Current through Register Vol. 35, No. 6, March 26, 2024
A. Preliminary supervised release violation
hearing. The purpose of the hearing is to determine whether there is probable
cause (through a fact-finding process) to conduct a final supervised release
violation hearing. The hearing shall be before an impartial hearing examiner
appointed by the department.
B.
Prior to initiating a preliminary hearing based upon alleged violations of
release conditions which are a manifestation of the juvenile's disability,
there must be 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.
C.
The department conducts the preliminary supervised release violation hearing.
The juvenile's JPO provides the following information to the department's
hearing examiner prior to the preliminary release violation hearing:
(1) notice of preliminary release violation
hearing;
(2) release violation
report; and
(3) notice of
rights.
D. If there is a
finding of probable cause at the preliminary supervised release violation
hearing, a retake warrant is issued. The juvenile is returned to the facility
from which he or she was released pending the final violation hearing before
the panel. The hearing examiner sends the panel a copy of the supervised
release violation report and the testimony, facts and conclusions, with the
retake warrant, within ten days of the preliminary supervised release violation
hearing. The hearing examiner may make recommendations for the panel's
consideration at the final violation hearing.
E. If the hearing examiner does not find
probable cause at the preliminary supervised release violation hearing, the
juvenile is released and continues supervised release on the terms of the
release agreement, including any modifications that have been approved by the
panel. A report is submitted to the panel within ten (10) working days of the
preliminary supervised release violation hearing.
F. Final supervised release violation
hearing.
(1) The final supervised release
violation hearing is conducted by the panel. The panel makes the final
determination whether to continue the supervised release or whether and how to
modify the terms of the supervised release agreement.
(2) A final supervised release violation
hearing will be held within ninety days from the date the department retakes
custody of the juvenile. The panel can make reasonable exceptions to this rule
for good cause.
(3) The panel
requests the New Mexico public defender department to represent the juvenile,
unless a private attorney is secured by the juvenile.
(4) The panel notifies the juvenile, the
juvenile's parent or guardian, and the juvenile's attorney of the hearing date
at least ten working days in advance.
(5) The panel may consider and grant requests
for postponement or continuance from the juvenile or attorney; time limits will
be adjusted accordingly.
(6) The
juvenile cannot re-litigate issues determined in the preliminary supervised
release violation hearing.
(7) At
the final supervised release violation hearing, the juvenile is entitled to the
following:
(a) right to silence;
(b) right to an attorney;
(c) right to present evidence and
witnesses;
(d) right to confront
and cross-examine adverse witnesses (except where the panel determines, in
writing, that the witnesses are in danger of harm or there is other good cause
for not allowing confrontations);
(e) right to be informed of the evidence
against him;
(f) right to a neutral
hearing panel; and
(g) right to a
written statement by the panel of the reasons for revoking supervised
release.
(8) The panel's
chairperson grants permission to call witnesses not heard at the preliminary
supervised release violation hearing. Such requests may be made by either the
juvenile or by panel members.
(9)
The panel's chairperson determines the admissibility of evidence. Judicial
rules of evidence shall not apply.
(10) All materials admitted in the
preliminary supervised release violation hearing are admitted at the final
violation hearing.
(11) The panel
may accept or reject the hearing examiner's preliminary revocation
recommendations and may enter any other disposition it deems
appropriate.
(12) After the hearing
is concluded, the panel presents its decision to the juvenile, attorney,
parents, guardians or custodians.
(13) If supervised release is revoked, the
juvenile is remanded to the custody of the juvenile facility.
(14) If the violated conditions of supervised
release resulted from the commission of a new delinquent offense or criminal
act, the juvenile will not be re-scheduled for a supervised release
hearing.
(15) If supervised release
is revoked and the juvenile is re-released in the same action, the juvenile
will be required to abide by all original or modified conditions of supervised
release. This new release date will be determined by the panel. The institution
shall conduct a re-release orientation.
(16) The final supervised release violation
hearing is electronically recorded.
