2019 New Mexico Statutes
Chapter 32A - Children's Code
Article 2 - Delinquency
Section 32A-2-17 - Predisposition studies; reports and examinations.

A. After a petition has been filed and either a finding with respect to the allegations of the petition has been made or a notice of intent to admit the allegations of the petition has been filed, the court may direct that a predisposition study and report to the court be made in writing by the department or an appropriate agency designated by the court concerning the child, the family of the child, the environment of the child and any other matters relevant to the need for treatment or to appropriate disposition of the case. The following predisposition reports shall be provided to the parties and the court five days before actual disposition or sentencing:

(1) the adult probation and parole division of the corrections department shall prepare a predisposition report for a serious youthful offender;

(2) the department shall prepare a predisposition report for a serious youthful offender who is convicted of an offense other than first degree murder;

(3) the department shall prepare a predisposition report for a youthful offender concerning the youthful offender's amenability to treatment and if:

(a) the court determines that a juvenile disposition is appropriate, the department shall prepare a subsequent predisposition report; or

(b) the court makes the findings necessary to impose an adult sentence pursuant to Section 32A-2-20 NMSA 1978, the adult probation and parole division of the corrections department shall prepare a subsequent predisposition report; and

(4) the department shall prepare a predisposition report for a delinquent offender, upon the court's request.

B. Where there are indications that the child may have a mental disorder or developmental disability, the court, on motion by the children's court attorney or that of counsel for the child, may order the child to be examined at a suitable place by a physician or psychiatrist, a licensed psychologist, a licensed professional clinical counselor or a licensed independent social worker prior to a hearing on the merits of the petition. An examination made prior to the hearing or as a part of the predisposition study and report shall be conducted on an outpatient basis, unless the court finds that placement in a hospital or other appropriate facility is necessary.

C. The court, after a hearing, may order examination by a physician or psychiatrist, a licensed psychologist or a licensed professional clinical counselor or a licensed independent social worker of a parent or custodian whose ability to care for or supervise a child is an issue before the court.

D. The court may order that a child adjudicated as a delinquent child be administered a predispositional evaluation by a professional designated by the department for purposes of diagnosis, with direction that the court be given a report indicating what disposition appears most suitable when the interests of the child and the public are considered. The evaluation shall be completed within fifteen days of the court's order and the preference shall be for performing the evaluation in the child's community.

E. If a child is detained for purposes of performing a predispositional evaluation, it shall be completed within fifteen days and in no event shall a child be detained for more than fifteen days within a three-hundred-sixty-five-day period for a predispositional evaluation, unless for good cause shown.

History: 1978 Comp., § 32A-2-17, enacted by Laws 1993, ch. 77, § 46; 1995, ch. 206, § 12; 2005, ch. 189, § 15; 2009, ch. 239, § 19.

The 2009 amendment, effective July 1, 2009, in Subsection B, after "place by a physician", added "or psychiatrist" and after "licensed psychologist", added "a license professional clinical counselor"; in Subsection C, after "examination by a physician", added "or psychiatrist"; and after "psychologist or a licensed", added "professional clinical counselor or a licensed"; in Subsection D, after "delinquent child be", deleted "transferred to the facility designated by the secretary of the department for a period of not more than fifteen days within a three hundred sixty-five day time period"; added "administered a predispositional evaluation by a professional designated by the department"; and added the last sentence; deleted former Subsection E, which provided for a determination of the time when a child who was committed was to be released; and added Subsection E.

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.

The 2005 amendment, effective June 17, 2005, changed "offenders" to the singular case in Subsection A and changed mental disorder and development disability from a state of being to a condition in Subsection B.

The 1995 amendment, effective July 1, 1995, inserted "concerning the youthful offender's amenability to treatment and if" in Paragraph (3) of Subsection A and added Subparagraphs A(3)(a) and A(3)(b).

Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 32-1-32 NMSA 1978 have been included in the annotations to this section.

Procedure to determine amenability to treatment. — The trial court is required to request a report from the children, youth and families department on a youthful offender's amenability to treatment and if the youthful offender is found not to be amenable to treatment, the trial court is required to request a subsequent predisposition report from the department of corrections and conduct a separate sentencing hearing. State v. Jose S., 2007-NMCA-146, 142 N.M. 829, 171 P.3d 768, cert. quashed, 2008-NMCERT-004, 144 N.M. 47, 183 P.3d 932.

Relevancy of predisposition reports. — The court may properly call for information in deciding whether to accept or reject a consent decree or provide for a more favorable disposition of the child, as predisposition reports are relevant in deciding an appropriate disposition of the case, and calling for information on the child's background is consistent with the legislative purpose of providing a "program of supervision, care and rehabilitation." State v. Doe, 1978-NMCA-124, 92 N.M. 354, 588 P.2d 555, cert. denied, 92 N.M. 353, 588 P.2d 554.

Law reviews. — For comment, "The Freedom of the Press vs. The Confidentiality Provisions in the New Mexico Children's Code," see 4 N.M.L. Rev. 119 (1973).

For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976).