New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 14 - JUVENILE JUSTICE
Part 2 - PROBATION AND AFTERCARE SERVICES
Section 8.14.2.16 - PROBATION OR SUPERVISED RELEASE REVOCATION

A. Clients alleged to have violated the conditions of supervision may be placed in detention, provided the detention screening tool so indicates and the criteria for detention in state statute are met.

B. Staff investigates arrests, complaints, and alleged violations of conditions of supervision.

C. Staff make and document recommendations to the district attorney/children's court attorney, department, and the court to revoke the client's probation or supervised release when the client has failed to comply with any part of the probation or supervised release agreement and it is in the best interest of the client's rehabilitation and the public safety to do so.

D. Staff utilize community resources and intervention measures before recommending out of home placements.

E. Staff aid in the location and recovery of absconders by initiating arrest or retake warrants, and notifying law enforcement authorities of the possible locations of absconders.

F. A recovered absconder who has not committed a new delinquent act, and who is not viewed as a danger to the community may be restored to active supervision.

G. When a client violates supervised release conditions, a preliminary supervised release revocation hearing is conducted by YFS, unless the client waives his/her right to the hearing. The hearing officer records and prepares a written summary of the major issues, findings and decisions of that hearing. The summary is provided to clients and the facility release panel.

H. Prior to initiating a preliminary hearing based upon alleged violations of supervised release conditions which are a manifestation of the juvenile's disability, the JPO makes a written finding that mental health services in the community that are available and appropriate to deal with the juvenile's mental disabilities were ineffective.