New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 14 - JUVENILE JUSTICE
Part 7 - SUPERVISED RELEASE AND DISCHARGE
Section 8.14.7.7 - DEFINITIONS
Current through Register Vol. 35, No. 18, September 24, 2024
A. Absconder refers to a client on probation or supervised release who leaves the jurisdiction without permission, or an escapee or runaway from a placement.
B. Aftercare refers to supervised release case management provided to clients released from juvenile justice facilities and treatment programs.
C. Arrest warrant refers to a warrant issued from district court ordering that a client be taken into custody.
D. Board means the juvenile public safety advisory board whose members are appointed pursuant to the Juvenile Public Safety Advisory Board Act, 1978 NMSA Sections 32A-7A-1 to 32A-7A-8.
E. Classification officer refers to a department employee who provides direct case management and client advocacy throughout the client's commitment. The classification officer provides assessment of the client's risk, needs and strengths by which the multi-disciplinary team will assign appropriate placement.
F. Client family baseline assessment refers to a written report by a juvenile probation officer that identifies the client's delinquent history and the strengths and needs of the client and family.
G. Delinquent act refers to an act committed by a juvenile that would be designated as a crime under the law if committed by an adult.
H. Department means the children, youth, and families department.
I. Detention refers to the temporary care of juveniles alleged to be delinquent who require secure custody in a facility certified for that purpose by the department (Section 32A-2-4 NMSA 1978).
J. Facility refers to a facility operated by, or on behalf of, CYFD's juvenile justice services for purposes of housing and providing care for clients committed to the custody of CYFD.
K. Facility release panel (panel) is the departmental secretary-designated releasing authority that considers juveniles for supervised release.
L. Facility transition coordinator (FTC) means a department employee who works with the client and the client's multi-disciplinary team, juvenile probation officer, classification officer, and regional transition coordinator to coordinate the client's care while in the facility and ensures that the required tasks of the client's supervised release or extension track are occurring in a timely manner.
M. Final supervised release violation hearing means a proceeding conducted by the department or its designated hearing officer, for the purpose of determining whether to revoke supervised release.
N. Home study means an assessment of the living environment where the juvenile offender may reside during the term of supervised release; the assessment is conducted by the department; specific strengths and weaknesses of the living environment are identified through the home study process.
O. JJS is juvenile justice services, a division of the children, youth and families department.
P. JPO is a juvenile probation officer.
Q. Juvenile public safety advisory board (JPSAB) will advise the department on release decisions and make recommendations regarding programs and facilities.
R. Juvenile offender means an individual committed to the custody of the department pursuant to the Delinquency Act, 1978 NMSA Section 32A-2-1 through 32A-2-32; the term "juvenile offender" in this regulation includes those individuals who are committed as youthful offenders or up to age 21.
S. Multi-disciplinary team (MDT) refers to the team that meets at the facility to develop, monitor, and revise client plans for placement and services. The team includes the client and family member(s), and behavioral health, education, medical, a security representative, the juvenile probation officer and a transition coordinator if assigned.
T. Plan of care (POC) refers to the plan developed at the first multidisciplinary team (MDT) meeting following placement at the facility and reviewed and updated at each subsequent MDT. The plan included goals and objectives in all disciplines and is broadly available to all staff with client contact.
U. Probation refers to a court-ordered sanction and disposition which places an adjudicated client under the supervision and care of a juvenile probation officer.
V. Regional transition coordinator (RTC) means a department employee whose duties may include coordination of community and aftercare services for a client.
W. Release agreement means the document stating the conditions of supervised release as established by the panel. The juvenile is required to agree in writing to the agreement conditions as a prerequisite to being placed on supervised release status.
X. Release consideration meeting means a proceeding conducted by the panel for purposes of deciding whether to grant, deny, defer or revoke supervised release.
Y. Retake warrant refers to the document issued by the department, directed to law enforcement and department staff to detain a client alleged to have violated conditions of supervised release, and return the client to a secure facility.
Z. Secretary means the secretary of the children, youth and families department.
AA. Supervised release refers to the release of a juvenile, whose term of commitment has not expired, from a facility for the care and rehabilitation of adjudicated delinquent children, with specified conditions to protect public safety and promote successful transition and reintegration into the community. A juvenile on supervised release is subject to monitoring by the department until the term of commitment has expired, and may be returned to custody for violating conditions of release.
BB. Supervised release plan means the department's recommendation for the conditions the juvenile offender should be required to fulfill if released, and presents workable methods of dealing with the juvenile offender's problems and needs through community intervention.
CC. Supervised release recommendation report is the report prepared by the FTC/designee to inform the panel of the juvenile's progress while committed and readiness for release through summaries of all the disciplines in the juvenile's plan of care and the plan for the juvenile if he or she is granted supervised release.
DD. Victim notification means notification to the district attorney of each district in the state of any supervised release of juvenile offenders pursuant to Section 31-26-12 NMSA 1978.