New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.18 - JUVENILE RIGHTS AND RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The center shall have written policies and
				procedures stating that juveniles are not subject to discrimination based on
				race, color, national origin, religion, sex (including pregnancy and
				childbirth) mental or physical disability, genetic information, marital status,
				sexual orientation, gender identity, serious medical condition, domestic abuse
				reporting status, and citizenship.
B. Any juvenile who is not a delinquent
				offender, but who is abused or neglected, and juveniles charged with status
				offenses, shall not be held in the center (exception: out-of-state runaways,
				mandated by state and federal laws as provided in an ICJ).
C. The center shall have written policies and
				procedures requiring equal access to programs and services for male and female
				juveniles.
D. The center shall have
				written policies and procedures requiring that supervision of juveniles be
				provided by trained staff, contractors, or volunteers.
E. A written grievance procedure shall be
				explained and made available to all juveniles. It must allow for at least one
				timely level of appeal. Release of a juvenile is not a remedy.
F. The center shall have written policies and
				procedures that provide for review of all disciplinary hearings and
				dispositions by the center administrator or designee.
G. The center shall have written policies and
				procedures that provide when a juvenile is charged with a rules violation that
				they are given a written copy of the alleged violation within 24 hours of the
				discovery of the violation.
H. The
				center shall have written policies and procedures that provide when a juvenile
				is charged with rule violations that they are scheduled for and receive a
				hearing within 72 hours of the incident. The center administrator may postpone
				a hearing for good cause.
I. The
				center shall have written policies and procedures that provide juveniles
				charged with rule violations are present at the hearing, unless they waive that
				right in writing or through unsafe behavior. Juveniles may be excluded during
				the testimony of anyone whose testimony must be given in confidence. The reason
				for the juvenile's absence or exclusion is documented.
J. The center shall have written policies and
				procedures that provide disciplinary hearings are conducted by an impartial
				person or panel trained in center policies and procedures. The staff charging
				the juvenile cannot serve as the hearing officer. The following is included in
				each disciplinary hearing:
(1) a record of the
				disciplinary hearing and a copy of the written decision is given to the
				juvenile with an explanation of the right to appeal;
(2) the juvenile may appeal a decision of the
				disciplinary hearing officer(s) to the administrator or higher supervisory
				authority; the administrator or higher supervisory authority either affirms or
				reverses the decision of the disciplinary hearing officer(s) within five days
				of the appeal; and
(3) how the
				juvenile is sanctioned for the rule violation is documented.