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NM SB7

NM SB7
Child Delinquency Changes


summary

Introduced
10/01/2025
In Committee
Crossed Over
Passed
Dead

Introduced Session

2025 1st Special Session

Bill Summary

AN ACT RELATING TO DELINQUENCY; EXPANDING THE DEFINITIONS OF "SERIOUS YOUTHFUL OFFENDER" AND "YOUTHFUL OFFENDER" IN THE DELINQUENCY ACT; PROVIDING FOR TRANSPORT OF A SERIOUS YOUTHFUL OFFENDER TO A DISTRICT COURT WHEN ORDERED AND FOR THAT OFFENDER TO BE SEGREGATED FROM ADULTS; REMOVING THE REQUIREMENT THAT A DETENTION RISK ASSESSMENT BE COMPLETED BEFORE A CHILD IS PLACED IN DETENTION; PROVIDING THAT A DETAINED CHILD BE TRANSFERRED TO AN ADULT FACILITY IF THE CHILD REACHES EIGHTEEN YEARS OF AGE; PROVIDING THAT A SERIOUS YOUTHFUL OFFENDER FOURTEEN YEARS OF AGE OR OLDER MAY WAIVE THE SERIOUS YOUTHFUL OFFENDER'S RIGHT TO AN AMENABILITY HEARING; PROVIDING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT AND THE CORRECTIONS DEPARTMENT WITH DISCRETION TO PREPARE CERTAIN PREDISPOSITION REPORTS; REMOVING LIMITATIONS ON THE TYPES OF COMMITMENT A COURT MAY ORDER; PROVIDING THAT A COURT MAY NOT WEIGH ONE AMENABILITY FACTOR MORE HEAVILY THAN ANOTHER FOR SENTENCING PURPOSES; PROVIDING A COURT WITH DISCRETION TO EXTEND A JUDGMENT UP TO THE DATE A CHILD REACHES TWENTY-FIVE YEARS OF AGE; ELIMINATING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT'S EXCLUSIVE JURISDICTION AND AUTHORITY TO RELEASE AN ADJUDICATED DELINQUENT CHILD; PROVIDING THAT THE STANDARD OF PROOF IN A PROBATION REVOCATION PROCEEDING IS PREPONDERANCE OF THE EVIDENCE; AUTHORIZING A PARTY TO REFERENCE SEALED JUVENILE RECORDS FOR THE PURPOSES OF A HEARING REGARDING PRETRIAL DETENTION, CONDITIONS OF RELEASE OR SENTENCING; REPEALING SECTION 32A-2-32.1 NMSA 1978 (BEING LAWS 2007, CHAPTER 96, SECTION 1); MAKING CONFORMING AMENDMENTS.

AI Summary

This bill proposes comprehensive changes to New Mexico's juvenile delinquency laws, focusing on expanding definitions of "serious youthful offender" and "youthful offender" while providing more judicial discretion in handling cases involving juvenile offenders. The bill modifies several key aspects of juvenile justice, including removing the requirement for a detention risk assessment before placing a child in detention, allowing children fourteen years and older who are serious youthful offenders to waive their right to an amenability hearing, and giving courts more flexibility in sentencing by allowing them to extend judgments up to the date a child reaches twenty-five years of age. The legislation also changes the standard of proof in probation revocation proceedings from "evidence beyond a reasonable doubt" to "preponderance of the evidence" and authorizes parties to reference sealed juvenile records in certain hearings related to bail, release conditions, or sentencing. Additionally, the bill eliminates the Children, Youth and Families Department's exclusive jurisdiction to release adjudicated delinquent children and provides more nuanced definitions for different categories of juvenile offenders, with an emphasis on considering individual circumstances, brain development, trauma history, and rehabilitation potential when making judicial decisions.

Sponsors (12)

Last Action

Sent to SCC - Referrals: SCC (on 10/01/2025)

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