2021 New Mexico Statutes
Article 2 - Delinquency
Section 32A-2-30 - Indigency standard; fee schedule; reimbursement.

A. The court shall use a standard adopted and information provided by the public defender department to determine indigency of children in proceedings on petitions alleging delinquency.
B. The court shall use a fee schedule adopted by the public defender department when appointing attorneys to represent children in proceedings on petitions alleging delinquency.
C. The court shall order reimbursement from the parents or guardians of a child who has received or desires to receive legal representation or another benefit under the Public Defender Act [Chapter 31, Article 15 NMSA 1978] after a determination is made that the child was not indigent according to the standard for indigency of children adopted by the public defender department.
D. Any amounts recovered pursuant to this section shall be paid to the state treasurer for credit to the general fund.
History: 1978 Comp., § 32A-2-30, enacted by Laws 1993, ch. 77, § 59; 2005, ch. 189, § 23.
Cross references. — For defense of indigents, see 31-16-1 to 31-16-10 NMSA 1978.
For form for indigent defense services eligibility determination in children's court, see Rule 10-408 NMRA.
The 2005 amendment, effective June 17, 2005, in Subsection C, deleted "or custodian".

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 32A - Children's Code

Article 2 - Delinquency

Section 32A-2-1 - Short title.

Section 32A-2-2 - Purpose of act.

Section 32A-2-3 - Definitions.

Section 32A-2-4 - Detention facilities; standards; reports; appeals.

Section 32A-2-4.1 - Adult jails and lockups used as temporary holding facilities; reports.

Section 32A-2-5 - Juvenile probation and parole services; establishment; juvenile probation and parole officers; powers and duties.

Section 32A-2-6 - Transfer of jurisdiction over child from other tribunals to court.

Section 32A-2-7 - Complaints; referral; preliminary inquiry; notice; time waiver.

Section 32A-2-8 - Petition; authorization to file.

Section 32A-2-9 - Taking into custody.

Section 32A-2-10 - Release or delivery from custody.

Section 32A-2-11 - Criteria for detention of children.

Section 32A-2-12 - Placement or detention.

Section 32A-2-13 - Detention hearing required on detained children; probable cause determination; court determination; disposition.

Section 32A-2-14 - Basic rights.

Section 32A-2-15 - Time limitations on delinquency adjudicatory hearing.

Section 32A-2-16 - Conduct of hearings; findings; dismissal; dispositional matters; penalty.

Section 32A-2-17 - Predisposition studies; reports and examinations.

Section 32A-2-18 - Judgment; noncriminal nature; nonadmissibility.

Section 32A-2-19 - Disposition of an adjudicated delinquent offender.

Section 32A-2-20 - Disposition of a youthful offender.

Section 32A-2-21 - Disposition of a child with a mental disorder or developmental disability in a delinquency proceeding.

Section 32A-2-22 - Continuance under supervision without judgment; consent decree; disposition.

Section 32A-2-23 - Limitations on dispositional judgments; modification; termination or extension of court orders.

Section 32A-2-23.1 - Release eligibility.

Section 32A-2-23.2 - Release proceedings.

Section 32A-2-24 - Probation revocation; disposition.

Section 32A-2-25 - Parole revocation; procedures.

Section 32A-2-26 - Sealing of records.

Section 32A-2-27 - Injury to person or destruction of property; liability; costs and attorney fees; restitution.

Section 32A-2-28 - Parental responsibility.

Section 32A-2-29 - Motor Vehicle Code violations.

Section 32A-2-30 - Indigency standard; fee schedule; reimbursement.

Section 32A-2-31 - Child adjudicated delinquent; victim restitution; compensation; deductions.

Section 32A-2-32 - Confidentiality; records.

Section 32A-2-32.1 - Information not to be disclosed on a public access web site.

Section 32A-2-33 - Child in possession of a firearm on school premises; detention; hearing.