Chapter 32A, Article 2 NMSA 1978 may be cited as the “Delinquency Act”. History: 1978 Comp., § 32A-2-1, enacted by Laws 1993, ch. 77, § 30; 2007, ch. 19, § 1. ANNOTATIONS The 2007 amendment, effective June 15, 2007, changed Chapter “32” to Chapter “32A”. Law reviews. — For note, “State v. Muniz: Authorizing Adult […]
A. A person taking a child into custody shall, with all reasonable speed: (1) release the child to the child’s parent, guardian or custodian or an adult authorized by the child’s parent, guardian or custodian and issue verbal counsel or warning as may be appropriate; (2) release the child to the child’s parent, guardian or […]
A. Unless ordered by the court pursuant to the provisions of the Delinquency Act, a child taken into custody for an alleged delinquent act shall not be placed in detention unless a detention risk assessment instrument is completed and a determination is made that the child: (1) poses a substantial risk of harm to himself; […]
A. A child alleged to be a delinquent child may be placed or detained, pending a court hearing, in any of the following places: (1) a licensed foster home or a home otherwise authorized under the law to provide foster or group care; (2) a facility operated by a licensed child welfare services agency; (3) […]
A. When a child who has been taken into custody is not released but is detained: (1) a judicial determination of probable cause shall be made by a judge or special master or magistrate within forty-eight hours, including Saturdays, Sundays and legal holidays, except for children taken into custody under an arrest warrant pursuant to […]
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, […]
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. […]
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. […]
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 […]
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 […]
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 […]
The purpose of the Delinquency Act is: A. consistent with the protection of the public interest, to remove from children committing delinquent acts the adult consequences of criminal behavior, but to still hold children committing delinquent acts accountable for their actions to the extent of the child’s age, education, mental and physical condition, background and […]
A. The court has the discretion to invoke either an adult sentence or juvenile sanctions on a youthful offender. The children’s court attorney shall file a notice of intent to invoke an adult sentence within ten working days of the filing of the petition, provided that the court may extend the time for filing of […]
A. If in a hearing at any stage of a proceeding on a delinquency petition the evidence indicates that the child has or may have a mental disorder or developmental disability, the court may: (1) order the child detained if appropriate under the criteria established pursuant to the provisions of the Delinquency Act; and (2) […]
A. At any time after the filing of a delinquency petition and before the entry of a judgment, the court may, on motion of the children’s court attorney or that of counsel for the child, suspend the proceedings and continue the child under supervision in the child’s own home under terms and conditions negotiated with […]
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 […]
A. The department shall have exclusive jurisdiction and authority to release an adjudicated delinquent child during the term of the child’s commitment, consistent with the provisions of the Victims of Crime Act [Chapter 31, Article 26 NMSA 1978]. In determining whether to release a child, the department shall give due consideration to public safety, the […]
A. When the department determines that a child is ready to be released, it shall provide a list of children to the juvenile public safety advisory board at least thirty-five days prior to the next regularly scheduled release consideration meeting. The department shall ensure that all other notifications of a pending release proceeding are accomplished […]
A. A child on probation incident to an adjudication as a delinquent child who violates a term of the probation may be proceeded against in a probation revocation proceeding. A proceeding to revoke probation shall be begun by filing in the original proceeding a petition styled as a “petition to revoke probation”. Petitions to revoke […]
A. A child on parole from an agency that has legal custody who violates a term of parole may be proceeded against in a parole revocation proceeding conducted by the department or the supervising agency or by a hearing officer contracted by the department who is neutral to the child and the agency in accordance […]
