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 adults, and removing the requirement for consultation with probation services before filing delinquency petitions. The bill also eliminates the need for a detention risk assessment prior to placing a child in detention, permits the transfer of detained children to adult facilities upon reaching eighteen, and grants courts the discretion to extend judgments until the age of twenty-five. Additionally, it sets the standard of proof for probation revocation to "preponderance of the evidence" and allows for the referencing of sealed juvenile records during relevant hearings.

Further amendments focus on the treatment and rights of children adjudicated as delinquent or youthful offenders, including provisions for electronic communication during detention hearings and ensuring children have rights similar to adults, particularly regarding interrogation and confessions. The bill mandates predisposition studies and mental health evaluations when necessary, clarifies detention facility protocols, and introduces a "consent decree" process for suspending delinquency proceedings under negotiated terms, although this option is not available for serious youthful offenders. It also emphasizes the cultural needs of Indian children in dispositional judgments and ensures that children are not committed to penal institutions until they reach eighteen. Overall, the bill aims to improve the juvenile justice system's efficiency while prioritizing rehabilitation and accountability.

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