Delinquency Services Summary
Centralized State: With the exception of secure detention, the state operates most delinquency services for youth in New Mexico. County executive agencies administer detention. The New Mexico Children, Youth and Families Department, Juvenile Justice Services, administers intake screening, probation, and parole (aftercare) services through district offices covering the 13 judicial districts and administers commitment services.

Court(s) with Delinquency Jurisdiction
District Courts exercise jurisdiction over delinquency proceedings. District Courts are general jurisdiction courts. There are 13 district courts, 11 of which are multi-county. For more information, visit the New Mexico State Judiciary's web site.

Highlights

Juvenile Justice Reform
The American Civil Liberties Union (ACLU) of New Mexico and the Youth Law Center settled a class-action lawsuit against New Mexico’s Children Youth and Families Department (CYFD) in mid-February 2006. As part of the agreement, CYFD must improve security, mental health programming, and rehabilitation services in its juvenile correctional facilities and close the New Mexico Boys' School in Springer. For more information, please read this ACLU press release.

New Mexico Juvenile Justice Program Inventory
The New Mexico Criminal and Juvenile Justice Coordinating Council developed the New Mexico Juvenile Justice Program Inventory, an online searchable database of programs for juveniles referred to the New Mexico Children, Youth and Families Department's (CYFD) Juvenile Justice Services. Users can obtain the following information about each program: program name, contact information, description, eligibility, ages served, capacity, funding sources, CYFD contract division (if contracted through CYFD), non-profit status, CYFD client populations, areas of the state served, and types of services offered.

Detention
County executives administer the 14 secure juvenile detention facilities in New Mexico.

Juveniles can be detained preadjudication, predisposition, and awaiting placement. Delinquent youth can be sentenced to a local detention facility for 15 days or less within a given year. Detention may be used as a sanction for probation or parole violations. Detention hearings must be held within 24 hours after filing the petition.

New Mexico Statutes, Chapter 33, Articles 6, 9A, and 12 and New Mexico Administrative Code, Title 8, Chapter 14, Parts 14 and 15 discuss detention. Effective July 1, 2003, the New Mexico Children's Code was changed to emphasize reducing the number of youth in detention. Changes include: basing the decision to detain youth on an objective detention risk assessment instrument; using alternatives to detention, such as electronic monitoring and intensive supervision; and making criteria for detention more specific. Under the new detention criteria, a youth must pose a substantial risk of harm or leaving the court's jurisdiction. In compliance with the new Children's Code, the Detention Risk Assessment Instrument (RAI) is now in use statewide. Detention facilities also use the MAYSI-2 mental health screening instrument and the V-Disk mental health assessment tool.

Delinquency Intake Screening
Juvenile Probation/Parole Officers from the New Mexico Children, Youth and Families Department, Juvenile Justice Services receive and examine law enforcement delinquency complaints and conduct preliminary inquiries (PI) to determine how to proceed. The PI determines the best interests of the youth and the public regarding any action taken. Intake must notify the District Attorney of all felony complaints along with any recommended adjustments to the complaint. The county District Attorney, after consulting with probation, must endorse the filing and subsequently sign all petitions.

Diversion
By statute (32A-2-7), during the preliminary inquiry on a delinquency complaint, Juvenile Probation/ Parole Officers from the New Mexico Children, Youth and Families Department, Juvenile Justice Services may refer youth to an appropriate agency, and adjustment conferences may be held instead of filing petitions. At the beginning of the preliminary inquiry, the parties must be advised of their basic statutory rights, and no party may be compelled to appear at any conference, produce any papers, or visit any place. If the juvenile completes the agreed upon conditions and no new charges are filed against the juvenile, the pending petition is dismissed. Juvenile Probation and Parole Officers have the power to informally dispose of up to three misdemeanor charges brought against a youth within two years.

Predisposition Investigation
Juvenile Probation/Parole Officers from the New Mexico Children, Youth and Families Department, Juvenile Justice Services prepare predisposition reports for the court to consider at disposition. New Mexico uses a structured decision making formula when making disposition recommendations and determining appropriate levels of supervision to provide uniformity statewide for handling cases. The state focuses on three areas of rehabilitation: education, cognitive restructuring, and mental health care. For more information, visit the Children's Research Center of the National Council on Crime and Delinquency.

Victim Rights and Services
Victims of juvenile offenses have the statutory right to be notified by the District Attorney if their offender escapes or is released from a correctional or juvenile justice facility (see 31-26-11 and 31-26-12). The court may also order a delinquent youth to pay restitution to the victim (32A-2-31).
The New Mexico Crime Victims Reparation Commission administers crime victim compensation.

Probation Supervision
Juvenile Probation/Parole Officers (JPPOs), employed by the New Mexico Children, Youth and Families Department (CYFD), Juvenile Justice Services, work out of 33 local offices. JPPOs supervise only juveniles. The court sets the terms of probation with recommendations from the JPPO, District Attorney, and the youth's attorney. JPPOs are encouraged to maintain contact with clients in placement through phone calls, letters, and staffings. By statute, the court may extend a judgment of probation for one year until the youth reaches the age of 21 if the court finds that it is necessary to protect the community or the youth's welfare.

The mission statement of the Children, Youth and Families Department is: CYFD believes in the strengths and resiliency of families who are our partners and for whom we advocate to enhance their safety and well-being. We respectfully serve and support children and families and supervise youth in a responsive community based system of care that is client-centered, family focused, and culturally competent. The philosophy driving probation practice in the state is a balanced approach with increased emphasis on treatment and front-end services rather than commitment to facilities. To that end, resources have been reallocated to specific family centered services (such as Family Functional Therapy).

JPPOs are not stationed in neighborhood or school-based offices. However, almost every county has a JPPO office, and many JPPOs have an office they use in the schools. Most offices have surveillance officers and JPPOs who work non-traditional hours. New Mexico provides specialized probation services, including intensive supervision, with state funding. No standard sets caseload size.

CYFD uses a structured decision making tool that recommends levels of probation supervision in all counties. In addition, a Plan of Care Tracking Sheet is used.

Juvenile Community Corrections and the University of New Mexico periodically evaluates the effectiveness of probation supervision. The legislature funds these evaluations with community corrections funding.

Juvenile Probation Officer Qualifications, Certification, and Training
Juvenile Probation/Parole Officer (JPPO) candidates must have a bachelor’s degree and two years of experience. New Mexico does not certify its JPPOs. The New Mexico Children, Youth and Families Department, Juvenile Justice Services provides a two-week core training program for new JPPOs. JPPOs must also attend 40-hours of continuing education each year. Although New Mexico does not have a JPPO Manual, the state Administrative Code contains juvenile probation procedures.

Juvenile Corrections Continuum
The New Mexico Children, Youth and Families Department's Juvenile Justice Services administers the state's four commitment facilities:

• New Mexico Boys School (153 beds, medium secure)
• Youth Diagnostic and Development Center (152 beds, 76 for medium secure and maximum secure boys; 22 for medium secure and maximum secure girls; 32 for diagnostics; and 22 for the Central Intake Unit).
• Camp Sierra Blanca (30 beds, minimum secure run by AMI)
• J. Paul Taylor Center (36 beds, medium secure, operated by Southwest Key Program, Inc. in Las Cruces).

Commitment to State
At disposition, the Children's Court may transfer legal custody of a delinquent youth to the New Mexico Children, Youth and Families Department's diagnostic and central intake center, where staff determines the appropriate placement, supervision, and rehabilitation program for the youth. The judge may include recommendations for the placement of the youth. Commitments are determinate. They may be a one-year (short-term) commitment or a two-year (long-term) commitment. The committing court can extend a long-term commitment for additional periods of one year until the youth reaches age 21, if necessary, to safeguard the welfare of the youth or the public interest (32A-2-19).

Juvenile Correction Officers supervise youth while in placement.

Blended Sentencing
New Mexico was the first state to enact a blended sentencing law when it enacted its youthful offender law in 1993. Under New Mexico's Children's Code, once the state files the notice of intent to invoke adult sanctions and the youth is adjudged a youthful offender, the district court may impose either an adult sentence or juvenile disposition. Prior to July 1996, a youthful offender had to be between 15 to 18 years old at the time of the offense and adjudicated for committing at least one of a number of enumerated offenses. The age range for youthful offender status now includes youth age 14 at the time of the offense.

If the court chooses to impose a juvenile disposition on an adjudicated youthful offender, the court may enter a judgment for the supervision, care, and rehabilitation of the youth that may include an extended commitment until the youth reaches age 21. To impose an adult sentence on an adjudicated youthful offender, the court must find that: (1) the youth is not amenable to treatment or rehabilitation as a youth in available facilities; and (2) the youth is not eligible for commitment to an institution for the developmentally disabled or mentally disordered. In making such findings, the court must consider several factors, including the seriousness of the offense and the likelihood of a reasonable rehabilitation of the youth that would adequately protect the public.

For more information on New Mexico's blended sentencing provisions, click here. For more information regarding the impact of New Mexico's blended sentencing law, see: Torbet, P., Griffin, P., Hurst, Jr., H., and MacKenzie, L.R. 2000. Juveniles Facing Criminal Sanctions: Three States That Changed the Rules. Washington, DC: U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention.

Direct Placement
In New Mexico, the court can place a juvenile directly in a residential treatment center (RTC), group home, or other type of treatment setting without committing the juvenile to Children, Youth and Families. Such commitment is for the duration of treatment. The court and the Juvenile Probation/Parole Officer (JPPO) makes the release decision. The JPPO in charge of the youth's probation supervises the juvenile while in direct placement.

Release
A juvenile parole board, administratively attached to the New Mexico Children, Youth and Families Department, makes parole decisions. The governor appoints a director and three part-time volunteer members are appointed to the board for 6-year terms. The juvenile parole board has the exclusive power to parole or release the youth when it appears that the purpose of the order has been achieved before the expiration of the period of judgment. JJS procedure requires that it provide structured decision making information to the juvenile parole board. At least 30 days before ordering any parole, the juvenile parole board must submit a written report to the court on each release or termination and the reasons. The judge may express his or her views to the board, but the board makes the final parole decisions. However, the board cannot override the judge's decision to extend judgment for additional one-year periods.

Per 32A-7-8(C), the court has the option to affirm or deny the parole board's decision if deemed necessary.

Aftercare/Re-entry
The New Mexico Children, Youth and Families Department's Juvenile Justice Services (JJS) administers parole (aftercare) services through district offices covering the 13 judicial districts. JJS also operates four step down centers and a community residential facility for probationers and parolees released from one of the commitment facilities. Juvenile Probation and Parole Officers provide aftercare supervision.

New Mexico is participating in the Office of Justice Program's Serious and Violent Offender Reentry Initiative. For information about New Mexico's involvement, click here. By visiting the State Activities & Resources page, users can read about how other states are using their grants. Descriptions of programs for juveniles follow the descriptions of programs for adults, where applicable.

State Laws

Legal Resources
Juvenile Code is found at New Mexico Statutes, Title 32A, Articles 1 and 2.

State Bar of New Mexico

Purpose Clauses
To read New Mexico's purpose clauses for delinquency proceedings and juvenile corrections, click here.

Delinquency Jurisdiction (as of the end of the 2005 legislative session)
Lower Age: None specified
Upper Age: 17
Extended Age of Delinquency Jurisdiction: 20

Juvenile Transfer Laws
For information on New Mexico's juvenile transfer laws, click here.

Juvenile Justice Leadership

Juvenile Justice Advisory Committee
The Juvenile Justice Advisory Committee operates as the State Advisory Group (SAG) guiding the expenditure of federal and State funds.

Resources/Contacts
Human Resource Development Associates' Taos Community Corrections Program
New Mexico Children, Youth and Families Department
New Mexico Council on Crime and Delinquency
New Mexico Crime Victims Reparation Commission
New Mexico Sentencing Commission
New Mexico State Judiciary

Richard Lindahl
Juvenile Justice Specialist
New Mexico Children, Youth and Families Department
P.O. Box 5160
Santa Fe, NM 87502-5160
Phone: (505) 827-7625
Fax: (505) 476-0225

Ted Lovato
Deputy Directo,r Juvenile Justice Services
Juvenile Probation & Parole
New Mexico Children, Youth and Families Department, Juvenile Justice Services
112 Paseo De Peralta
Santa Fe, NM 87501
Phone: (505) 827-9916
Fax: (505) 827-8408
ted.lovato@state.nm.us

The National Center for Juvenile Justice strives to make each State Profile as accurate as possible. Please bring any errors, updates, or additions to the attention of the State Profiles project manager. Persons listed as state contacts are not responsible for information contained in these profiles.

© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice

Citation: National Center for Juvenile Justice. 2006. "New Mexico." State Juvenile Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.