Bill > HB334

This bill modifies existing laws concerning children in delinquency proceedings who have mental disorders or developmental disabilities, aiming to clarify competency evaluations and restoration processes. It mandates that competency evaluation reports include a qualified professional's opinion on whether a child is competent for adjudication, and if not, whether they meet criteria for involuntary placement or commitment. For children deemed not dangerous but incompetent, the bill allows for community-based competency restoration programs, with a maximum duration of ninety days, and requires progress reports and review hearings. If a child is found to be dangerous and incompetent, the court can order residential treatment for competency restoration, with specific provisions for secure detention and release. The bill also outlines a process for criminal commitment hearings for children charged with serious violent offenses who are unlikely to regain competency, and establishes a hearing to determine if a child's incompetence is due to a developmental or intellectual disability. Importantly, it sets timelines for review hearings after involuntary placement or commitment orders, and allows for criminal commitment hearings if there's no substantial probability of a child being restored to competency.

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=334&year=26