Current through Register Vol. 35, No. 6, March 26, 2024
A. JPO request for discharge from supervised
release: If the juvenile's JPO determines that a juvenile on supervised release
has exhibited behavior that warrants early discharge, and the juvenile is not
in a mandatory supervised release period, the JPO may request early discharge
and prepare a supervision summary report. Any such report shall be submitted to
the panel at least thirty days prior to the requested early discharge date. The
report shall include a detailed supervision history setting forth the
juvenile's performance on supervised release, and the reasons why the JPO is
recommending early discharge.
B.
Facility request for discharge from commitment.
(1) The facility shall request a discharge
from the facility or department when the juvenile's commitment is expiring,
whether the juvenile is on supervised release or in the facility. The facility
submits a discharge notification to the panel at least thirty days prior to the
juvenile offender's custody expiration date.
(2) Facility requests for discharge to take
effect prior to the juvenile offender's custody expiration date shall be placed
on the regular or special meetings agenda.
C. Types of discharges. The following types
of discharges may be made:
(1) Administrative
discharge: The panel issues an administrative discharge on the juvenile's
supervised release or commitment expiration date.
(2) Unsatisfactory discharge: The panel
issues an unsatisfactory discharge when and if:
(a) an absconder is over age 18, is a
non-violent offender, three months have elapsed since the original custody
expiration date, and the JPO is recommending a discharge;
(b) the juvenile has been placed on adult
probation;
(c) the juvenile has
been sentenced to a new commitment to a juvenile facility; or
(d) the juvenile has been sentenced to a
commitment to a state or federal prison.
(3) Technical discharge: The panel shall
issue a technical discharge when and if:
(a)
the juvenile offender dies;
(b) the
juvenile offender has been recommended for residential treatment pursuant to
the Children's Mental Health and Developmental Disabilities Act, 1978 NMSA
Section 32A-6A-1 et. seq., and it is expected that he or she will remain so
committed until his or her custody expiration date; or
(c) the juvenile's commitment to a department
facility is otherwise completed or terminated through a process other than
expiration of the original term or through an unsatisfactory
discharge.
D.
The panel chairperson may grant an administrative discharge, including an
unsatisfactory or technical discharge, without convening a full release
panel.
E. Once the panel determines
what type of discharge to issue, a certificate of discharge is given to the
juvenile and a copy inserted into the juvenile's file. All victim notifications
are completed in accordance with Section 31-26-12(D) NMSA 1978.
