A. A child arrested and detained for an alleged delinquent act may be temporarily held in an adult jail or lockup for no longer than six hours. A child who is detained in an adult jail or lockup shall be placed in a setting that is physically segregated by sight and sound from adult offenders. After six hours, the child may be placed or detained pursuant to the provisions of Section 32A-2-12 NMSA 1978.
B. An adult jail or lockup used as a temporary holding facility for alleged delinquent offenders shall file an annual report regarding its compliance with federal requirements. The juvenile justice advisory committee and the department shall determine the format of the annual reports.
History: 1978 Comp., § 32A-2-4.1, as enacted by Laws 2009, ch. 239, § 12.
Effective dates. — Laws 2009, ch. 239, § 72 made this section effective July 1, 2009.
Applicability. — Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.
Structure 2021 New Mexico Statutes
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-2-6 - 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-2-14 - 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-2-22 - Continuance under supervision without judgment; consent decree; disposition.
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-2-28 - 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.