an
                                3    administrative hearing and written notification of the
                                4    administrative decision.    Rules promulgated under this
                                5    subsection shall not be effective unless filed in accordance
                                6    with the State Rules Act.
                                7  D.   Any person aggrieved by an administrative
                                8    decision of the department rendered under the provisions of
                                9    this section may petition for the review of the administrative
                                10   decision by appealing to the district court pursuant to the
                                11   provisions of Section 39-3-1.1 NMSA 1978.
                                12  E.   After January 1, 1994, no state or county
                                13   detention facility shall hold juveniles sentenced by a federal
                                14   court, unless the facility meets state standards promulgated by
                                15   the department.
                                16  F.   A juvenile detention facility certified by the
[bracketed material] = delete
                                17   department shall comply with the daily reporting requirement
underscored material = new
                                18   for children in detention, including reports on the length of
                                19   stay for each child.    This information shall be reported as
                                20   required by the department.
                                21  G.   A strip or body cavity search may only be
                                22   performed if:
                                23  (1)   probable cause exists that there is
                                24   dangerous contraband that could not otherwise be discovered;
                                25   and
                                     .233169.2
                                                                    - 3 -
                                1  (2)   the detention facility superintendent or
                                2    the superintendent's designee authorizes the search.
                                3  H.   A strip or body cavity search related to an
                                4    articulated and documented safety issue or concern involving a
                                5    child shall be conducted in the least intrusive manner
                                6    feasible.   An incident report shall be completed following the
                                7    strip or body cavity search and shall include:
                                8  (1)   the full name of the child;
                                9  (2)   documentation of the probable cause;
                                10  (3)   the steps taken to retrieve the suspected
                                11   contraband in a noninvasive manner and all other methods used
                                12   to conduct the strip or body cavity search;
                                13  (4)   the date, time and location of the search;
                                14  (5)   the names, current position, gender and
                                15   signatures of the personnel who conducted the search; and
                                16  (6)   the results of the search, including
[bracketed material] = delete
                                17   disposition of any contraband if recovered.
underscored material = new
                                18  I.   Copies of an incident report documenting the
                                19   strip or body cavity search shall be submitted to the detention
                                20   facility superintendent or the superintendent's designee by the
                                21   next business day following the search.
                                22  J.   Cameras or visual filming or recording devices
                                23   shall not be placed in the shower or toilet areas of a
                                24   detention facility."
                                25  - 4 -
                                     .233169.2