The bill amends the Delinquency Act and various sections of the New Mexico Children's Code to enhance the handling of juvenile cases by expanding definitions of "serious youthful offender" and "youthful offender." Key provisions include the transport of serious youthful offenders to district court while ensuring their segregation from adult offenders, the removal of the requirement for children's court attorneys to consult probation services before filing delinquency petitions, and the elimination of the need for a detention risk assessment prior to placing a child in detention. The bill also allows for the transfer of detained children to adult facilities upon reaching eighteen, grants courts discretion in conducting detention hearings via electronic communication, and permits serious youthful offenders aged fourteen and older to waive their right to an amenability hearing.

Additional amendments focus on the rights and procedures related to juvenile detention, including the requirement for probable cause determinations within 48 hours of detention and the assurance that children have the same basic rights as adults. The bill mandates predisposition reports for serious youthful offenders and clarifies that judgments from juvenile proceedings are not criminal convictions. It also introduces provisions for the denial or revocation of driving privileges for children aged fifteen and older as part of consent decrees, modifies the process for extending probation or commitment judgments, and revises criteria for sealing juvenile records while maintaining confidentiality. Overall, the bill aims to improve the juvenile justice system's responsiveness and effectiveness while ensuring public safety and the rehabilitation of youthful offenders.

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