2019 New Mexico Statutes
Chapter 32A - Children's Code
Article 2 - Delinquency
Section 32A-2-5 - Juvenile probation and parole services; establishment; juvenile probation and parole officers; powers and duties.

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.

History: 1978 Comp., § 32A-2-5, enacted by Laws 1993, ch. 77, § 34; 1995, ch. 206, § 11; 2003, ch. 225, § 4; 2009, ch. 239, § 13; 2019, ch. 125, § 2.

The 2019 amendment, effective June 14, 2019, required the children, youth and families department, upon receipt of a referral, to consult and exchange information with an Indian child's tribe throughout the minor's involvement with juvenile justice services; and in Subsection B, deleted former Paragraph B(9) and added a new Paragraph B(9).

The 2009 amendment, effective July 1, 2009, in Subsection B, Paragraph (4), deleted "parole" and added " supervised release", and deleted "juvenile parole board" and added "department".

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 2003 amendment, effective July 1, 2003, in Subsection C, inserted "subject to application of a detention risk assessment instrument" following "place in detention", and inserted "or as a youthful offender" following "a delinquent child".

The 1995 amendment, effective July 1, 1995, in Subsection B, substituted "informally dispose of" for "expunge" in Paragraph (6) and inserted "Indian" preceding "child's" in Paragraph (8), and in Subsection C, deleted "or parole" following "conditions of his probation" in the second sentence.

Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 32-1-7 NMSA 1978 have been included in the annotations to this section.

Authority to petition for parole extension. — Probation officer has authority to petition the court for extension of the period of parole supervision of a child where such action is necessary to safeguard the welfare of the child or the public interest. State v. Doe, 1979-NMCA-024, 92 N.M. 589, 592 P.2d 189.

Juvenile may be taken into custody when a police officer or probation officer believes that the juvenile's surroundings are such as to endanger his (the juvenile's) welfare. 1962 Op. Att'y Gen. No. 62-107 (rendered under prior law).

Police may not "pick up" juvenile probation violators on orders of probation officers. — Municipal police officers may not pick up delinquent children for suspected probation violations pursuant to "pick up" orders issued by juvenile probation officers since such orders are not warrants, directives of a law enforcement official or valid process of the court. 1984 Op. Att'y Gen. No. 84-1.

Not considered policeman for social security coverage. — The primary duties of a probation officer, as evidenced by the enumeration in the statute, are to supervise and attempt to rehabilitate both minor and adult offenders when placed on probation by the court. This is not normally thought to be the duty of a policeman, therefore, a probation officer is not to be considered a policeman for purposes of social security coverage. 1960 Op. Att'y Gen. No. 60-223.

Law reviews. — 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).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Juvenile Courts and Delinquent and Dependent Children § 54 et seq.

43 C.J.S. Infants § 34.