TITLE 8 SOCIAL
SERVICES
CHAPTER 14 JUVENILE JUSTICE
PART 7 SUPERVISED RELEASE AND
DISCHARGE
8.14.7.1 ISSUING AGENCY: New Mexico Children, Youth and Families
Department.
[8.14.7.1 NMAC - N,
7/16/2009]
8.14.7.2 SCOPE: This
rule applies to clients who are committed to the custody of juvenile justice
services pursuant to the Delinquency Act, staff of juvenile justice services of
the children, youth and families department and the operators of facilities
contracted by CYFD.
[8.14.7.2 NMAC - N,
7/16/2009]
8.14.7.3 STATUTORY AUTHORITY: NMSA
1978 SECTION 9-2A-7(D) authorizes the secretary of the children, youth and
families department to adopt regulations as necessary to carry out the duties
of CYFD. NMSA 1978 section 32A-2-19
provides that delinquent children may be committed to the legal custody of CYFD
who is then responsible for determining the appropriate placement, supervision
and rehabilitation of committed children, and more generally NMSA 1978 section
32A-2-1 et seq., the Delinquency Act, contains various provisions relating to
the commitment, custody, and release of adjudicated children.
[8.14.7.3 NMAC - N,
7/16/2009]
8.14.7.4 DURATION:
Permanent.
[8.14.7.4 NMAC - N,
7/16/2009]
8.14.7.5 EFFECTIVE DATE: July
16, 2009, unless a later date is cited at the end of a section.
[8.14.7.5 NMAC - N,
7/16/2009]
8.14.7.6 OBJECTIVE: To
provide for the transition, release, and supervision of juvenile offenders from
juvenile justice services facilities.
[8.14.7.6 NMAC - N,
7/16/2009]
8.14.7.7 DEFINITIONS:
A. Absconder refers to a client on probation or
supervised release who leaves the jurisdiction without permission, or an
escapee or runaway from a placement.
B. Aftercare
refers to supervised release case management provided to clients released from
juvenile justice facilities and treatment programs.
C. Arrest warrant refers to a warrant issued from district court ordering that a client be taken into
custody.
D. Board means the
juvenile public safety advisory board whose members are appointed pursuant to
the Juvenile Public Safety Advisory Board Act, 1978 NMSA Sections 32A-7A-1 to
32A-7A-8.
E. Classification officer refers to a department employee who provides
direct case management and client advocacy throughout the client’s
commitment. The classification officer
provides assessment of the client’s risk, needs and strengths by which the
multi-disciplinary team will assign appropriate placement.
F. Client family baseline assessment refers to a written report by a juvenile
probation officer that identifies the client’s delinquent history and the
strengths and needs of the client and family.
G. Delinquent act refers to an act committed by a juvenile
that would be designated as a crime under the law if committed by an adult.
H. Department means the children, youth, and families
department.
I. Detention refers to the temporary care of juveniles alleged to be delinquent who require
secure custody in a facility certified for that purpose by the department
(Section 32A-2-4 NMSA 1978).
J. Facility refers to a facility operated by, or on behalf of, CYFD’s juvenile
justice services for purposes of housing and providing care for clients
committed to the custody of CYFD.
K. Facility
release panel (panel) is the
departmental secretary-designated releasing authority that considers juveniles
for supervised release.
L. Facility transition coordinator
(FTC) means a department
employee who works with the client and the client’s multi-disciplinary team,
juvenile probation officer, classification officer, and regional transition
coordinator to coordinate the client’s care while in the facility and ensures
that the required tasks of the client’s supervised release or extension track
are occurring in a timely manner.
M. Final supervised release violation hearing means a proceeding conducted by the
department or its designated hearing officer, for the purpose of determining
whether to revoke supervised release.
N. Home study means an assessment of the living environment where the juvenile
offender may reside during the term of supervised release; the assessment is
conducted by the department; specific strengths and weaknesses of the living
environment are identified through the home study process.
O. JJS is juvenile justice services, a division of the
children, youth and families department.
P. JPO is a
juvenile probation officer.
Q. Juvenile public safety advisory board (JPSAB)
will advise the department on release decisions and make recommendations
regarding programs and facilities.
R. Juvenile offender means an individual committed to the custody of the department
pursuant to the Delinquency Act, 1978 NMSA Section 32A-2-1 through 32A-2-32;
the term “juvenile offender” in this regulation includes those individuals who
are committed as youthful offenders or up to age 21.
S. Multi-disciplinary team (MDT) refers to the team that meets at the facility
to develop, monitor, and revise client plans for placement and services. The
team includes the client and
family member(s), and behavioral health, education, medical, a security
representative, the juvenile probation officer and a transition coordinator if
assigned.
T. Plan of care (POC) refers to the plan developed at the first
multidisciplinary team (MDT) meeting following placement at the facility and
reviewed and updated at each subsequent MDT. The plan included goals and
objectives in all disciplines and is broadly available to all staff with client
contact.
U. Probation refers
to a court-ordered sanction and disposition which places an adjudicated client
under the supervision and care of a juvenile probation officer.
V. Regional transition
coordinator (RTC) means a department employee whose duties may include
coordination of community and aftercare services for a client.
W. Release agreement
means the document stating the conditions of supervised release as established
by the panel. The juvenile is required
to agree in writing to the agreement conditions as a prerequisite to being
placed on supervised release status.
X. Release consideration meeting means a proceeding conducted by the panel
for purposes of deciding whether to grant, deny, defer or revoke supervised
release.
Y. Retake warrant refers to the document issued by the
department, directed to law enforcement and department staff to detain a client
alleged to have violated conditions of supervised release, and return the
client to a secure facility.
Z. Secretary means the secretary of the children, youth and
families department.
AA. Supervised release refers to the release of a juvenile, whose
term of commitment has not expired, from a facility for the care and
rehabilitation of adjudicated delinquent children, with specified conditions to
protect public safety and promote successful transition and reintegration into
the community. A juvenile on supervised release is subject to monitoring by the
department until the term of commitment has expired, and may be returned to
custody for violating conditions of release.
BB. Supervised
release plan means
the department’s recommendation for the conditions the juvenile offender should
be required to fulfill if released, and presents workable methods of dealing
with the juvenile offender’s problems and needs through community intervention.
CC. Supervised release
recommendation report is the report prepared by the FTC/designee to inform
the panel of the juvenile’s progress while committed and readiness for release
through summaries of all the disciplines in the juvenile’s plan of care and the
plan for the juvenile if he or she is granted supervised release.
DD. Victim notification means notification to the district attorney of each district in the
state of any supervised release of juvenile offenders pursuant to Section
31-26-12 NMSA 1978.
[8.14.7.7 NMAC - N,
7/16/2009]
8.14.7.8 FACILITY
RELEASE PANEL
A. The facility
release panel will conduct release consideration meetings at a minimum of
monthly intervals to consider whether to grant release to juvenile offenders
who are identified on the agenda. In
addition to the regularly scheduled release consideration meetings, the panel
may conduct special release consideration meetings upon recommendation of a
facility or as a result of any circumstances that warrant review and
consideration for release. Release
consideration meetings may be held at any of the department’s facilities.
B. The facility release panel consists of the JJS director/deputy
director, the superintendent/designee
from each CYFD facility, a behavioral health supervisor from the client’s
facility, a representative from education administration, and a quorum of the
JPSAB. Video or teleconferencing shall
be arranged for any member of the panel who cannot attend in person. The JJS director/deputy director is
the departmental representative of the panel for purposes of notifications and
revocations.
(1) The JJS director/deputy director serves
as the panel chairperson.
(2) Each member of the panel has one vote in
release decisions, and decisions must be approved by a majority vote.
(3) The
quorum of the board that participates in release consideration meetings confers
on decisions and provides the panel with one vote for all of the board members.
[8.14.7.8 NMAC - N,
7/16/2009]
8.14.7.9 ELIGIBILITY FOR SUPERVISED
RELEASE
A. A juvenile is eligible for supervised release any time after commitment
to the department. A juvenile’s supervised release date and placement is
tentatively determined at their initial MDT meeting, based on the juvenile’s
client family baseline assessment and other information presented at the
meeting. The MDT shall provide the
juvenile with a notice of tentative release date at the conclusion of the
Initial MDT. Once a tentative release date is determined, the juvenile shall be
scheduled for the agenda of the release consideration meeting that coincides
with that date, and agendas shall be provided to the juvenile public safety
advisory board on a monthly basis. If so
warranted by the juvenile’s behavior or for other good cause, the release date
may be moved up and the panel may consider a juvenile at an earlier release
consideration meeting.
B. If after a
release date is determined the MDT recommends that the juvenile’s supervised
release needs to be deferred, the MDT shall make written findings detailing the
reasons for the deferral and provide those to the juvenile and the panel. The juvenile shall then be rescheduled as
soon as practically possible for a release consideration meeting.
C. The panel shall
base a decision to grant or deny supervised release on the following, as
determined by the application of the specific criteria in Subsection D and the
MDT’s recommendation for release, as determined at the MDT at least two months
prior to the scheduled release date:
(1) the public safety of
the community;
(2) the likelihood of
successful reentry and reorientation to the community, based on the extent of
the client’s rehabilitation and the proposed supervised release plan;
(3) the best interests of
the client; and
(4) the likelihood of
further progress with the programs and services offered in the facility.
D. Specific
criteria to be considered by the panel and the MDT include:
(1) the juvenile
offender’s preparedness and willingness to assume the obligations and
responsibilities of the release agreement;
(2) the degree to which
the proposed living arrangements and community are conducive to successful
completion of release and reintegration into the community;
(3) the juvenile
offender’s progress, rehabilitation and conduct while in the facility,
including as reflected through SDM information;
(4) the extent and nature
of the juvenile offender’s drug or other substance abuse, and his response to
treatment;
(5) the juvenile
offender’s history of delinquency or previous commitment;
(6) the availability of
community resources to assist the juvenile offender, especially those that are
only available in the juvenile’s community and not available in the facility;
(7) any behavioral health
or medical needs that the juvenile may have that can be more appropriately
addressed in the community;
(8) information supplied
by victims; and
(9) the nature of the
offense for which the juvenile offender is presently committed.
E. Any
time the department modifies the release criteria, it must first confer with
the juvenile public safety advisory board and consider the board’s input. If criteria are changed, the board must be
allowed to participate in the decision and if there are disagreements, the
department and the board shall in good faith attempt to reconcile the
disagreements. If the board and the
department cannot reconcile, the reasons for disagreement shall be recorded and
submitted to the director of facilities to make a final decision.
[8.14.7.9 NMAC - N,
7/16/2009]
8.14.7.10 CONDUCT
OF RELEASE CONSIDERATION MEETINGS
A. Each
FTC submits a proposed list of names of juveniles to be placed on the agenda to
the panel at least forty days prior to the next regularly scheduled release
consideration meeting dates. The FTC shall
provide the release panel with the release consideration summary at least ten
(10) days before the release consideration meeting.
(1) A client may appear on the panels’ agenda
by:
(a) an MDT recommendation for release;
(b) personally petitioning the panel any time
sixty days after commitment or after a denial of release;
(c) a board request to be placed on the agenda
after a denial of release.
(2) The final agenda is
prepared and approved by the JJS director/designee.
(3) The JJS
director/designee distributes copies of the final agenda to the department’s
facilities sufficiently in advance so that the facilities may arrange for the
juvenile offenders and the employees who will present their cases to be
present.
(4) For purposes of
victim notification and representation, the JJS director/designee notifies the
administrative office of the district attorneys of the upcoming agenda at least
ten days prior to the release consideration meeting and provides notice if
there are changes made to the agenda. After the release consideration meeting,
the AODA, the committing judge, and the NM public defender department are
promptly notified of the juvenile offenders who were granted or denied
supervised release and the reasons therefore.
(5) The JJS
director/deputy director/designee provides a copy of the panel’s agenda to the
JPSAB at least thirty five (35) days before the release consideration meeting.
B. At least ten
(10) days prior to a release consideration meeting, the members of the panel
receive an updated supervised release recommendation report from the facility
transition coordinator for each juvenile offender on the agenda. For special supervised release hearings or
for juvenile offenders who are added to the agenda, the panel receives the
updated supervised release recommendation report as soon as practicable. The updated supervised release recommendation
report must include the following information:
(1) for the commitment
period, summaries of:
(a)
behavior at the facility, including any disciplinary actions;
(b)
mental health/medical interventions;
(c)
extra-curricular activity;
(d)
academic/vocational progress;
(e) family involvement while in commitment,
including family involvement in any community services offered or recommended;
(2) home study that
includes the status of the juvenile offender’s siblings and juvenile/adult
relatives known to law enforcement authorities and includes the JPO’s
assessment of the juvenile offender’s home situation, including an update if
the home study is more than 60 days old or circumstances have changed
significantly since the completion of the home study;
(3) for the proposed
supervised release period, the plan for:
(a)
living arrangements; if the supervised release plan involves independent
living, a full description of the proposed living and financial arrangements,
including a budget breakdown; if an out-of-state release is proposed, all
information required under applicable interstate compact provisions; if RTC,
foster care, or other alternative living arrangement is proposed, how the
placement will be funded and the estimated length of stay;
(b)
education, including but not limited to, written confirmation from
school officials or the juvenile offender’s JPO as to anticipated school
acceptance and grade level; any special educational programs should be outlined
in the home study update;
(c)
employment, including a letter from an employer setting forth the place
of work, the beginning date if known, the number of hours, work schedule and
rate of pay; information about employment arrangements should be made in the
home study update;
(d)
community service, including the name and location of the program and
the number of hours of service recommended; the panel may consider such service
as a complement or alternative to employment;
(e)
community resources to be utilized to help the juvenile offender,
including but not limited to alcohol, substance, drug, individual therapy,
group therapy, mental health, sex offenders and family counseling programs; the
counseling information shall specify particular programs and costs when
possible;
(f)
court ordered restitution or community service, which is to be arranged
and coordinated through the department prior to supervised release;
(g)
information provided by the victim, if any; and
(h)
such additional information that the panel or facility may request in
the particular case.
C. The panel
interviews each juvenile offender and the juvenile’s primary caregiver(s), if
in attendance, at the release consideration meeting at which his or her
supervised release is under consideration before making a decision to grant or
deny supervised release. If the juvenile
or the primary caregivers are unavailable to attend the meeting in person, vide
or teleconferencing may be arranged.
D. Juvenile
offenders are permitted to have legal counsel present at release consideration
meetings.
E. Other than the
juvenile, the juvenile’s primary caregivers, and department representatives,
the panel has sole discretion and authority to determine who may be present at
release consideration meetings, which are not open to the public.
F. Official
minutes of release consideration meetings are prepared by the panel.
G. Any decision
regarding supervised release shall be approved by a majority of the panel. If the action of the panel is not unanimous,
the dissenting member may have the reasons for his or her dissent set forth in
the official minutes of the release consideration meeting.
H. The panel shall
grant release when:
(1) the client has
reached, or will reach before the next regularly scheduled release
consideration meeting, his or her 90 day mandatory release date, as determined
by the length of commitment ordered by the court;
(2) the client meets
release criteria;
(3) the purpose of the commitment has been
achieved; or
(4) the department is
unable to adequately meet the client’s needs in any of its facilities or
programs, a suitable facility or program is available in the community where
the juvenile has been accepted for placement, and supervised release to that
placement would not pose a substantial risk to the public safety.
I. The panel’s
decision is announced to the juvenile offender, the juvenile’s family, and
their placement (if out of home) within forty eight (48) hours of the
conclusion of the release consideration meeting.
(1) If the panel decides
to grant supervised release, the juvenile offender is immediately informed of
the panel’s decision and of the general and special conditions of release.
(a)
The juvenile offender must agree and sign a written statement of the
general and special conditions of release (the release agreement) in order for
release to commence. The panel provides a copy of the proposed release
agreement to the juvenile at the release hearing, and mails a copy to the
juvenile’s parent, guardian or custodian within five (5) days, if release is
granted.
(b)
A certificate of supervised release is prepared, and a copy is provided
to the juvenile.
(2) If the panel decides
to deny supervised release, the panel provides the juvenile offender, their
family, and their placement (if out of home) with a written statement of
reasons for denial. A copy of the
statement is mailed to the juvenile offender’s parent, guardian or custodian
within five (5) days after the decision is made to deny release. The panel may deny supervised release when,
based on information presented at the release consideration meeting, a juvenile
is not in a mandatory release period and:
(a)
there is substantial risk to the public safety if he or she is released;
(b)
there is a substantial likelihood the juvenile offender will not follow
the conditions of supervised release;
(c)
continued programming at the facility would be beneficial to the
juvenile; or
(d)
there exists any other reasons the panel deems sufficient and reasonable
to deny supervised release.
J. Special release
consideration meetings. Special release
consideration meetings are scheduled at the discretion of the panel. Time frames applicable to the regularly
scheduled release consideration meetings do not apply; however, the panel will
coordinate receipt of any proposed agenda and distribution of the finalized
agenda so that all interested parties and agencies receive as much notice as
practicable. Notices of special release
consideration meetings and agendas are provided to the AODA and the NM public
defender department at least five days prior to the meeting.
K. If circumstances
substantially change between a future release date and the date that release is
approved by the panel, the panel may reconsider the decision to release and
defer or deny release. If the panel
decides to defer or deny release, it shall do so at a release consideration
meeting, following all regular procedures, provided however, that supervised
release may be temporarily deferred by the JJS director and the juvenile kept
at the facility pending the convening of a release consideration meeting. Substantially changed circumstances include,
but are not limited to:
(1) the juvenile’s
behavior in the period between approval and actual release is such that
releasing him or her would pose a threat to his or her safety or the public
safety;
(2) the placement that
the juvenile is scheduled to be released to is not approved, cancelled, or
otherwise modified such that releasing the juvenile would not be in his or her best interests; or
(3) any other credible
information that comes to the attention of the panel that leads to a
determination that the juvenile should not be released.
[8.14.7.10 NMAC - N,
7/16/2009]
8.14.7.11 GENERAL AND SPECIAL
CONDITIONS OF SUPERVISED RELEASE
A. The
panel determines the general and special conditions of supervised release. The panel may add, delete or change any of
the general or special conditions of supervised release.
B. The
following are general conditions of supervised release to be included in all
supervised release agreements.
(1) “I must maintain myself as a law-abiding
citizen by following all municipal, county, state and federal laws, ordinances
and orders, including laws and rules of Indian tribal councils when
applicable. If I am enrolled in school,
I must follow all school policies and regulations.”
(2) “I must keep my JPO, my parents, custodian
or guardian informed of my whereabouts at all times.”
(3) “I will be required to have written
permission of my JPO, in cooperation with my parents, guardian, or custodian,
as appropriate, if I wish to temporarily leave the county to which I have been
released.”
(4) “I will inform my JPO, in cooperation with
my parents, guardian, or custodian, as appropriate, if I am charged, arrested
or detained by any law enforcement or juvenile authority, within a reasonable
period of time, but no later than forty-eight (48) hours after arrest.”
(5) “My JPO has the right to visit me at home,
school or place of employment at any time.”
(6) “I will follow curfew rules established by
my JPO, as written with the cooperation of my parents, guardian or custodian.”
(7) “I shall not use, possess, sell or
transfer marijuana, narcotics or any other dangerous or illegal substances
which have not been prescribed for me by a physician. I will participate in any examination
requested by my JPO regarding possible use of such substances.”
(8) “I will not possess or consume beer or any
alcoholic beverage at any time while on supervised release. I will not enter any business commonly known
as a bar, lounge or liquor store.”
(9) “I must notify my JPO, in cooperation with
my parents, guardian, or custodian, as appropriate, before applying for a
marriage license or filing for divorce or legal separation.”
(10) “I must not associate with anyone with
whom my JPO, in cooperation with my parents, guardian, or custodian, as
appropriate, forbids me to associate.
This may include anyone with a criminal or delinquent record, anyone
associated with a gang and anyone that may be detrimental to my successful
completion of supervised release.”
(11) “I cannot own, possess, sell, use or
distribute firearms or other deadly weapons.”
(12) “I will not endanger the person or
property of someone else.”
(13) “I will abide by all reasonable
instructions of my JPO.”
(14) “I will report to my JPO within 24 hours
of release and will remain under house restriction and direct parental
supervision until such time as my JPO decides to lift the restriction”.
C. The
panel assigns special conditions of supervised release, including specific
details so as to determine compliance and success, regarding:
(1) person, city, county and state into whose
custody a juvenile is released;
(2) employment;
(3) school;
(4) counseling, including career counseling;
(5) volunteer community service;
(6) associations;
(7) residency;
(8) community service or
restitution, if any; and
(9) any other special conditions the panel
deems appropriate.
[8.14.7.11 NMAC -
N, 7/16/2009]
8.14.7.12 BEHAVIOR
DURING THE SUPERVISED RELEASE PERIOD
A. The department supervises juveniles on supervised release. The facility or regional transition
coordinator /designee is responsible for providing the juvenile’s juvenile
probation officer with the supervised release recommendation report and any
other documentation required to properly transition the juvenile to supervised
release.
B. Modification of
release conditions.
(1) Only the panel may
substantially modify any of the terms of the supervised release agreement. The panel notifies the juvenile and his or
her JPO of any such modifications.
(2) In an emergency
situation, the JPO may temporarily approve a change of residency without prior
approval from the panel. The JPO must
notify the panel as soon as practicable.
If the situation permits, the JPO should telephone the panel’s
chairperson for verbal approval prior to taking this emergency action.
(3) The JPO must submit a
notification of supervised release change to the panel for approval of any
proposed minor modifications to the written release agreement.
C. Absconders. When a juvenile on supervised release
conceals or absents himself or herself from release supervision, the panel may
declare him or her an absconder and request that a warrant be issued.
D. After supervised
release, the panel receives the following reports and information:
(1) progress reports
prepared by the JPO, assessing the progress of the juvenile; or
(2) reports of supervised
release violations.
[8.14.7.12 NMAC - N,
7/16/2009]
8.14.7.13 VIOLATIONS OF SUPERVISED RELEASE
CONDITIONS: The JPO informs the panel when a juvenile is
alleged to have violated any general or special conditions of supervised
release. The JPO and a designated
departmental representative of the panel confer regarding the appropriate
course of action in each circumstance.
Supervised release shall only be revoked and the juvenile placed in
detention if it is necessary to protect the public safety, prevent self-injury,
facilitate transfer, or ensure the presence of the juvenile at subsequent court
hearings.
A. After
consultation, there may be a decision to allow the juvenile to continue on
supervised release. The JPO’s monthly
report to the panel will document the justification for the decision to
continue supervised release.
B. The
panel may issue a reprimand for any supervised release violation, upon
recommendation of the department or upon its own initiative when
appropriate. The reprimand may be oral
or written. Reprimands may be issued
during a supervised release revocation proceeding if the panel has decided,
after a preliminary supervised release violation inquiry or final supervised
release violation hearing, not to revoke supervised release.
C. The
panel may modify the release agreement to address less serious violations for
which supervised release revocation proceedings are not immediately
appropriate.
D. If
after consulting with the panel, there is a decision to begin revocation
proceedings against the juvenile, a preliminary supervised release violation
report is prepared.
[8.14.7.13 NMAC - N,
7/16/2009]
8.14.7.14 SUPERVISED
RELEASE REVOCATIONS
A. Preliminary supervised release violation hearing. The purpose of the hearing is to determine
whether there is probable cause (through a fact-finding process) to conduct a
final supervised release violation hearing.
The hearing shall be before an impartial hearing examiner appointed by
the department.
B. Prior to initiating a preliminary hearing based upon alleged violations
of release conditions which are a manifestation of the juvenile’s disability,
there must be a written finding that mental health services in the community
that are available and appropriate to deal with the juvenile’s mental
disabilities were ineffective.
C. The department conducts the preliminary supervised release violation
hearing. The juvenile’s JPO provides the
following information to the department’s hearing examiner prior to the
preliminary release violation hearing:
(1) notice of preliminary release violation
hearing;
(2) release violation
report; and
(3) notice of rights.
D. If
there is a finding of probable cause at the preliminary supervised release
violation hearing, a retake warrant is issued.
The juvenile is returned to the facility from which he or she was
released pending the final violation hearing before the panel. The hearing examiner sends the panel a copy
of the supervised release violation report and the testimony, facts and
conclusions, with the retake warrant, within ten days of the preliminary
supervised release violation hearing.
The hearing examiner may make recommendations for the panel’s
consideration at the final violation hearing.
E. If the hearing
examiner does not find probable cause at the preliminary supervised release
violation hearing, the juvenile is released and continues supervised release on
the terms of the release agreement, including any modifications that have been
approved by the panel. A report is
submitted to the panel within ten (10) working days of the preliminary
supervised release violation hearing.
F. Final
supervised release violation hearing.
(1) The final supervised
release violation hearing is conducted by the panel. The panel makes the final determination
whether to continue the supervised release or whether and how to modify the
terms of the supervised release agreement.
(2) A final supervised
release violation hearing will be held within ninety days from the date the
department retakes custody of the juvenile.
The panel can make reasonable exceptions to this rule for good cause.
(3) The panel requests
the New Mexico public defender department to represent the juvenile, unless a
private attorney is secured by the juvenile.
(4) The panel notifies
the juvenile, the juvenile’s parent or guardian, and the juvenile’s attorney of
the hearing date at least ten working days in advance.
(5) The panel may
consider and grant requests for postponement or continuance from the juvenile
or attorney; time limits will be adjusted accordingly.
(6) The juvenile cannot
re-litigate issues determined in the preliminary supervised release violation
hearing.
(7) At the final
supervised release violation hearing, the juvenile is entitled to the
following:
(a)
right to silence;
(b) right to an attorney;
(c)
right to present evidence and witnesses;
(d)
right to confront and cross-examine adverse witnesses (except where the
panel determines, in writing, that the witnesses are in danger of harm or there
is other good cause for not allowing confrontations);
(e)
right to be informed of the evidence against him;
(f)
right to a neutral hearing panel; and
(g)
right to a written statement by the panel of the reasons for revoking
supervised release.
(8) The panel’s
chairperson grants permission to call witnesses not heard at the preliminary
supervised release violation hearing.
Such requests may be made by either the juvenile or by panel members.
(9) The panel’s
chairperson determines the admissibility of evidence. Judicial rules of evidence shall not apply.
(10) All materials
admitted in the preliminary supervised release violation hearing are admitted
at the final violation hearing.
(11) The panel may accept
or reject the hearing examiner’s preliminary revocation recommendations and may
enter any other disposition it deems appropriate.
(12) After the hearing is
concluded, the panel presents its decision to the juvenile, attorney, parents,
guardians or custodians.
(13) If supervised
release is revoked, the juvenile is remanded to the custody of the juvenile
facility.
(14) If the violated
conditions of supervised release resulted from the commission of a new
delinquent offense or criminal act, the juvenile will not be re-scheduled for a
supervised release hearing.
(15) If supervised
release is revoked and the juvenile is re-released in the same action, the
juvenile will be required to abide by all original or modified conditions of
supervised release. This new release
date will be determined by the panel.
The institution shall conduct a re-release orientation.
(16) The final supervised
release violation hearing is electronically recorded.
[8.14.7.14 NMAC - N,
7/16/2009]
8.14.7.15 RELEASE AND FACILITY DISCHARGE
PROCEDURES
A. JPO request
for discharge from supervised release:
If the juvenile’s JPO determines that a juvenile on supervised release
has exhibited behavior that warrants early discharge, and the juvenile is not
in a mandatory supervised release period, the JPO may request early discharge
and prepare a supervision summary report.
Any such report shall be submitted to the panel at least thirty days
prior to the requested early discharge date. The report shall include a detailed
supervision history setting forth the juvenile’s performance on supervised
release, and the reasons why the JPO is recommending early discharge.
B. Facility
request for discharge from commitment.
(1) The facility shall request a discharge
from the facility or department when the juvenile’s commitment is expiring,
whether the juvenile is on supervised release or in the facility. The facility submits a discharge notification
to the panel at least thirty days prior to the juvenile offender’s custody
expiration date.
(2) Facility requests for discharge to take
effect prior to the juvenile offender’s custody expiration date shall be placed
on the regular or special meetings agenda.
C. Types
of discharges. The following types of
discharges may be made:
(1) Administrative discharge: The panel issues an administrative discharge
on the juvenile’s supervised release or commitment expiration date.
(2) Unsatisfactory discharge: The panel issues an unsatisfactory discharge
when and if:
(a) an absconder is over age 18, is a
non-violent offender, three months have elapsed since the original custody
expiration date, and the JPO is recommending a discharge;
(b) the juvenile has been placed on adult
probation;
(c) the juvenile has been sentenced to a new
commitment to a juvenile facility; or
(d) the juvenile has been sentenced to a
commitment to a state or federal prison.
(3) Technical discharge: The panel shall issue a technical discharge
when and if:
(a) the juvenile offender dies;
(b) the juvenile offender has been recommended
for residential treatment pursuant to the Children’s Mental Health and
Developmental Disabilities Act, 1978 NMSA Section 32A-6A-1 et. seq., and it is
expected that he or she will remain so committed until his or her custody
expiration date; or
(c)
the juvenile’s commitment to a department facility is otherwise
completed or terminated through a process other than expiration of the original
term or through an unsatisfactory discharge.
D. The panel
chairperson may grant an administrative discharge, including an unsatisfactory
or technical discharge, without convening a full release panel.
E. Once the panel
determines what type of discharge to issue, a certificate of discharge is given
to the juvenile and a copy inserted into the juvenile’s file. All victim notifications are completed in
accordance with Section 31-26-12 (D) NMSA 1978.
[8.14.7.15 NMAC - N,
7/16/2009]
HISTORY OF 8.14.7 NMAC:
[RESERVED]