Section 32A-2-29 – Motor Vehicle Code violations.
A. The municipal, magistrate or metropolitan court shall have original exclusive jurisdiction over all Motor Vehicle Code [Chapter 66, Articles 1 through 8 NMSA 1978] or municipal traffic code violations when the person alleged to have committed the violation is a child, with the exception of those violations contained in Paragraph (1) of Subsection A […]
Section 32A-2-30 – Indigency standard; fee schedule; reimbursement.
A. The court shall use a standard adopted and information provided by the public defender department to determine indigency of children in proceedings on petitions alleging delinquency. B. The court shall use a fee schedule adopted by the public defender department when appointing attorneys to represent children in proceedings on petitions alleging delinquency. C. The […]
Section 32A-2-31 – Child adjudicated delinquent; victim restitution; compensation; deductions.
A. A delinquent child may be ordered by the court to pay restitution to the victim of the child’s delinquent act. B. The department may provide compensation to a delinquent child engaged in a rehabilitative work program and shall promulgate necessary rules and regulations to provide deductions from that compensation for: (1) victim restitution ordered […]
Section 32A-2-23 – Limitations on dispositional judgments; modification; termination or extension of court orders.
A. A judgment transferring legal custody of an adjudicated delinquent child to an agency responsible for the care and rehabilitation of delinquent children divests the court of jurisdiction at the time of transfer of custody, unless the transfer of legal custody is for a commitment not exceeding fifteen days pursuant to the provisions of Section […]
Section 32A-2-14 – Basic rights.
A. A child subject to the provisions of the Delinquency Act is entitled to the same basic rights as an adult, except as otherwise provided in the Children’s Code, including rights provided by the Delinquency Act, except as otherwise provided in the Children’s Code [32A-1-1 NMSA 1978]. B. If after due notice to the parent, […]
Section 32A-2-15 – Time limitations on delinquency adjudicatory hearing.
The adjudicatory hearing in a delinquency proceeding shall be held in accordance with the time limits set forth in the Children’s Court Rules and Forms [10-101 NMRA]. History: 1978 Comp., § 32A-2-15, enacted by Laws 1993, ch. 77, § 44. ANNOTATIONS Cross references. — For adjudicatory time limits in delinquency proceedings, see Rule 10-243 NMRA. […]
Section 32A-2-16 – Conduct of hearings; findings; dismissal; dispositional matters; penalty.
A. Hearings on petitions shall be conducted by the court separate from other proceedings. A jury trial on the issues of alleged delinquent acts may be demanded by the child, parent, guardian, custodian or counsel in proceedings on petitions alleging delinquency when the offense alleged would be triable by jury if committed by an adult. […]
Section 32A-2-17 – Predisposition studies; reports and examinations.
A. After a petition has been filed and either a finding with respect to the allegations of the petition has been made or a notice of intent to admit the allegations of the petition has been filed, the court may direct that a predisposition study and report to the court be made in writing by […]
Section 32A-2-18 – Judgment; noncriminal nature; nonadmissibility.
A. The court shall enter a judgment setting forth the court’s findings and disposition in the proceeding. A judgment in proceedings on a petition under the Delinquency Act resulting in a juvenile disposition shall not be deemed a conviction of crime nor shall it impose any civil disabilities ordinarily resulting from conviction of a crime […]
Section 32A-2-19 – Disposition of an adjudicated delinquent offender.
A. At the conclusion of the dispositional hearing, the court may make and include in the dispositional judgment its findings on the following: (1) the interaction and interrelationship of the child with the child’s parents and siblings and any other person who may significantly affect the child’s best interests; (2) the child’s adjustment to the […]