HB 5

                                1  HOUSE BILL 5
                                2      57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Janelle Anyanonu and Sarah Silva and Art De La Cruz
                                5  and Charlotte Little
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO CHILDREN; REQUIRING VALIDATION OF AND REPORTING ON
                                12   A DETENTION RISK ASSESSMENT INSTRUMENT; PROVIDING FOR THE
                                13   ISSUANCE OF A WARRANT AND A TOLL OF TIME OF SUPERVISED RELEASE
                                14   FOR A DELINQUENT CHILD WHO HAS ABSCONDED FROM THE SUPERVISED
                                15   RELEASE TERM; RENAMING AND AMENDING THE JUVENILE COMMUNITY
                                16   CORRECTIONS ACT; PROVIDING FOR GRANTS FOR PROGRAMS THAT PROVIDE
[bracketed material] = delete
                                17   SERVICES FOR ADJUDICATED DELINQUENTS, CHILDREN OR YOUTH;
underscored material = new
                                18   ESTABLISHING A LOCAL PANEL TO DETERMINE THE NEXT STEPS OF A
                                19   DELINQUENT CHILD SENTENCED TO A JUVENILE FACILITY; PROVIDING
                                20   FOR CONSIDERATION OF AVAILABLE SERVICES AND PROGRAMS FOR THE
                                21   WELL-BEING OF THE DELINQUENT CHILD.
                                22
                                23   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                24        SECTION 1.   Section 32A-2-11 NMSA 1978 (being Laws 1993,
                                25   Chapter 77, Section 40, as amended) is amended to read:
                                     .233271.2
                                1  "32A-2-11. CRITERIA FOR DETENTION OF CHILDREN.--
                                2  A.   Unless otherwise ordered by [the] a court
                                3    pursuant to [the provisions of] the Delinquency Act, a child
                                4    taken into custody for an alleged delinquent act [shall not be
                                5    placed in detention unless] may be detained only in accordance
                                6    with Section 32A-2-10 NMSA 1978 and only if a detention risk
                                7    assessment [instrument] is completed and a determination is
                                8    made that the child:
                                9  (1)   poses a substantial risk of harm to
                                10   [himself] the child's self;
                                11  (2)   poses a substantial risk of harm to
                                12   others; or
                                13  (3)   has demonstrated that [he] the child may
                                14   leave the jurisdiction of the court.
                                15  B.   The [criteria for detention in] provisions of
                                16   Subsection A of this section [shall govern the decisions of]
[bracketed material] = delete
                                17   apply to all persons responsible for determining whether
underscored material = new
                                18   [detention is appropriate prior] to detain a child before a
                                19   detention hearing [based upon review of the detention risk
                                20   assessment instrument] is held.
                                21  C.   The department shall develop, validate and
                                22   implement an instrument to conduct a detention risk assessment
                                23   [instrument].     The department shall collect and analyze data
                                24   regarding the application [of the detention risk assessment
                                25   instrument. On January 1, 2004, the department shall provide
                                     .233271.2
                                                                     - 2 -
                                1    the legislature with a written report with respect to its
                                2    collection and analysis of data regarding the application of
                                3    the detention risk assessment instrument] and effectiveness of
                                4    the instrument every three years and update the instrument
                                5    based on the data.
                                6  D.   On or before September 1 of each year, the
                                7    department shall provide to the legislature a written report on
                                8    the application and effectiveness of the instrument used to
                                9    conduct a detention risk assessment.    If applicable, the report
                                10   shall explain the validation of the instrument and updates made
                                11   to the instrument."
                                12        SECTION 2.    Section 32A-2-25 NMSA 1978 (being Laws 1993,
                                13   Chapter 77, Section 54, as amended) is amended to read:
                                14        "32A-2-25.    [PAROLE] REVOCATION OF SUPERVISED RELEASE--
                                15   PROCEDURES.--
                                16  A.   [A child on parole from an agency that has legal
[bracketed material] = delete
                                17   custody who violates a term of parole may be proceeded against
underscored material = new
                                18   in a parole revocation proceeding conducted by the department
                                19   or the supervising agency or by a hearing officer contracted by
                                20   the department who is neutral to the child and the agency in
                                21   accordance with procedures established by the department in
                                22   cooperation with the juvenile parole board] If an adjudicated
                                23   delinquent child violates a condition of the child's supervised
                                24   release, the department may propose revocation of the
                                25   supervised release.    If the department proposes revocation, the
                                     .233271.2
                                                                    - 3 -
                                1    department shall conduct a revocation hearing that is presided
                                2    over by the department or a neutral hearing officer contracted
                                3    by the department.    A child may waive the right to a revocation
                                4    hearing after consultation with the child's attorney, parent,
                                5    guardian or custodian.
                                6  B.   A juvenile probation [and parole] officer may
                                7    detain a child on [parole status who is alleged to have]
                                8    supervised release if the officer has probable cause to believe
                                9    that the child violated a [term or] condition of [parole] the
                                10   supervised release.    A child detained pursuant to this
                                11   subsection shall remain in detention until the completion [and
                                12   review of a preliminary parole] of the revocation hearing.       [A
                                13   child may waive the right to a preliminary parole revocation
                                14   hearing after consultation with the child's attorney, parent,
                                15   guardian or custodian.
                                16  B.   If a retake warrant is issued by the department
[bracketed material] = delete
                                17   upon the completion of the preliminary parole revocation
underscored material = new
                                18   hearing, the juvenile institution to which the warrant is
                                19   issued shall promptly transport the child to that institution
                                20   at the expense of the department.]
                                21  C.   If a child's supervised release is revoked, the
                                22   department shall issue a notice of revocation to a juvenile
                                23   corrections facility.    Upon receiving the notice, the facility
                                24   shall immediately take custody of the child for the remainder
                                25   of the commitment.
                                     .233271.2
                                                                    - 4 -
                                1  D.   If a child absconds from [parole supervision]
                                2    supervised release and is apprehended in another state after
                                3    the issuance of a [retake] warrant by a court or a notice of
                                4    revocation by the department, the [juvenile justice division of
                                5    the] department shall [cause] provide for the return of the
                                6    child [to this state] at the expense of the department.
                                7  E.   The issuance of a warrant upon an allegation
                                8    that a child has absconded from supervised release shall toll
                                9    the supervised release period.    After a hearing upon a child's
                                10   return or quashing of the warrant, if the court finds that the
                                11   child knowingly and willfully absconded from supervised
                                12   release, the time from the date of the violation to the date of
                                13   the child's arrest or quashing of the warrant shall not be
                                14   counted as time served on supervised release and the tolled
                                15   time shall be added to the supervised release term."
                                16        SECTION 3.    Section 33-9A-1 NMSA 1978 (being Laws 1988,
[bracketed material] = delete
                                17   Chapter 101, Section 39, as amended) is amended to read:
underscored material = new
                                18        "33-9A-1.    SHORT TITLE.--Chapter 33, Article 9A NMSA 1978
                                19   may be cited as the "Juvenile Community [Corrections]
                                20   Connections Act"."
                                21        SECTION 4.    Section 33-9A-2 NMSA 1978 (being Laws 1988,
                                22   Chapter 101, Section 40, as amended) is amended to read:
                                23        "33-9A-2.    DEFINITIONS.--As used in the Juvenile Community
                                24   [Corrections] Connections Act:
                                25  A.   "child" means a person who is younger than
                                     .233271.2
                                                                    - 5 -
                                1    eighteen years of age;
                                2  [A.] B.    "delinquent child" means a child who has
                                3    been adjudicated for a delinquent act pursuant to the
                                4    Children's Code;
                                5  [B.] C.    "department" means the children, youth and
                                6    families department;
                                7  [C.] D.    "fund" means the juvenile community
                                8    [corrections] connections grant fund;
                                9  [D.] E.    "secretary" means the secretary of
                                10   children, youth and families; [and
                                11  E.] F.    "volunteer services" means services provided
                                12   by individuals or organizations without compensation,
                                13   reimbursement or award of any kind;
                                14  G.   "youth" means a person who is eighteen years of
                                15   age or older but younger than twenty-six years of age; and
                                16  H.   "youthful offender" means a youthful offender as
[bracketed material] = delete
                                17   defined by Subsection J of Section 32A-2-3 NMSA 1978 who is
underscored material = new
                                18   subject to juvenile sanctions and does not include a delinquent
                                19   child subject to adult sanctions."
                                20        SECTION 5.      Section 33-9A-3 NMSA 1978 (being Laws 1988,
                                21   Chapter 101, Section 41, as amended) is amended to read:
                                22        "33-9A-3.     JUVENILE COMMUNITY [CORRECTIONS] CONNECTIONS
                                23   GRANT FUND CREATED--PURPOSE--ADMINISTRATION--REPORT.--
                                24  A.   There is created in the state treasury the
                                25   "juvenile community [corrections] connections grant fund" to be
                                     .233271.2
                                                                     - 6 -
                                1    administered by the department.    All balances in the fund are
                                2    appropriated to the department to carry out the purposes of the
                                3    fund, and no money shall be transferred to another fund or be
                                4    encumbered or disbursed in any manner except as provided in the
                                5    Juvenile Community [Corrections] Connections Act.
                                6    Disbursements from the fund shall be made only upon warrant
                                7    drawn by the secretary of finance and administration pursuant
                                8    to vouchers signed by the secretary of children, youth and
                                9    families.
                                10  B.   Money in the fund shall be used by the
                                11   department to make grants to counties, municipalities or
                                12   private organizations, individually or jointly, to provide
                                13   community [corrections] programs and services for the diversion
                                14   of [adjudicated delinquents] delinquent children or youthful
                                15   offenders subject to juvenile sanctions or children or youth
                                16   referred by the department to community-based settings.    No
[bracketed material] = delete
                                17   grant shall be made to a private organization that is not a
underscored material = new
                                18   nonprofit organization without the approval of the secretary.
                                19   The department [may] shall also use money in the fund to
                                20   contract directly for or operate [juvenile community
                                21   corrections] programs that provide services for delinquent
                                22   children or youthful offenders subject to juvenile sanctions or
                                23   children or youth referred for services by the department.
                                24  C.   No more than [ten] twelve percent of the money
                                25   in the fund shall be used by the department for administration
                                     .233271.2
                                                                    - 7 -
                                1    and program monitoring by the department.     No more than [ten]
                                2    twelve percent of any grant from the fund shall be used for
                                3    administrative costs incurred by the grantee.
                                4  D.   After notice and public hearing as required by
                                5    law, the secretary shall adopt [regulations] rules that provide
                                6    standards for qualifications for grants, priorities for
                                7    awarding of grants and other standards regarding [juvenile
                                8    community corrections] programs [deemed necessary] for eligible
                                9    delinquent children or youthful offenders; provided that, at
                                10   minimum, eligible programs or services shall be evidence- or
                                11   research-based.    The department shall review and approve or
                                12   disapprove all applications submitted pursuant to the Juvenile
                                13   Community [Corrections] Connections Act for a grant of funds
                                14   from the fund.
                                15  E.   The department shall submit an annual report to
                                16   the governor and legislature not later than December 15
[bracketed material] = delete
                                17   providing information on grant awards, program effectiveness
underscored material = new
                                18   and monitoring efforts and making recommendations as necessary
                                19   to carry out the purpose of the fund.
                                20  F.   The department may accept donations, payments,
                                21   contributions, gifts or grants from whatever source for the
                                22   benefit of the fund."
                                23        SECTION 6.    Section 33-9A-4 NMSA 1978 (being Laws 1988,
                                24   Chapter 101, Section 42, as amended) is amended to read:
                                25        "33-9A-4.    APPLICATIONS--CRITERIA.--
                                     .233271.2
                                                                    - 8 -
                                1  A.   Counties, municipalities or private
                                2    organizations, individually or jointly, may apply for grants
                                3    from the fund, including grants for counties or municipalities
                                4    to purchase contractual services from private organizations;
                                5    provided that:
                                6  (1)   the application is for funding a program
                                7    [with priority use being for delinquents selected pursuant to
                                8    the provisions of Section 33-9A-5 NMSA 1978] that provides
                                9    prevention, intervention or diversion services to delinquent
                                10   children or youthful offenders subject to juvenile sanctions or
                                11   children or youth referred for services by the department;
                                12  (2)   the applicant certifies that [it] the
                                13   applicant is willing and able to operate the program according
                                14   to standards provided by the department, which may include the
                                15   negotiation of a [contract] program agreement or service
                                16   agreement between the [delinquent] child or youth and program
[bracketed material] = delete
                                17   staff with provisions such as deductions from employment income
underscored material = new
                                18   for applicable victim restitution, family support, room and
                                19   board, savings and weekly allowance.    In addition to monetary
                                20   restitution, to the extent practical, or if monetary
                                21   restitution is not applicable, the [contract] program agreement
                                22   or service agreement may include provision for community
                                23   service restitution for a specific number of hours;
                                24  (3)   the applicant demonstrates the support of
                                25   key components of [the criminal justice system] prevention,
                                     .233271.2
                                                                    - 9 -
                                1    intervention and diversion;
                                2  (4)    the applicant, if a private organization,
                                3    demonstrates the support of the county and municipality where
                                4    the program will provide services;
                                5  (5)    the applicant certifies that it will
                                6    utilize volunteer services as an integral portion of the
                                7    program to the maximum extent feasible; and
                                8  (6)    no class A county alone or in conjunction
                                9    with any municipality within a class A county shall receive
                                10   more than forty-nine percent of any money appropriated to the
                                11   fund.
                                12  B.   The award of grants to applicants shall be
                                13   prioritized as follows:
                                14  (1)    programs focused on:
                                15  (a)   decreasing violence, gun violence,
                                16   alcohol and substance abuse, gang activity, criminal mentality
[bracketed material] = delete
                                17   and trauma; and
underscored material = new
                                18  (b)   improving mental health and anger
                                19   management;
                                20  (2)    programs focused on education, literacy,
                                21   financial literacy, job training, apprenticeships, food justice
                                22   and housing; and
                                23  (3)    programs focused on arts, performing arts,
                                24   sports, music, debate and leadership.
                                25  [B.] C.      Notwithstanding the provisions of
                                     .233271.2
                                                                      - 10 -
                                1    Subsection A of this section, the department [may] shall
                                2    utilize the fund to place individuals eligible, or within
                                3    twelve months of eligibility, for [parole] supervised release
                                4    in community-based settings.    The department shall evaluate the
                                5    totality of the circumstances unique to the eligible individual
                                6    to determine what available services are most likely to support
                                7    the individual while on supervised release and may, in its
                                8    discretion, require participation [by a delinquent] in a
                                9    program as a condition of supervised release.
                                10  [C.] D.   The department may utilize not more than
                                11   twenty-five percent of the fund [to contract directly for
                                12   community corrections programs] for a program agreement or
                                13   service agreement that provides services for delinquent
                                14   children or youthful offenders subject to juvenile sanctions or
                                15   children or youth referred for services by the department or to
                                16   establish programs operated by the department; provided,
[bracketed material] = delete
                                17   however, that the department may utilize up to an additional
underscored material = new
                                18   ten percent of the fund to operate [juvenile community
                                19   corrections] programs that provide services for delinquent
                                20   children or youthful offenders subject to juvenile sanctions or
                                21   children or youth referred by the department if, after a
                                22   reasonable effort to solicit proposals, there are no
                                23   satisfactory proposals from a community where it is determined
                                24   that a program is necessary or if it becomes necessary to
                                25   cancel a program as provided in the contract.
                                     .233271.2
                                                                    - 11 -
                                1  [D.] E.     The department shall establish additional
                                2    guidelines for allocation of funds under the Juvenile Community
                                3    [Corrections] Connections Act.      An applicant that receives a
                                4    grant shall retain the authority to accept or reject the
                                5    placement of [any delinquent] a child or youth in a program
                                6    operated by the department."
                                7  SECTION 7.    Section 33-9A-5 NMSA 1978 (being Laws 1988,
                                8    Chapter 101, Section 43, as amended) is amended to read:
                                9  "33-9A-5.    SELECTION PANELS.--
                                10  A.   [The department shall establish a state panel] A
                                11   county, municipality or private organization, individually or
                                12   jointly, may establish a local panel whose duties shall be to
                                13   immediately screen and identify delinquents sentenced to a
                                14   juvenile [correctional] facility of the department and
                                15   transferred to the legal custody of the department.      [except
                                16   individuals who are sentenced or transferred from a judicial
[bracketed material] = delete
                                17   district that has established a local panel to exercise these
underscored material = new
                                18   duties pursuant to the provisions of this section and who meet
                                19   the following criteria:
                                20  (1)    the offense involved is one for which
                                21   community service or reasonable restitution may be made using a
                                22   payment schedule compatible with the total amount of
                                23   restitution to be paid and the time the offender is to
                                24   participate in a program; and
                                25  (2)    the child is willing to enter into a
                                     .233271.2
                                                                     - 12 -
                                1    contract that establishes objectives that shall be achieved
                                2    before release from the program] The composition of a local
                                3    panel shall include representatives from the judiciary, the
                                4    public defender department or the public defender department's
                                5    designee, the district attorney or the district attorney's
                                6    designee, the local schools, the department, the county sheriff
                                7    or the municipal police department, individuals representing
                                8    local programs and private citizens.
                                9  B.    The department may establish criteria [in
                                10   addition to those established in Subsection A of this section]
                                11   for the screening of delinquents who would benefit from
                                12   participation in a program and who would not pose a threat to
                                13   the community.
                                14  C.    If the [state] local panel determines that a
                                15   child is suitable for placement in a program, a recommendation
                                16   to that effect and for modification of disposition shall be
[bracketed material] = delete
                                17   presented as soon as possible to the sentencing judge or the
underscored material = new
                                18   department, which may, notwithstanding any provision of law,
                                19   accept, modify or reject the recommendation.      The determination
                                20   shall be presented to the county, municipality or private
                                21   nonprofit organization, as applicable, for approval or
                                22   rejection.
                                23  [D.    A county, municipality or private nonprofit
                                24   organization, individually or jointly, may establish a local
                                25   panel to exercise the duties and responsibilities of the state
                                     .233271.2
                                                                     - 13 -
                                1    panel pursuant to the provisions of Subsection A of this
                                2    section and, using the same criteria as the state panel, the
                                3    local panel may screen and identify delinquents.     The
                                4    composition of a local panel shall include, to the maximum
                                5    extent possible, representatives of the judiciary, the
                                6    administrative office of the district attorneys, the public
                                7    defender department, the children, youth and families
                                8    department, the county sheriff or the municipal police
                                9    department, individuals representing local programs and private
                                10   citizens.]"
                                11        SECTION 8.    Section 33-9A-6 NMSA 1978 (being Laws 1988,
                                12   Chapter 101, Section 44) is amended to read:
                                13        "33-9A-6.    SENTENCING--SERVICES AND PROGRAMS.--
                                14  A.   In every case where the commitment to the
                                15   authority of a child adjudicated delinquent is contemplated by
                                16   a judge, a predisposition report shall be prepared containing
[bracketed material] = delete
                                17   the recommendation of the juvenile probation officer regarding
underscored material = new
                                18   a community corrections placement or a diagnostic evaluation
                                19   shall be completed by the authority containing the
                                20   recommendation of the authority regarding that placement and
                                21   the judge shall consider that report or evaluation prior to
                                22   making that commitment.    A juvenile probation officer shall
                                23   consult with the authority prior to making a recommendation
                                24   pursuant to this subsection.
                                25  B.   At a sentencing hearing, if a judge of a court
                                     .233271.2
                                                                    - 14 -
                                1    of competent jurisdiction determines placement in community
                                2    corrections is appropriate, [he] the judge shall defer or
                                3    suspend the sentence and, as a condition of probation, require
                                4    [an individual] the child to serve a period of time in a
                                5    community corrections program.     The judge shall consider
                                6    whether the available services and program participation will
                                7    support the child during probation.     After considering the
                                8    totality of the circumstances, the judge may order services or
                                9    program participation as a condition of probation if such an
                                10   order is likely to reduce recidivism, support the mental health
                                11   of the child or encourage education, job training and financial
                                12   literacy."
                                13        SECTION 9.     Section 41-4-3 NMSA 1978 (being Laws 1976,
                                14   Chapter 58, Section 3, as amended) is amended to read:
                                15        "41-4-3.     DEFINITIONS.--As used in the Tort Claims Act:
                                16  A.   "board" means the risk management advisory
[bracketed material] = delete
                                17   board;
underscored material = new
                                18  B.   "governmental entity" means the state or any
                                19   local public body as defined in Subsections C and H of this
                                20   section;
                                21  C.   "local public body" means all political
                                22   subdivisions of the state and their agencies, instrumentalities
                                23   and institutions and all water and natural gas associations
                                24   organized pursuant to Chapter 3, Article 28 NMSA 1978;
                                25  D.   "law enforcement officer" means a full-time
                                     .233271.2
                                                                    - 15 -
                                1    salaried public employee of a governmental entity, or a
                                2    certified part-time salaried police officer employed by a
                                3    governmental entity, whose principal duties under law are to
                                4    hold in custody any person accused of a criminal offense, to
                                5    maintain public order or to make arrests for crimes, or members
                                6    of the national guard when called to active duty by the
                                7    governor;
                                8  E.   "maintenance" does not include:
                                9  (1)   conduct involved in the issuance of a
                                10   permit, driver's license or other official authorization to use
                                11   the roads or highways of the state in a particular manner; or
                                12  (2)   an activity or event relating to a public
                                13   building or public housing project that was not foreseeable;
                                14  F.   "public employee" means an officer, employee or
                                15   servant of a governmental entity, excluding independent
                                16   contractors except for individuals defined in Paragraphs (7),
[bracketed material] = delete
                                17   (8), (10), (14) and (17) of this subsection, or of a
underscored material = new
                                18   corporation organized pursuant to the Educational Assistance
                                19   Act, the Small Business Investment Act or the Mortgage Finance
                                20   Authority Act or a licensed health care provider, who has no
                                21   medical liability insurance, providing voluntary services as
                                22   defined in Paragraph (16) of this subsection and including:
                                23  (1)   elected or appointed officials;
                                24  (2)   law enforcement officers;
                                25  (3)   persons acting on behalf or in service of
                                     .233271.2
                                                                    - 16 -
                                1    a governmental entity in any official capacity, whether with or
                                2    without compensation;
                                3  (4)    licensed foster parents providing care for
                                4    children in the custody of the [human services department,
                                5    corrections department or department of health] state, but not
                                6    including foster parents certified by a licensed child
                                7    placement agency;
                                8  (5)    members of state or local selection panels
                                9    established pursuant to the Adult Community Corrections Act;
                                10  (6)    members of state or local selection panels
                                11   established pursuant to the Juvenile Community [Corrections]
                                12   Connections Act;
                                13  (7)    licensed medical, psychological or dental
                                14   arts practitioners providing services to the corrections
                                15   department pursuant to contract;
                                16  (8)    members of the board of directors of the
[bracketed material] = delete
                                17   New Mexico medical insurance pool;
underscored material = new
                                18  (9)    individuals who are members of medical
                                19   review boards, committees or panels established by the
                                20   educational retirement board or the retirement board of the
                                21   public employees retirement association;
                                22  (10)   licensed medical, psychological or dental
                                23   arts practitioners providing services to the children, youth
                                24   and families department pursuant to contract;
                                25  (11)   members of the board of directors of the
                                     .233271.2
                                                                      - 17 -
                                1    New Mexico educational assistance foundation;
                                2  (12)   members of the board of directors of the
                                3    New Mexico student loan guarantee corporation;
                                4  (13)   members of the New Mexico mortgage
                                5    finance authority;
                                6  (14)   volunteers, employees and board members
                                7    of court-appointed special advocate programs;
                                8  (15)   members of the board of directors of the
                                9    small business investment corporation;
                                10  (16)   health care providers licensed in New
                                11   Mexico who render voluntary health care services without
                                12   compensation in accordance with rules promulgated by the
                                13   secretary of health.      The rules shall include requirements for
                                14   the types of locations at which the services are rendered, the
                                15   allowed scope of practice and measures to ensure quality of
                                16   care;
[bracketed material] = delete
                                17  (17)   an individual while participating in the
underscored material = new
                                18   state's adaptive driving program and only while using a
                                19   special-use state vehicle for evaluation and training purposes
                                20   in that program;
                                21  (18)   the staff and members of the board of
                                22   directors of the New Mexico health insurance exchange
                                23   established pursuant to the New Mexico Health Insurance
                                24   Exchange Act; and
                                25  (19)   members of the insurance nominating
                                     .233271.2
                                                                     - 18 -
                                1    committee;
                                2  G.   "scope of duty" means performing any duties that
                                3    a public employee is requested, required or authorized to
                                4    perform by the governmental entity, regardless of the time and
                                5    place of performance; and
                                6  H.   "state" or "state agency" means the state of New
                                7    Mexico or any of its branches, agencies, departments, boards,
                                8    instrumentalities or institutions."
                                9  SECTION 10.     Section 41-13-2 NMSA 1978 (being Laws 1999,
                                10   Chapter 268, Section 3) is amended to read:
                                11        "41-13-2.     DEFINITIONS.--As used in the Governmental
                                12   Immunity Act:
                                13  A.   "employment" includes services provided by an
                                14   immune contractor;
                                15  B.   "governmental entity" means the state or a local
                                16   public body;
[bracketed material] = delete
                                17  C.   "immune contractor" means a person that:
underscored material = new
                                18  (1)   is an independent contractor; [and]
                                19  (2)   contracts with a governmental entity to
                                20   provide:
                                21  (a)   care for children in the custody of
                                22   the [human services department, corrections department or
                                23   department of health] state, as a licensed foster parent,
                                24   excluding foster parents certified by a licensed child
                                25   placement agency; or
                                     .233271.2
                                                                     - 19 -
                                1  (b)   services to the children, youth and
                                2    families department or the corrections department as a licensed
                                3    medical, psychological or dental arts practitioner;
                                4  (3)   is a member of:
                                5  (a)   a state or local selection panel
                                6    established pursuant to the Juvenile Community [Corrections]
                                7    Connections Act;
                                8  (b)   a state or local selection panel
                                9    established pursuant to the Adult Community Corrections Act;
                                10  (c)   the board of directors of the New
                                11   Mexico [comprehensive health] medical insurance pool;
                                12  (d)   a medical review board, a committee
                                13   or panel established by the educational retirement board or the
                                14   retirement board of the public employees retirement
                                15   association;
                                16  (e)   the board of directors of the New
[bracketed material] = delete
                                17   Mexico educational assistance foundation; or
underscored material = new
                                18  (f)   the board of directors of the New
                                19   Mexico student loan guarantee corporation; or
                                20  (4)   is a volunteer, employee or board member
                                21   of a court-created special advocate program;
                                22  D.   "local public body" means a political
                                23   subdivision of the state and its agencies, instrumentalities
                                24   and institutions and a water and natural gas association
                                25   organized pursuant to Chapter 3, Article 28 NMSA 1978;
                                     .233271.2
                                                                     - 20 -
                                1  E.   "public employee" means a natural person that is
                                2    an officer or employee of a governmental entity; and
                                3  F.   "state" means the state of New Mexico or any of
                                4    its branches, agencies, departments, boards, instrumentalities
                                5    or institutions."
                                6  - 21 -
                                7
                                8
                                9
                                10
                                11
                                12
                                13
                                14
                                15
                                16
[bracketed material] = delete
                                17
underscored material = new
                                18
                                19
                                20
                                21
                                22
                                23
                                24
                                25
                                     .233271.2