The bill amends the Delinquency Act and various sections of the New Mexico Children's Code to enhance the handling of juvenile cases, particularly for serious youthful offenders and youthful offenders. Key changes include expanding definitions, allowing for the transport of serious youthful offenders to district court while ensuring their segregation from adult offenders, and removing the requirement for children's court attorneys to consult probation services before filing delinquency petitions. The bill also eliminates the necessity of a detention risk assessment prior to placing a child in detention and allows for the transfer of a detained child to an adult facility upon reaching eighteen years of age. Additionally, it grants courts more discretion in conducting detention hearings via electronic communication and allows serious youthful offenders aged fourteen and older to waive their right to an amenability hearing.

Further amendments focus on the rights and procedures related to juvenile detention, including the transfer of violent youthful offenders to county jails with protections from adult inmates, and ensuring that children are informed of their rights and have access to legal representation. The bill establishes that predisposition reports must be prepared for serious youthful offenders and outlines mental health evaluation processes. It also clarifies that judgments from juvenile proceedings are not criminal convictions and introduces provisions for the denial or revocation of driving privileges for delinquent children. The burden of proof in probation revocation proceedings is changed to "preponderance of the evidence," and new provisions for sealing juvenile records are included, enhancing confidentiality while allowing references in specific legal contexts. Overall, the amendments aim to improve the juvenile justice system's responsiveness and effectiveness while safeguarding public safety and the rights of children.

Statutes affected:
introduced version: 32A-2-2, 32A-2-3, 32A-2-4.1, 32A-2-8, 32A-2-11, 32A-2-12, 32A-2-13, 32A-2-14, 32A-2-17, 32A-2-18, 32A-2-19, 32A-2-20, 32A-2-22, 32A-2-23, 32A-2-23.1, 32A-2-24, 32A-2-26, 32A-2-32.1