New Mexico Statutes 32A-2-5. Juvenile probation and parole services; establishment;
juvenile probation and parole officers; powers and duties.
Terms Used In New Mexico Statutes 32A-2-5
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
A. Juvenile probation and parole services shall be provided by the department.
B. To carry out the objectives and provisions of the Delinquency Act, but subject to its limitations, the department has the power and duty to:
(1) receive and examine complaints and allegations that a child is a delinquent child for the purpose of considering beginning a proceeding pursuant to the provisions of the Delinquency Act;
(2) make case referrals for services as appear appropriate or desirable; (3) make predisposition studies and assessments and submit reports and recommendations to the court;
(4) supervise and assist a child placed on probation or supervised release or under supervision by court order or by the department;
(5) give notice to any individual who has been the subject of a petition filed pursuant to the provisions of the Delinquency Act of the sealing of that individual’s records in accordance with that act;
(6) informally dispose of up to three misdemeanor charges brought against a child within two years;
(7) give notice to the children’s court attorney of the receipt of any felony complaint and of any recommended adjustment of such felony complaint;
(8) identify an Indian child for the purpose of contacting the Indian child’s tribe in delinquency cases; and
(9) upon receipt of a referral, contact an Indian child’s tribe to consult and exchange information for the purpose of collaborating on appropriate referrals for services along with case planning throughout the period of involvement with juvenile justice services.
C. A juvenile probation and parole officer does not have the powers of a law enforcement officer. A juvenile probation and parole officer may take into physical custody and place in detention, subject to application of a detention risk assessment instrument, a child who is under supervision as a delinquent child or as a youthful offender when there is reasonable cause to believe that the child has violated the conditions of the child’s probation or that the child may leave the jurisdiction of the court. Taking a child into custody under this subsection is subject to and shall proceed in accordance with the provisions of the Delinquency Act relating to custody and detention procedures and criteria.