SB 147

                                1  SENATE BILL 147
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Antonio Maestas
                                5
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO JUVENILE COMMUNITY CORRECTIONS; AMENDING THE
                                12   JUVENILE COMMUNITY CORRECTIONS ACT; PROVIDING THAT MONEY IN THE
                                13   JUVENILE COMMUNITY CORRECTIONS GRANT FUND MAY BE USED TO
                                14   OPERATE PROGRAMS THAT PROVIDE SERVICES FOR ADJUDICATED
                                15   DELINQUENTS OR CHILDREN OR YOUTH; MAKING CONFORMING AMENDMENTS;
                                16   REPEALING SECTION 33-9A-5 NMSA 1978 (BEING LAWS 1988, CHAPTER
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                                17   101, SECTION 43, AS AMENDED).
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                                18
                                19   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                20        SECTION 1.    Section 33-9A-2 NMSA 1978 (being Laws 1988,
                                21   Chapter 101, Section 40, as amended) is amended to read:
                                22        "33-9A-2.     DEFINITIONS.--As used in the Juvenile Community
                                23   Corrections Act:
                                24  A.   "child" means a person who is younger than
                                25   eighteen years of age;
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                                1  [A.] B.    "delinquent" means a child adjudicated
                                2    delinquent pursuant to the Children's Code;
                                3  [B.] C.    "department" means the children, youth and
                                4    families department;
                                5  [C.] D.    "fund" means the juvenile community
                                6    corrections grant fund;
                                7  [D.] E.    "secretary" means the secretary of
                                8    children, youth and families; [and
                                9  E.] F.    "volunteer services" means services provided
                                10   by individuals or organizations without compensation,
                                11   reimbursement or award of any type; and
                                12  G.   "youth" means a person who is eighteen years of
                                13   age or older but younger than twenty-two years of age."
                                14        SECTION 2.      Section 33-9A-3 NMSA 1978 (being Laws 1988,
                                15   Chapter 101, Section 41, as amended) is amended to read:
                                16        "33-9A-3.    JUVENILE COMMUNITY CORRECTIONS GRANT FUND
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                                17   CREATED--PURPOSE--ADMINISTRATION--REPORT.--
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                                18  A.   There is created in the state treasury the
                                19   "juvenile community corrections grant fund" to be administered
                                20   by the department.     All balances in the fund are appropriated
                                21   to the department to carry out the purposes of the fund, and no
                                22   money shall be transferred to another fund or be encumbered or
                                23   disbursed in any manner except as provided in the Juvenile
                                24   Community Corrections Act.     Disbursements from the fund shall
                                25   be made only upon warrant drawn by the secretary of finance and
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                                1    administration pursuant to vouchers signed by the secretary of
                                2    children, youth and families.
                                3  B.   Money in the fund shall be used by the
                                4    department to make grants to counties, municipalities or
                                5    private organizations, individually or jointly, to provide
                                6    community corrections programs and services for the diversion
                                7    of adjudicated delinquents or children or youth referred for
                                8    services by the department to community-based settings.     No
                                9    grant shall be made to a private organization that is not a
                                10   nonprofit organization without the approval of the secretary.
                                11   The department may also use money in the fund to contract
                                12   directly for or operate juvenile community corrections programs
                                13   that provide services for adjudicated delinquents or children
                                14   or youth referred for services by the department.
                                15  C.   No more than [ten] twelve percent of the money
                                16   in the fund shall be used by the department for administration
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                                17   and program monitoring by the department.    No more than [ten]
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                                18   twelve percent of any grant from the fund shall be used for
                                19   administrative costs incurred by the grantee.
                                20  D.   After notice and public hearing as required by
                                21   law, the secretary shall adopt [regulations] rules that provide
                                22   standards for qualifications for grants, priorities for
                                23   awarding of grants and other standards regarding juvenile
                                24   community corrections programs [deemed necessary] that provide
                                25   services for adjudicated delinquents or children or youth
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                                1    referred for services by the department.      The department shall
                                2    review and approve or disapprove all applications submitted
                                3    pursuant to the Juvenile Community Corrections Act for a grant
                                4    of funds from the fund.
                                5  E.   The department shall submit an annual report to
                                6    the governor and legislature not later than December 15
                                7    providing information on grant awards, program effectiveness
                                8    and monitoring efforts and making recommendations as necessary
                                9    to carry out the purpose of the fund.
                                10  F.   The department may accept donations, payments,
                                11   contributions, gifts or grants from whatever source for the
                                12   benefit of the fund."
                                13        SECTION 3.    Section 33-9A-4 NMSA 1978 (being Laws 1988,
                                14   Chapter 101, Section 42, as amended) is amended to read:
                                15        "33-9A-4.    APPLICATIONS--CRITERIA.--
                                16  A.   Counties, municipalities or private
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                                17   organizations, individually or jointly, may apply for grants
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                                18   from the fund, including grants for counties or municipalities
                                19   to purchase contractual services from private organizations;
                                20   provided that:
                                21  (1)   the application is for funding a program
                                22   with priority use being for adjudicated delinquents [selected
                                23   pursuant to the provisions of Section 33-9A-5 NMSA 1978] or
                                24   children or youth to provide prevention, intervention and
                                25   diversion services;
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                                1  (2)   the applicant certifies that [it] the
                                2    applicant is willing and able to operate the program according
                                3    to standards provided by the department [which may include the
                                4    negotiation of a contract between the delinquent and program
                                5    staff with provisions such as deductions from employment income
                                6    for applicable victim restitution, family support, room and
                                7    board, savings and weekly allowance.    In addition to monetary
                                8    restitution, to the extent practical, or if monetary
                                9    restitution is not applicable, the contract may include
                                10   provision for community service restitution for a specific
                                11   number of hours];
                                12  (3)   the applicant demonstrates the support of
                                13   key components of [the criminal justice system] prevention,
                                14   intervention and diversion;
                                15  (4)   the applicant, if a private organization,
                                16   demonstrates the support of the county and municipality where
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                                17   the program will provide services;
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                                18  (5)   the applicant certifies that it will
                                19   utilize volunteer services as an integral portion of the
                                20   program to the maximum extent feasible; and
                                21  (6)   no class A county alone or in conjunction
                                22   with any municipality within a class A county shall receive
                                23   more than forty-nine percent of any money appropriated to the
                                24   fund.
                                25  B.   Notwithstanding the provisions of Subsection A
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                                1    of this section, the department may utilize the fund to place
                                2    individuals eligible, or within twelve months of eligibility,
                                3    for [parole] supervised release in community-based settings.
                                4    The department may, in its discretion, require participation by
                                5    a delinquent in a program as a condition of supervised release.
                                6  C.   The department may utilize not more than twenty-
                                7    five percent of the fund to contract directly for community
                                8    corrections programs for a program agreement or service
                                9    agreement that provides services for adjudicated delinquents or
                                10   children or youth referred for services by the department or to
                                11   establish programs operated by the department; provided,
                                12   however, that the department may utilize up to an additional
                                13   ten percent of the fund to operate juvenile community
                                14   corrections programs that provide services for adjudicated
                                15   delinquents or children or youth referred for services by the
                                16   department if, after a reasonable effort to solicit proposals,
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                                17   there are no satisfactory proposals from a community where it
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                                18   is determined that a program is necessary or if it becomes
                                19   necessary to cancel a program as provided in the contract.
                                20  D.   The department shall establish additional
                                21   guidelines for allocation of funds under the Juvenile Community
                                22   Corrections Act.    An applicant shall retain the authority to
                                23   accept or reject the placement of [any] an adjudicated
                                24   delinquent or a child or youth in a program."
                                25        SECTION 4.    Section 41-4-3 NMSA 1978 (being Laws 1976,
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                                1    Chapter 58, Section 3, as amended) is amended to read:
                                2  "41-4-3.    DEFINITIONS.--As used in the Tort Claims Act:
                                3  A.   "board" means the risk management advisory
                                4    board;
                                5  B.   "governmental entity" means the state or any
                                6    local public body as defined in Subsections C and H of this
                                7    section;
                                8  C.   "local public body" means all political
                                9    subdivisions of the state and their agencies, instrumentalities
                                10   and institutions and all water and natural gas associations
                                11   organized pursuant to Chapter 3, Article 28 NMSA 1978;
                                12  D.   "law enforcement officer" means a full-time
                                13   salaried public employee of a governmental entity, or a
                                14   certified part-time salaried police officer employed by a
                                15   governmental entity, whose principal duties under law are to
                                16   hold in custody any person accused of a criminal offense, to
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                                17   maintain public order or to make arrests for crimes, or members
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                                18   of the national guard when called to active duty by the
                                19   governor;
                                20  E.   "maintenance" does not include:
                                21  (1)   conduct involved in the issuance of a
                                22   permit, driver's license or other official authorization to use
                                23   the roads or highways of the state in a particular manner; or
                                24  (2)   an activity or event relating to a public
                                25   building or public housing project that was not foreseeable;
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                                1  F.   "public employee" means an officer, employee or
                                2    servant of a governmental entity, excluding independent
                                3    contractors except for individuals defined in Paragraphs [(7),
                                4    (8), (10), (14) and (17)] (6), (7), (9), (13) and (16) of this
                                5    subsection, or of a corporation organized pursuant to the
                                6    Educational Assistance Act, the Small Business Investment Act
                                7    or the Mortgage Finance Authority Act or a licensed health care
                                8    provider, who has no medical liability insurance, providing
                                9    voluntary services as defined in Paragraph [(16)] (15) of this
                                10   subsection and including:
                                11  (1)    elected or appointed officials;
                                12  (2)    law enforcement officers;
                                13  (3)    persons acting on behalf or in service of
                                14   a governmental entity in any official capacity, whether with or
                                15   without compensation;
                                16  (4)    licensed foster parents providing care for
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                                17   children in the custody of the [human services department,
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                                18   corrections department or department of health] state, but not
                                19   including foster parents certified by a licensed child
                                20   placement agency;
                                21  (5)    members of state or local selection panels
                                22   established pursuant to the Adult Community Corrections Act;
                                23  [(6)   members of state or local selection
                                24   panels established pursuant to the Juvenile Community
                                25   Corrections Act;
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                                1  (7)] (6)    licensed medical, psychological or
                                2    dental arts practitioners providing services to the corrections
                                3    department pursuant to contract;
                                4  [(8)] (7)    members of the board of directors of
                                5    the New Mexico medical insurance pool;
                                6  [(9)] (8)    individuals who are members of
                                7    medical review boards, committees or panels established by the
                                8    educational retirement board or the retirement board of the
                                9    public employees retirement association;
                                10  [(10)] (9)    licensed medical, psychological or
                                11   dental arts practitioners providing services to the children,
                                12   youth and families department pursuant to contract;
                                13  [(11)] (10)    members of the board of directors
                                14   of the New Mexico educational assistance foundation;
                                15  [(12)] (11)    members of the board of directors
                                16   of the New Mexico student loan guarantee corporation;
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                                17  [(13)] (12)    members of the New Mexico mortgage
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                                18   finance authority;
                                19  [(14)] (13)    volunteers, employees and board
                                20   members of court-appointed special advocate programs;
                                21  [(15)] (14)    members of the board of directors
                                22   of the small business investment corporation;
                                23  [(16)] (15)    health care providers licensed in
                                24   New Mexico who render voluntary health care services without
                                25   compensation in accordance with rules promulgated by the
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                                1    secretary of health.       The rules shall include requirements for
                                2    the types of locations at which the services are rendered, the
                                3    allowed scope of practice and measures to ensure quality of
                                4    care;
                                5  [(17)] (16)   an individual while participating
                                6    in the state's adaptive driving program and only while using a
                                7    special-use state vehicle for evaluation and training purposes
                                8    in that program;
                                9  [(18)] (17)   the staff and members of the board
                                10   of directors of the New Mexico health insurance exchange
                                11   established pursuant to the New Mexico Health Insurance
                                12   Exchange Act; and
                                13  [(19)] (18)   members of the insurance
                                14   nominating committee;
                                15  G.     "scope of duty" means performing any duties that
                                16   a public employee is requested, required or authorized to
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                                17   perform by the governmental entity, regardless of the time and
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                                18   place of performance; and
                                19  H.     "state" or "state agency" means the state of New
                                20   Mexico or any of its branches, agencies, departments, boards,
                                21   instrumentalities or institutions."
                                22  SECTION 5.    Section 41-13-2 NMSA 1978 (being Laws 1999,
                                23   Chapter 268, Section 3) is amended to read:
                                24  "41-13-2.    DEFINITIONS.--As used in the Governmental
                                25   Immunity Act:
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                                1  A.   "employment" includes services provided by an
                                2    immune contractor;
                                3  B.   "governmental entity" means the state or a local
                                4    public body;
                                5  C.   "immune contractor" means a person that:
                                6  (1)   is an independent contractor; and
                                7  (2)   contracts with a governmental entity to
                                8    provide:
                                9  (a)    care for children in the custody of
                                10   the [human services department, corrections department or
                                11   department of health] state, as a licensed foster parent,
                                12   excluding foster parents certified by a licensed child
                                13   placement agency; or
                                14  (b)    services to the children, youth and
                                15   families department or the corrections department as a licensed
                                16   medical, psychological or dental arts practitioner;
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                                17  (3)   is a member of:
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                                18  [(a)   a state or local selection panel
                                19   established pursuant to the Juvenile Community Corrections Act;
                                20  (b)] (a)    a state or local selection
                                21   panel established pursuant to the Adult Community Corrections
                                22   Act;
                                23  [(c)] (b)    the board of directors of the
                                24   New Mexico [comprehensive health] medical insurance pool;
                                25  [(d)] (c)    a medical review board, a
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                                1    committee or panel established by the educational retirement
                                2    board or the retirement board of the public employees
                                3    retirement association;
                                4  [(e)] (d)   the board of directors of the
                                5    New Mexico educational assistance foundation; or
                                6  [(f)] (e)   the board of directors of the
                                7    New Mexico student loan guarantee corporation; or
                                8  (4)   is a volunteer, employee or board member
                                9    of a court-created special advocate program;
                                10  D.   "local public body" means a political
                                11   subdivision of the state and its agencies, instrumentalities
                                12   and institutions and a water and natural gas association
                                13   organized pursuant to Chapter 3, Article 28 NMSA 1978;
                                14  E.   "public employee" means a natural person that is
                                15   an officer or employee of a governmental entity; and
                                16  F.   "state" means the state of New Mexico or any of
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                                17   its branches, agencies, departments, boards, instrumentalities
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                                18   or institutions."
                                19        SECTION 6.     REPEAL.--Section 33-9A-5 NMSA 1978 (being Laws
                                20   1988, Chapter 101, Section 43, as amended) is repealed.
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