SB 305

                                1  SENATE BILL 305
                                2      57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Linda M. López
                                5
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO JUVENILE COMMUNITY CORRECTIONS; AMENDING AND
                                12   RENAMING THE JUVENILE COMMUNITY CORRECTIONS ACT; PROVIDING THAT
                                13   MONEY IN THE JUVENILE COMMUNITY CORRECTIONS GRANT FUND MAY BE
                                14   USED TO OPERATE PROGRAMS THAT PROVIDE SERVICES FOR CHILDREN,
                                15   YOUTH OR ADJUDICATED DELINQUENTS REFERRED TO THE DEPARTMENT;
                                16   MAKING CONFORMING AMENDMENTS.
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                                18   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                19        SECTION 1.   Section 33-9A-1 NMSA 1978 (being Laws 1988,
                                20   Chapter 101, Section 39, as amended) is amended to read:
                                21        "33-9A-1.    SHORT TITLE.--Chapter 33, Article 9A NMSA 1978
                                22   may be cited as the "Juvenile Community [Corrections]
                                23   Connections Act"."
                                24        SECTION 2.   Section 33-9A-2 NMSA 1978 (being Laws 1988,
                                25   Chapter 101, Section 40, as amended) is amended to read:
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                                1  "33-9A-2.    DEFINITIONS.--As used in the Juvenile Community
                                2    [Corrections] Connections Act:
                                3  A.   "child" means a person who is younger than
                                4    eighteen years of age;
                                5  [A.] B.    "delinquent" means a child adjudicated
                                6    delinquent pursuant to the Children's Code;
                                7  [B.] C.    "department" means the children, youth and
                                8    families department;
                                9  [C.] D.    "fund" means the juvenile community
                                10   [corrections] connections grant fund;
                                11  E.   "research-based interventions and risk reduction
                                12   services" means services that demonstrate effectiveness at
                                13   reducing involvement in the criminal or juvenile justice
                                14   system, increase school attendance, reduce trauma and include
                                15   referrals of high-risk children and youth into programs based
                                16   on best practices in the youth intervention service fields;
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                                17  [D.] F.    "secretary" means the secretary of
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                                18   children, youth and families; [and
                                19  E.] G.    "volunteer services" means services provided
                                20   by individuals or organizations without compensation,
                                21   reimbursement or award of any type; and
                                22  H.   "youth" means a person between eighteen and
                                23   twenty-two years of age."
                                24        SECTION 3.      Section 33-9A-3 NMSA 1978 (being Laws 1988,
                                25   Chapter 101, Section 41, as amended) is amended to read:
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                                1  "33-9A-3.    JUVENILE COMMUNITY [CORRECTIONS] CONNECTIONS
                                2    GRANT FUND CREATED--PURPOSE--ADMINISTRATION--REPORT.--
                                3  A.   There is created in the state treasury the
                                4    "juvenile community [corrections] connections grant fund" to be
                                5    administered by the department.    All balances in the fund are
                                6    appropriated to the department to carry out the purposes of the
                                7    fund, and no money shall be transferred to another fund or be
                                8    encumbered or disbursed in any manner except as provided in the
                                9    Juvenile Community [Corrections] Connections Act.
                                10   Disbursements from the fund shall be made only upon warrant
                                11   drawn by the secretary of finance and administration pursuant
                                12   to vouchers signed by the secretary of children, youth and
                                13   families.
                                14  B.   Money in the fund shall be used by the
                                15   department to make grants to counties, municipalities or
                                16   private organizations, individually or jointly, to provide
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                                17   community [corrections] programs and services for [the
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                                18   diversion of] adjudicated delinquents [to community-based
                                19   settings] or children or youth referred to juvenile justice
                                20   services for committing a delinquent act.    No grant shall be
                                21   made to a private organization that is not a nonprofit
                                22   organization without the approval of the secretary.       The
                                23   department may also use money in the fund to contract directly
                                24   for or operate [juvenile community corrections] programs that
                                25   provide services for adjudicated delinquents or children or
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                                1    youth referred to juvenile justice services for committing a
                                2    delinquent act.
                                3  C.   No more than [ten] twelve percent of the money
                                4    in the fund shall be used by the department for administration
                                5    and program monitoring by the department.    No more than [ten]
                                6    twelve percent of any grant from the fund shall be used for
                                7    administrative costs incurred by the grantee.
                                8  D.   After notice and public hearing as required by
                                9    law, the secretary shall adopt [regulations] rules that provide
                                10   standards for qualifications for grants, priorities for
                                11   awarding of grants and other standards regarding [juvenile
                                12   community corrections] programs [deemed necessary] that provide
                                13   research-based interventions and risk deduction services for
                                14   adjudicated delinquents or children or youth referred to
                                15   juvenile justice services for committing a delinquent act.     The
                                16   department shall review and approve or disapprove all
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                                17   applications submitted pursuant to the Juvenile Community
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                                18   [Corrections] Connections Act for a grant of funds from the
                                19   fund.
                                20  E.   The department shall submit an annual report to
                                21   the governor and legislature not later than December 15
                                22   providing information on grant awards, program participation,
                                23   program completion, program outcomes and effectiveness and
                                24   monitoring efforts and making recommendations as necessary to
                                25   carry out the purpose of the fund.
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                                1  F.   The department may accept donations, payments,
                                2    contributions, gifts or grants from whatever source for the
                                3    benefit of the fund."
                                4  SECTION 4.    Section 33-9A-4 NMSA 1978 (being Laws 1988,
                                5    Chapter 101, Section 42, as amended) is amended to read:
                                6  "33-9A-4.    APPLICATIONS--CRITERIA.--
                                7  A.   Counties, municipalities or private
                                8    organizations, individually or jointly, may apply for grants
                                9    from the fund, including grants for counties or municipalities
                                10   to purchase contractual services from private organizations;
                                11   provided that:
                                12  (1)   the application is for funding a program
                                13   with priority use being for [delinquents selected pursuant to
                                14   the provisions of Section 33-9A-5 NMSA 1978] adjudicated
                                15   delinquents or children and youth referred to juvenile services
                                16   for committing a delinquent act to provide research-based
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                                17   interventions and risk reduction services;
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                                18  (2)   the applicant certifies that [it] the
                                19   applicant is willing and able to operate the program according
                                20   to standards provided by the department, which may include the
                                21   negotiation of a [contract] program agreement or service
                                22   agreement between the [delinquent] child or youth and program
                                23   staff with provisions such as deductions from employment income
                                24   for applicable victim restitution, family support, room and
                                25   board, savings and weekly allowance.    In addition to monetary
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                                1    restitution, to the extent practical, or if monetary
                                2    restitution is not applicable, the [contract] program agreement
                                3    or service agreement may include provision for community
                                4    service restitution for a specific number of hours;
                                5  (3)   the applicant demonstrates the support of
                                6    key components of the [criminal justice system] research-based
                                7    intervention and risk reduction programs for children and
                                8    youth;
                                9  (4)   the applicant, if a private organization,
                                10   demonstrates the support of the county and municipality where
                                11   the program will provide services;
                                12  (5)   the applicant certifies that it will
                                13   utilize volunteer services as an integral portion of the
                                14   program to the maximum extent feasible; and
                                15  (6)   no class A county alone or in conjunction
                                16   with any municipality within a class A county shall receive
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                                17   more than forty-nine percent of any money appropriated to the
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                                18   fund.
                                19  B.   Notwithstanding the provisions of Subsection A
                                20   of this section, the department may utilize the fund to place
                                21   individuals eligible, or within twelve months of eligibility,
                                22   for [parole] supervised release in community-based settings.
                                23   The department may, in its discretion, require participation by
                                24   a delinquent in a program as a condition of supervised release.
                                25  C.   The department may utilize not more than twenty-
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                                1    five percent of the fund [to contract directly for community
                                2    corrections programs] for a program agreement or service
                                3    agreement that provides services for adjudicated delinquents or
                                4    children and youth referred to juvenile justice services for
                                5    committing a delinquent act or to establish programs operated
                                6    by the department; provided, however, that the department may
                                7    utilize up to an additional ten percent of the fund to operate
                                8    [juvenile community corrections] programs that provide services
                                9    for adjudicated delinquents or children and youth referred to
                                10   juvenile justice services for committing a delinquent act if,
                                11   after a reasonable effort to solicit proposals, there are no
                                12   satisfactory proposals from a community where it is determined
                                13   that a program is necessary or if it becomes necessary to
                                14   cancel a program as provided in the contract.
                                15  D.   The department shall establish additional
                                16   guidelines for allocation of funds under the Juvenile Community
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                                17   [Corrections] Connections Act.    An applicant shall retain the
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                                18   authority to accept or reject the placement of [any delinquent]
                                19   a child or youth in a program."
                                20        SECTION 5.    Section 33-9A-5 NMSA 1978 (being Laws 1988,
                                21   Chapter 101, Section 43, as amended) is amended to read:
                                22        "33-9A-5.    SELECTION PANELS.--
                                23  A.   [The department shall establish a state panel] A
                                24   county, municipality or private organization, individually or
                                25   jointly, may establish the local panel whose duties shall be to
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                                1    immediately screen and identify delinquents sentenced to a
                                2    juvenile [correctional] facility of the department.    [and
                                3    transferred to the legal custody of the department, except
                                4    individuals who are sentenced or transferred from a judicial
                                5    district that has established a local panel to exercise these
                                6    duties pursuant to the provisions of this section and who meet
                                7    the following criteria:
                                8  (1)   the offense involved is one for which
                                9    community service or reasonable restitution may be made using a
                                10   payment schedule compatible with the total amount of
                                11   restitution to be paid and the time the offender is to
                                12   participate in a program; and
                                13  (2)   the child is willing to enter into a
                                14   contract that establishes objectives that shall be achieved
                                15   before release from the program] The composition of a local
                                16   panel shall include representatives from the judiciary, local
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                                17   schools, the department, the county sheriff or the municipal
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                                18   police department, individuals representing local programs and
                                19   private citizens.
                                20  B.   The department [may] shall establish criteria
                                21   [in addition to those established in Subsection A of this
                                22   section] for the screening of adjudicated delinquents who would
                                23   benefit from participation in a program and who would not pose
                                24   a threat to the community.
                                25  C.   If the [state] local panel determines that a
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                                1    child is suitable for placement in a program, a recommendation
                                2    to that effect and for modification of disposition shall be
                                3    presented as soon as possible to the sentencing judge or the
                                4    department, which may, notwithstanding any provision of law,
                                5    accept, modify or reject the recommendation.      The determination
                                6    shall be presented to the county, municipality or private
                                7    nonprofit organization, as applicable, for approval or
                                8    rejection.
                                9  [D.    A county, municipality or private nonprofit
                                10   organization, individually or jointly, may establish a local
                                11   panel to exercise the duties and responsibilities of the state
                                12   panel pursuant to the provisions of Subsection A of this
                                13   section and, using the same criteria as the state panel, the
                                14   local panel may screen and identify delinquents.      The
                                15   composition of a local panel shall include, to the maximum
                                16   extent possible, representatives of the judiciary, the
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                                17   administrative office of the district attorneys, the public
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                                18   defender department, the children, youth and families
                                19   department, the county sheriff or the municipal police
                                20   department, individuals representing local programs and private
                                21   citizens.]"
                                22        SECTION 6.      Section 41-4-3 NMSA 1978 (being Laws 1976,
                                23   Chapter 58, Section 3, as amended) is amended to read:
                                24        "41-4-3.      DEFINITIONS.--As used in the Tort Claims Act:
                                25  A.    "board" means the risk management advisory
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                                1    board;
                                2  B.   "governmental entity" means the state or any
                                3    local public body as defined in Subsections C and H of this
                                4    section;
                                5  C.   "local public body" means all political
                                6    subdivisions of the state and their agencies, instrumentalities
                                7    and institutions and all water and natural gas associations
                                8    organized pursuant to Chapter 3, Article 28 NMSA 1978;
                                9  D.   "law enforcement officer" means a full-time
                                10   salaried public employee of a governmental entity, or a
                                11   certified part-time salaried police officer employed by a
                                12   governmental entity, whose principal duties under law are to
                                13   hold in custody any person accused of a criminal offense, to
                                14   maintain public order or to make arrests for crimes, or members
                                15   of the national guard when called to active duty by the
                                16   governor;
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                                17  E.   "maintenance" does not include:
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                                18  (1)   conduct involved in the issuance of a
                                19   permit, driver's license or other official authorization to use
                                20   the roads or highways of the state in a particular manner; or
                                21  (2)   an activity or event relating to a public
                                22   building or public housing project that was not foreseeable;
                                23  F.   "public employee" means an officer, employee or
                                24   servant of a governmental entity, excluding independent
                                25   contractors except for individuals defined in Paragraphs (7),
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                                1    (8), (10), (14) and (17) of this subsection, or of a
                                2    corporation organized pursuant to the Educational Assistance
                                3    Act, the Small Business Investment Act or the Mortgage Finance
                                4    Authority Act or a licensed health care provider, who has no
                                5    medical liability insurance, providing voluntary services as
                                6    defined in Paragraph (16) of this subsection and including:
                                7  (1)   elected or appointed officials;
                                8  (2)   law enforcement officers;
                                9  (3)   persons acting on behalf or in service of
                                10   a governmental entity in any official capacity, whether with or
                                11   without compensation;
                                12  (4)   licensed foster parents providing care for
                                13   children in the custody of the [human services department,
                                14   corrections department or department of health] state, but not
                                15   including foster parents certified by a licensed child
                                16   placement agency;
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                                17  (5)   members of state or local selection panels
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                                18   established pursuant to the Adult Community Corrections Act;
                                19  (6)   members of state or local selection panels
                                20   established pursuant to the Juvenile Community [Corrections]
                                21   Connections Act;
                                22  (7)   licensed medical, psychological or dental
                                23   arts practitioners providing services to the corrections
                                24   department pursuant to contract;
                                25  (8)   members of the board of directors of the
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                                1    New Mexico medical insurance pool;
                                2  (9)    individuals who are members of medical
                                3    review boards, committees or panels established by the
                                4    educational retirement board or the retirement board of the
                                5    public employees retirement association;
                                6  (10)   licensed medical, psychological or dental
                                7    arts practitioners providing services to the children, youth
                                8    and families department pursuant to contract;
                                9  (11)   members of the board of directors of the
                                10   New Mexico educational assistance foundation;
                                11  (12)   members of the board of directors of the
                                12   New Mexico student loan guarantee corporation;
                                13  (13)   members of the New Mexico mortgage
                                14   finance authority;
                                15  (14)   volunteers, employees and board members
                                16   of court-appointed special advocate programs;
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                                17  (15)   members of the board of directors of the
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                                18   small business investment corporation;
                                19  (16)   health care providers licensed in New
                                20   Mexico who render voluntary health care services without
                                21   compensation in accordance with rules promulgated by the
                                22   secretary of health.   The rules shall include requirements for
                                23   the types of locations at which the services are rendered, the
                                24   allowed scope of practice and measures to ensure quality of
                                25   care;
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                                1  (17)   an individual while participating in the
                                2    state's adaptive driving program and only while using a
                                3    special-use state vehicle for evaluation and training purposes
                                4    in that program;
                                5  (18)   the staff and members of the board of
                                6    directors of the New Mexico health insurance exchange
                                7    established pursuant to the New Mexico Health Insurance
                                8    Exchange Act; and
                                9  (19)   members of the insurance nominating
                                10   committee;
                                11  G.   "scope of duty" means performing any duties that
                                12   a public employee is requested, required or authorized to
                                13   perform by the governmental entity, regardless of the time and
                                14   place of performance; and
                                15  H.   "state" or "state agency" means the state of New
                                16   Mexico or any of its branches, agencies, departments, boards,
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                                17   instrumentalities or institutions."
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                                18        SECTION 7.     Section 41-13-2 NMSA 1978 (being Laws 1999,
                                19   Chapter 268, Section 3) is amended to read:
                                20        "41-13-2.     DEFINITIONS.--As used in the Governmental
                                21   Immunity Act:
                                22  A.   "employment" includes services provided by an
                                23   immune contractor;
                                24  B.   "governmental entity" means the state or a local
                                25   public body;
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                                1  C.   "immune contractor" means a person that:
                                2  (1)   is an independent contractor; [and]
                                3  (2)   contracts with a governmental entity to
                                4    provide:
                                5  (a)   care for children in the custody of
                                6    the [human services department, corrections department or
                                7    department of health] state, as a licensed foster parent,
                                8    excluding foster parents certified by a licensed child
                                9    placement agency; or
                                10  (b)   services to the children, youth and
                                11   families department or the corrections department as a licensed
                                12   medical, psychological or dental arts practitioner;
                                13  (3)   is a member of:
                                14  (a)   a state or local selection panel
                                15   established pursuant to the Juvenile Community [Corrections]
                                16   Connections Act;
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                                17  (b)   a state or local selection panel
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                                18   established pursuant to the Adult Community Corrections Act;
                                19  (c)   the board of directors of the New
                                20   Mexico [comprehensive health] medical insurance pool;
                                21  (d)   a medical review board, a committee
                                22   or panel established by the educational retirement board or the
                                23   retirement board of the public employees retirement
                                24   association;
                                25  (e)   the board of directors of the New
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                                1    Mexico educational assistance foundation; or
                                2  (f)   the board of directors of the New
                                3    Mexico student loan guarantee corporation; or
                                4  (4)   is a volunteer, employee or board member
                                5    of a court-created special advocate program;
                                6  D.   "local public body" means a political
                                7    subdivision of the state and its agencies, instrumentalities
                                8    and institutions and a water and natural gas association
                                9    organized pursuant to Chapter 3, Article 28 NMSA 1978;
                                10  E.   "public employee" means a natural person that is
                                11   an officer or employee of a governmental entity; and
                                12  F.   "state" means the state of New Mexico or any of
                                13   its branches, agencies, departments, boards, instrumentalities
                                14   or institutions."
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