This bill amends the definitions of "serious youthful offender" and "youthful offender" in New Mexico's Criminal Sentencing Act and Delinquency Act. The definition of "serious youthful offender" is expanded to include individuals aged fourteen to eighteen charged with serious crimes such as first and second-degree murder, voluntary manslaughter, and aggravated criminal sexual penetration. The definition of "youthful offender" is revised to include those aged fourteen to eighteen charged with offenses like robbery and aggravated battery, particularly if they have prior felony adjudications. The bill also grants courts discretion in sentencing serious youthful offenders, allowing for either adult sentences or juvenile sanctions based on factors like the seriousness of the offense and the child's maturity.

Furthermore, the bill establishes a rebuttable presumption that children previously sentenced as adults are not amenable to treatment or rehabilitation. If an adult sentence is imposed, it cannot exceed the mandatory adult sentence, and the child will be treated as an adult offender, resulting in a transfer to an adult incarceration agency. Importantly, children sentenced as adults cannot receive life imprisonment without the possibility of release or parole. The bill clarifies that children aged fourteen or older charged as serious youthful offenders, but not convicted of first-degree murder, may still be adjudicated based on their actual offense, with specific dispositions outlined for those found to have committed youthful offender offenses versus delinquent acts.

Statutes affected:
introduced version: 31-18-15.2, 32A-2-3, 32A-2-20