reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 10 - TRANSITION SERVICES › Section 8.14.10.16 - COORDINATION WITH OTHER PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
Transition coordination involves a high frequency of
				  interface and collaboration with the facility multi-disciplinary team members,
				  juvenile probation officers, facility release panel and panel chairperson,
				  juvenile community corrections providers, community based treatment providers,
				  housing resources, the single entity for behavioral health, educational and
				  vocational training providers, family members, natural community supports and
				  others as needed to maximize opportunities for successful and sustained
				  reintegration.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 13 - JUVENILE CONTINUUM GRANT FUND › Section 8.14.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
General public, all units of local and tribal government, and
				  all partners in juvenile justice continuums that may be seeking to provide cost
				  effective services and certain temporary nonsecure alternatives to detention
				  for juveniles arrested or referred to juvenile probation and parole or at risk
				  of such referral.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 13 - JUVENILE CONTINUUM GRANT FUND › Section 8.14.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile Continuum Act, Laws 2007, Chapter 351 and the
				  Children, Youth and Families Department Act, Section 9-2A-7(D) NMSA 1978, as
				  amended.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 13 - JUVENILE CONTINUUM GRANT FUND › Section 8.14.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Chapter 14, Part 13 is to establish the
				  manner in which money appropriated by the New Mexico state legislature to the
				  juvenile continuum grant fund, and other money accruing to the fund as a result
				  of gift or deposit, shall be awarded pursuant to the Juvenile Continuum Act,
				  Laws 2007, Chapter 351.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 13 - JUVENILE CONTINUUM GRANT FUND › Section 8.14.13.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Department"
				means the children, youth and families department.
B. "Grant fund" means the juvenile continuum
				grant fund, established pursuant to the Juvenile Continuum Act, Laws 2007,
				Chapter 351.
C. "JJAC" means the
				juvenile justice advisory committee, formed and functioning pursuant to
				Sections
				9-2A-14
				through
				9-2A-16
				NMSA 1978, as amended.
D.
				"Procurement Code" means the Procurement Code, Sections
				13-1-21
				to
				13-1-199
				NMSA 1978 , as amended.
E.
				"Juvenile justice continuum" means a system of services and sanctions for
				juveniles arrested or referred to juvenile probation and parole or at risk of
				such referral and consists of a formal partnership among one or more units of
				local or tribal governments, the children's court, the district attorney, the
				public defender, local law enforcement agencies, the public schools and other
				entities such as private nonprofit organizations, the business community and
				religious organizations.
F. "At a
				risk of such referral" means that the juvenile has demonstrated specific
				behaviors that if repeated will make the juvenile eligible for a referral to
				juvenile probation and parole, and these behaviors have come to the attention
				of public agency officials such as the public school, law enforcement or
				protective services officials. Some examples are truancy or disruptive behavior
				in school.
G. "Required partner"
				means the officials and public agencies, and tribal equivalents, whose
				partnership in the juvenile justice continuum is statutorily required. These
				are: a unit of local or tribal government, the children's court, the district
				attorney, the public defender, a local (municipal, county, tribal) law
				enforcement agency, and the public school district.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 13 - JUVENILE CONTINUUM GRANT FUND › Section 8.14.13.8 - ALLOWABLE USES OF GRANT FUND MONEY

Current through Register Vol. 35, No. 13, July 16, 2024
The allowable uses for grant fund money are those set forth
				  in the Juvenile Continuum Act, Laws 2007, Chapter 351. Grant fund money may be
				  used to provide:
A. Cost effective
				services for juveniles who are at risk of referral from a required partner to
				the department's juvenile probation and parole. These are services that have
				previously been demonstrated through research or evaluation to be effective at
				preventing or intervening in the targeted behaviors or that lead to the desired
				change in targeted behaviors. Targeted behaviors are those which prompted the
				juvenile's referral to the service, or that are effective in diverting the
				juvenile from involvement with the juvenile justice system. Applicants may be
				requested to provide proof of cost-effectiveness in their funding
				proposals.
B. Temporary, nonsecure
				alternatives to detention for juveniles who have been arrested, or who have
				been referred to the department's juvenile probation and parole offices.
				Temporary nonsecure alternatives to detention are programs or services that
				provide an alternative to placement in a secure juvenile detention facility as
				authorized in the Delinquency Act. Examples are a licensed foster home, a
				nonsecure shelter facility, or the child's place of residence under conditions
				and restrictions approved by the court.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 13 - JUVENILE CONTINUUM GRANT FUND › Section 8.14.13.9 - IDENTIFYING PRIORITIES FOR AWARD OF GRANT FUND MONEY

Current through Register Vol. 35, No. 13, July 16, 2024
Each fiscal year that money is available to be disbursed from
				  the grant fund, the department in consultation with JJAC shall determine
				  specific priorities for disbursement of the available money. The priorities
				  must be selected from among the allowable uses specified for grant fund
				  money.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 13 - JUVENILE CONTINUUM GRANT FUND › Section 8.14.13.10 - PROCUREMENT CODE TO PROVIDE MECHANISM FOR AWARD OF GRANT FUND MONEY

Current through Register Vol. 35, No. 13, July 16, 2024
A. All awards from
				the grant fund shall be made pursuant to the provisions of the Procurement Code
				and regulations promulgated thereunder.
B. The department in consultation with JJAC
				may establish priorities for expenditure of grant fund money. Any priority
				determinations shall be stated in the requests for proposals issued by the
				department.
C. The department shall
				issue requests for proposals to continuums. The requests for proposals shall
				identify the amount of money available, and the specific purpose(s) for which
				the money is available. The requests for proposals shall identify such
				additional specific criteria as the department, in consultation with JJAC,
				finds necessary to effectuate the allowable uses selected for award of grant
				fund money, and that are consistent with the legislative mandate.
(1) Applicants shall be required to
				demonstrate that at least forty percent of the cost of the proposed project
				will be paid with local matching funds. The local matching funds may consist of
				money, land, equipment or in-kind services.
(2) A juvenile justice continuum shall be
				established through a memorandum of understanding (MOU) and a continuum board.
				For tribal governments, the corresponding agencies/entities must be the
				continuum members, and there must be a comparable memorandum of understanding
				and a continuum board. Applicants shall be required to submit the MOU
				establishing their juvenile justice continuum as a formal partnership that
				includes all required partners, and that has a continuum board as its governing
				authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 13 - JUVENILE CONTINUUM GRANT FUND › Section 8.14.13.11 - GRANT FUND RECIPIENTS SHALL ENTER INTO FORMAL CONTRACTS WITH THE DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Consistent with the provisions of the Procurement Code and
				  regulations promulgated thereunder, the department shall negotiate with
				  successful applicants to formalize the agreed-upon project as the subject of a
				  contract between the grantee and the department. The contract shall identify
				  with specificity the obligations of the grant fund recipient, including funds
				  accountability and audit requirements.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 13 - JUVENILE CONTINUUM GRANT FUND › Section 8.14.13.12 - RIGHTS AND REMEDIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				rights and remedies of continuums that submit proposals shall be those
				available to them under the Procurement Code and regulations promulgated
				thereunder.
B. The rights and
				remedies of grant fund recipients shall be those available to them pursuant to
				their contracts with the department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation applies to all New Mexico juvenile detention
				  centers operating under the certification of the children, youth and families
				  department and managed by county and local jurisdictions. Juvenile detention
				  centers detain delinquent offenders, youthful offenders, and serious youthful
				  offenders. Juvenile detention centers detain juveniles pending court hearings
				  but do not provide for long-term care and rehabilitation of adjudicated
				  juveniles. Juvenile detention centers shall not detain children younger than
				  the age limit identified in the Children's Code, status offenders, persons
				  charged or previously adjudicated as delinquents or youthful offenders who are
				  18 years of age and older who have previously been detained with an adult
				  population, or persons who are 18 years of age and older who are participating
				  in a juvenile specialty court program serving custodial
				  sanctions.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  32A-2-4
				  NMSA 1978, as amended, cited as the Children's Code.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To promulgate standards for the maintenance and operation of
				  all juvenile detention centers including standards for the site, design,
				  construction, equipment, care, programming, education, staffing, and medical
				  and behavioral health care. The department shall certify as approved all
				  juvenile detention centers in the state meeting the standards
				  promulgated.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Terms
				beginning with the letter "A":
(1)
"Abuse and neglect"
perpetrated by an adult on a child/juvenile,
				as defined in the Children's Code.
(2) "
Action plan
" a written
				document in response to a sanction submitted by the center to the department
				for approval which states the actions that the center plans to implement, with
				specific time frames and responsible parties for each, to correct the
				deficiencies found by the department in a previous inspection or review of
				documents.
(3)
				"
Adjudicate
" to make a finding of whether a juvenile committed a
				delinquent and/or criminal act.
(4)
				"
Administrator
" the person in charge of the daily operation of the
				center. The administrator may be the person named on the certification or an
				authorized representative of the applicant or designee.
(5) "
Annual certification
" is an
				authorization for a center to operate for a one-year period of time. The
				effective date is noted on the face of the document. The annual certification
				is issued on an initial and renewal basis following investigation of an initial
				application for certification or the inspection of the center by the
				department, unless a complaint is received during the certification period that
				warrants the issuance of a sanction.
(6) "
Applicant"
the county,
				municipality, or other center operator or administrator in whose name a
				certification for a center has been issued and who is legally responsible for
				compliance with applicable standards.
(7) "
Application"
the forms,
				attachments, documents, and drawings required as part of the process of
				granting or denying an annual certification or provisional
				certification.
(8)
				"
Authority"
the Children's Code.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.8 - LEGAL AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				following standards are promulgated by the department pursuant to the
				Children's Code. These are minimum standards to assess basic operations of
				juvenile detention centers in New Mexico.
B. The department shall have access to the
				administrator or designee and the center for inspection of the center for
				compliance with these standards. Compliance is determined during annual
				inspections or during more frequent inspections as necessary.
C. The center shall oblige all of these
				standards and applicable state and federal laws.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.9 - STAFFING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The education
				and experience qualifications of the center administrator include, at a
				minimum, one of the following: a bachelor's degree in an appropriate
				discipline, four years of experience working with juveniles, or three years in
				detention supervision and administration.
B. Eligible candidates for center staff shall
				be 18 years of age or older, be eligible to work in the US, possess a high
				school diploma or its equivalent, and successfully pass a background check and
				a physical examination.
C.
				Background checks are conducted on potential new staff, consultants,
				contractors, volunteers, and student interns. Candidates with any felony
				convictions or any child abuse and/or neglect convictions are barred from
				employment. The center and/or the county where the center is located shall have
				written policies and procedures setting out which additional convictions shall
				prohibit employment and other records that are required to be
				checked.
D. The center shall have
				written policies and procedures governing issues of confidentiality of social,
				education, and medical records of its staff, consultants, contractors,
				volunteers, and student interns.
E.
				The center shall have written policies and procedures governing operational
				shift assignments and post orders that state the duties and responsibilities
				for each assigned position in the center; these shift assignments are reviewed
				at least annually and updated as necessary.
F. The center shall have a written job
				description for each position or group of like positions which clearly states
				qualification, requirements, and responsibilities.
G. The center shall maintain employment
				records for staff, contractors, volunteers, and student interns.
H. The center shall have written policies and
				procedures that provide staff with access to their records and a process to
				address corrections to such records.
I. The center shall have a grievance process
				for staff.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.10 - STAFF TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Training
				shall be provided annually to all staff by qualified instructors. Each staff
				signs an acknowledgment that they have been trained and understand the center's
				policies and procedures.
B. The
				center shall have written policies and procedures that ensure all new fulltime
				staff receive 40 hours of orientation/training before being independently
				assigned to a particular job. This detention center orientation/training is to
				include at a minimum: orientation in the purpose, goals, and policies and
				procedures of the center; working conditions; post-orders; first aid/CPR; fire
				and emergency protocols; suicide prevention; behavior management methods;
				restraint techniques; PREA; alcohol and drug withdrawal; mandatory abuse and
				neglect reporting; and an overview of the juvenile justice and correctional
				fields. Credit for prior training received is acceptable so long as the
				training occurred within the past year.
C. The center shall have written policies and
				procedures that ensure all support staff, medical providers, and behavioral
				health clinicians who have regular contact with juveniles receive an additional
				16 hours of training in juvenile detention issues each subsequent
				year.
D. The center shall have
				written policies and procedures that ensure all part-time staff, contractors,
				volunteers, and student interns receive training appropriate to their
				assignments.
E. The center shall
				have written policies and procedures that ensure all new juvenile detention
				officers receive an additional 80 hours of training during their first year of
				employment. Additionally, all juvenile detention officers receive 40 hours of
				training each subsequent year of their employment. Trainings may include the
				following topic areas:
(1) security
				procedures,
(2) supervision of
				juveniles,
(3) behavior management
				methods,
(4) report
				writing,
(5) rules for
				juveniles,
(6) rights and
				responsibilities of juveniles,
(7)
				fire and emergency protocols,
(8)
				key control,
(9) interpersonal
				relations,
(10) cultural/linguistic
				competency,
(11) child/adolescent
				growth and development,
(12)
				communication skills,
(13) first
				aid/CPR,
(14) suicide
				prevention,
(15) certified course
				in restraint techniques,
(16)
				intake criteria/and reporting,
(17)
				PREA,
(18) impacts of childhood
				trauma, and
(19) alcohol and drug
				withdrawal.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.11 - JUVENILE RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The center
				shall have written policies and procedures consistent with state and federal
				laws to provide individuals and agencies access to records for the purposes of
				research, evaluation, and statistical analysis in accordance with a formal
				written agreement that authorizes access, specifies uses of data, ensures
				confidentiality, and supports security.
B. The center shall have written policies and
				procedures which govern record management, including the establishment,
				utilization, content, privacy, security, and preservation of records; and a
				schedule for the retirement or destruction of inactive case records consistent
				with state record requirements. These policies and procedures shall be reviewed
				annually.
C. The center shall have
				written policies and procedures to protects the juvenile's assets and provide
				accountability for the protection of the juvenile's assets, including the
				segregation of client's funds.
D.
				The center shall have written policies and procedures for an admittance record
				that is completed for every juvenile and contains the following information:
(1) court case number, if any, and detention
				center admission number;
(2) date
				and time of admission and release;
(3) name and nicknames, if any;
(4) last known address;
(5) immigration status;
(6) legal status (authority for
				detention);
(7) name of attorney,
				if any;
(8) name, title, and
				signature of delivering officer;
(9) specific charge(s);
(10) sex/gender;
(11) date of birth;
(12) place of birth;
(13) race or nationality;
(14) education and school attended;
(15) employment, if any;
(16) medical/health status;
(17) consent to treat forms;
(18) name, relationship, address, and phone
				number of parent(s)/guardian(s) and/or person(s) the juvenile resides with at
				time of admission;
(19) driver's
				license number and social security number;
(20) Medicaid number, if
				applicable;
(21) court and
				disposition, if any;
(22)
				additional remarks noting any open wounds or sores requiring treatment,
				evidence of disease, body vermin, piercings, or tattoos;
(23) person recording data;
(24) inventory of property;
(25) emergency contact;
(26) nature of offense/offense
				codes;
(27) photo, if juvenile is
				13 years old or older; and
(28)
				fingerprints, if juvenile is 13 years old or older.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.12 - PHYSICAL PLANT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A detention
				center for juveniles may be collocated within, as part of, or on the same
				immediate grounds of an existing municipal or county jail or courthouse which
				contains a jail, provided that all state and federal requirements for a
				collocated center are met, in accordance with these standards. (See also
				28 CFR
				31.303.)
B. The requirements for collocated centers
				include the following:
(1) separation,
				achieved architecturally or through time-phasing of common, non-residential
				areas, between juveniles and adults, so that there can be no sustained sight or
				sound contact between juveniles and detained adults in the center;
(2) total separation in all juvenile and
				adult programs, including recreation, education, vocation, medical and
				behavioral health care, dining, sleeping and general living
				activities;
(3) an independent and
				comprehensive operational plan for the juvenile detention center providing for
				a full range of separate services is in place; and
(4) separate juvenile and adult staff,
				including management at an administrative level, security staff, and direct
				care staff.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.13 - SAFETY AND EMERGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				center shall comply with applicable state, federal, and local sanitation,
				safety, and health codes pertaining to fire, evacuations, emergencies, and
				safe, secure storage.
B. The center
				shall provide that a qualified fire and safety officer perform a comprehensive
				and thorough inspection of the center for compliance with safety and fire
				prevention standards annually and the center provides documentation of the
				inspection.
C. The center shall
				maintain fire alarms, an automatic detection system, and the availability of
				fire hoses or extinguishers at appropriate locations throughout the
				center.
D. Policies and procedures
				shall specify the center's fire prevention practices; evacuation of staff,
				juveniles, and visitors; a provision for an adequate fire protection service; a
				system of fire inspection and testing of equipment semi-annually; and an annual
				inspection by the state fire marshal or other qualified person(s) approved by
				the state fire marshal.
E. The
				center must be equipped with the following safety containers:
(1) noncombustible receptacles for smoking
				materials and separate containers for other combustible refuse at readily
				accessible locations, and
(2)
				special containers for flammable liquids and rags used with flammable
				liquids.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.14 - SECURITY, STAFFING, AND CONTROL

Current through Register Vol. 35, No. 13, July 16, 2024
A. All centers shall submit a plan to the
				department within 90 days of beginning operations, which demonstrates the
				center's ability to provide adequate management, control, supervision, staff
				coverage, program activities, and security, and address at a minimum:
(1) center structure,
(2) population flow,
(3) staff ratios,
(4) adequate supervision during day time,
				lockdowns, room confinements, suicide prevention coverage times, and sleeping
				hours,
(5) indoor and outdoor
				recreational activities,
(6) staff
				training,
(7) staff absence policy
				(e.g., sick leave, vacation, etc.),
(8) policies and procedures to ensure
				juveniles shall be safe from physical and verbal assault, harassment, threats
				of violence, theft, intimidation, and sexual misconduct, including sexual
				harassment and sexual abuse, and
(9) policies and procedures to safeguard
				against all sight and sound contact between juveniles and detained
				adults.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.15 - FOOD SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Food services
				shall comply with the applicable sanitation and health codes as promulgated by
				state, federal, and local authorities.
B. The center shall have written policies and
				procedures requiring that food service staff develop planned menus that are
				nutritionally balanced and approved by a state licensed dietician. In the
				planning and preparation of all meals, food flavor, texture, temperature,
				appearance, and palatability shall be considered.
C. A staff member, experienced in food
				service management, shall supervise food service operations, unless such food
				services are contracted with another agency in which case, the staff member
				shall monitor the contract for compliance.
D. The center shall have written policies and
				procedures that provide for special diets as prescribed by appropriate medical
				or dental health care providers and religious dietary laws.
E. The center shall have written policies and
				procedures that require food service providers to serve at least three meals,
				two of which are hot, at regular meal times during each 24-hour period. There
				shall be no more than 14 hours between the evening meal and breakfast. The
				center food service supervisor may allow variation, so long as the three meals
				provided within the 24-hour period meet the daily basic nutritional
				requirements and the 14-hour requirement.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.16 - SANITATION AND HYGIENE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				center must comply with applicable state, federal, and local sanitation and
				health codes.
B. The center shall
				take actions to prevent and control vermin and pests.
C. Hair care services shall be available to
				juveniles.
D. The center shall have
				written policies and procedures requiring that articles necessary for
				maintaining personal hygiene are provided to all juveniles, including
				toothbrushes, toothpaste, soap, shampoo, and feminine hygiene
				products.
E. The center shall have
				written policies and procedures that provide for suitable, clean bedding and
				linens: one sheet, one pillow and pillowcase, one mattress, and sufficient
				blankets to provide comfort regardless of temperature conditions; and linen
				exchange at least weekly or more often as necessary.
F. The center shall maintain a surplus supply
				of clothing, linens, and bedding for the center's maximum juvenile
				population.
G. The center shall
				clean, and when necessary, disinfect juveniles' bedding and clothing before
				storage or issuance.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.19 - RULES AND DISCIPLINE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Rule
				violations, disciplinary procedures, and possible sanctions shall be posted in
				a conspicuous and accessible area. Information about the disciplinary process
				shall be given to each juvenile upon admission. The documents are translated
				into the language spoken by the juveniles within the community.
B. Each staff prepares a disciplinary report
				when a juvenile commits a reportable rule violation. Disciplinary reports
				include the following information:
(1)
				specified rule(s) violated,
(2) a
				formal statement of the charge,
(3)
				an explanation of the event, including who was involved, what happened, and the
				time and location of the incident,
(4) unusual juvenile behavior,
(5) staff and juvenile witnesses,
(6) disposition of any physical
				evidence,
(7) any immediate action
				taken, including the use of force (restraints),
(8) reporting staff's signature,
				and
(9) date and time report is
				made.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.20 - ADMISSION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				center shall have written policies and procedures governing the intake and
				orientation of newly admitted juveniles including:
(1) notification of assigned juvenile
				probation officer,
(2) verification
				of legal authority to detain,
(3)
				search and inventory of the juvenile and possessions,
(4) disposition of clothing and personal
				possessions,
(5) medical
				screening,
(6) shower and hair
				care, as needed,
(7) issuance of
				clean clothing, as needed,
(8)
				notification of parent/guardian/custodian,
(9) recording of basic personal data and
				information to be used for mail and visiting lists,
(10) assignment to a housing unit,
				and
(11) assignment of a
				registration number (booking number/file number).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.21 - EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The center, in
				cooperation with the local education agency, develops and implements written
				policies and procedures which provide for the educational and instructional
				needs of juveniles, and complies with applicable state and federal educational
				standards. The center must maintain a current memorandum of understanding with
				the local education agency to provide educational services and testing for
				juveniles in detention. The memorandum of understanding contains mandatory
				attendance requirements, provision for special education testing and services,
				and transfer of education records to the juvenile's community school or to the
				department if the juvenile is committed. The memorandum of understanding sets
				forth the following requirements:
(1) space
				allocation,
(2) timing and
				identification of service provision for each teacher,
(3) educational assistant and special
				education staff and support staff,
(4) furniture,
(5) training schedule,
(6) length of the school year, days education
				is provided, and length of the school day,
(7) supplies for consumables and texts,
				and
(8) security
				coverage.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.22 - RECREATION AND LEISURE PROGRAMMING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The center shall have written policies and
				procedures requiring that juveniles have access to:
(1) recreation activities and leisure time
				daily,
(2) reading materials,
				and
(3) culturally appropriate
				activities and services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.23 - MAIL AND VISITING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				center shall have written policies and procedures requiring that juveniles may
				communicate with their families.
B.
				There is no limit to the volume of letters a juvenile may send or receive,
				except when the center provides postage. In such cases, the center informs the
				juvenile of the quota which permits at least one letter per week.
C. Inspection of juvenile's mail may occur to
				safeguard the security of the center. Any letter from an attorney may not be
				opened.
D. The receipt and holdings
				of all money received/held for the juvenile are handled in a separate account
				or receptacle that may only be accessed by a supervisor.
E. All incoming mail is distributed by
				midnight on the same day it is received, and outgoing mail is held for no more
				than 24 hours, excluding weekends and holidays.
F. Visitors register upon entry into the
				center and are subject to search.
G. The center shall maintain mail and visitor
				logs setting out the above information.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.24 - RELEASE PREPARATION AND TRANSFER PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The center shall have written policies and
				procedures that provide for releasing juveniles including:
(1) verification of identity,
(2) verification of release papers,
(3) completion of release arrangements,
				including the person or agency to whom the juvenile is to be
				released,
(4) return of personal
				items,
(5) administrative
				resolution of any pending action, including disciplinary proceedings (and
				appeals), grievances, claims for damages, or lost possessions,
(6) medical screening and arrangements for
				community follow-up care,
(7)
				transportation arrangements, and
(8) instructions on forwarding the juvenile's
				mail.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.25 - VOLUNTEER INVOLVEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Volunteer involvement in programs, direct services, and cooperative endeavors
				for juveniles is encouraged.
B.
				Center staff provides supervision for all volunteers and volunteer
				programs.
C. Volunteers are
				screened and recruited from all cultural and socioeconomic segments of the
				community.
D. Volunteers are issued
				identification cards. Background checks are conducted on all potential
				volunteers.
E. Volunteers agree, in
				writing, to abide by all center policies, procedures, and rules.
F. The administrator may curtail, postpone,
				or discontinue services of a volunteer or volunteer organization for any
				reason.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.26 - RECORD COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
Each center shall maintain documentation, including records,
				  policies, and procedures required by these standards and shall make them
				  available to the department. Paper and electronic records and files shall be
				  maintained and managed per state records requirements.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS › Section 8.14.14.27 - WAIVERS AND VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A waiver
				means the department refrains from enforcing compliance with a portion of these
				standards for a limited time period provided the health, safety, and welfare of
				the juveniles and staff are not in danger. Waivers are not favored and will be
				granted at the sole discretion of the secretary for emergencies or other
				exceptional circumstances. Failure to plan, negligence, or other such similar
				factors are not grounds for a waiver. A waiver must be requested in writing.
				The factors to determine if a waiver shall be granted are based on the
				following:
(1) impact on the juveniles' health
				and safety,
(2) impact on staff
				safety,
(3) impact on any security
				measures in place, and
(4) the best
				interests of the community.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 15 - NEW MEXICO JUVENILE DETENTION REQUIREMENTS › Section 8.14.15.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all New Mexico juvenile detention
				  centers operating under the certification of the children, youth and families
				  department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 15 - NEW MEXICO JUVENILE DETENTION REQUIREMENTS › Section 8.14.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of these rules and regulations is to promulgate
				  standards for the maintenance and operation of all juvenile detention
				  facilities including standards for the site, design, construction, equipment,
				  care, program, personnel and clinical services. The department shall certify as
				  approved all juvenile detention facilities in the state meeting the standards
				  promulgated.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 15 - NEW MEXICO JUVENILE DETENTION REQUIREMENTS › Section 8.14.15.8 - LEGAL AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				following regulations are promulgated by the New Mexico children, youth and
				families department pursuant to 32A-2-4, NMSA 1978 comp. as amended. These are
				rules and regulations concerning the basic operations of juvenile detention
				centers in New Mexico.
B.
				Administration and enforcement responsibility: The department shall have access
				to the administrator or designee and the facility for inspection of the
				facility for compliance with these regulations and standards, upon appropriate
				identification.
C. All secure
				juvenile detention facilities must comply with department standards and these
				rules and regulations. Compliance is determined during annual inspections or
				more frequently when warranted.
D.
				The facility shall meet all applicable certification requirements, and
				applicable state and federal laws.
E. Confidentiality: Written policy and
				procedure shall provide that records are safeguarded from unauthorized and
				improper disclosure. Manual records are marked "confidential" and kept in
				locked files that are also marked "confidential". Written policy and procedure
				provide that when any part of the information system is computerized,
				confidentiality of records is maintained.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 15 - NEW MEXICO JUVENILE DETENTION REQUIREMENTS › Section 8.14.15.9 - STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Standards for
				detention facilities shall be promulgated by publishing notice of the proposed
				adoption of new or revised standards in the Albuquerque Journal and Las Cruces
				Sun News at least twenty (20) days before the date of a public
				hearing.
B. The notice shall comply
				with NM rules and regulations for the adoption of such standards. At a minimum,
				the notice shall consist of where the proposed standards may be obtained,
				location of public hearing, the dates and time of such hearing and the proposed
				adoption date of the standards. The public hearing shall be held in Santa Fe,
				New Mexico.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 15 - NEW MEXICO JUVENILE DETENTION REQUIREMENTS › Section 8.14.15.10 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. TYPES
				OF CERTIFICATIONS
(1) FULL CERTIFICATION: Is
				granted to a facility currently serving clients and determined to be in
				substantial compliance with the certification standards. If there are minor to
				few non-health and safety standards deficiencies, the department directs a
				facility to correct deficiencies through the submission of a department
				approved action plan within the time frame specified. The program produces
				proof of correction through submission of appropriate and relevant
				documentation or by subsequent on-site review. This certification status lasts
				for twelve (12) months and is renewed prior to the expiration date.
(2) PROVISIONAL (TEMPORARY) CERTIFICATION: Is
				granted to a facility determined to be in partial compliance with the
				certification standards.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 15 - NEW MEXICO JUVENILE DETENTION REQUIREMENTS › Section 8.14.15.11 - SERVICE OF NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
The department provides notification by fax and certified
				  mail or personal service of its imposition of any sanction against a facility.
				  Notification of other actions contemplated under the regulations may be by fax,
				  mail or personal service.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 15 - NEW MEXICO JUVENILE DETENTION REQUIREMENTS › Section 8.14.15.12 - RIGHT TO APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
The facility may appeal the department's action of imposition
				  of any sanction except a letter of correction. The department shall appoint a
				  hearing officer to conduct an administrative appeal. Appeals shall be governed
				  by the hearing process and procedure section of these rules and
				  regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 15 - NEW MEXICO JUVENILE DETENTION REQUIREMENTS › Section 8.14.15.13 - TIME TO APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
To secure an administrative appeal, the facility must make a
				  request for hearing in writing within ten (10) working days after the facility
				  received the department's notice. A facility is deemed to receive notice of a
				  sanction within three (3) days of the mailing.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 15 - NEW MEXICO JUVENILE DETENTION REQUIREMENTS › Section 8.14.15.14 - INSPECTION OF FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Inspections: the department may inspect any detention
				  facility located in this state with or without prior notice. Each detention
				  facility provides full and prompt access of all segments of the facility, to
				  all residents, to all employees, and to all records. In the event that such an
				  inspection results in a violation of any provision of the department's
				  detention regulations or standards, a violation of the detention facility
				  policies and procedures, then a sanction may be imposed. Any sanction issued
				  under this section of the detention regulations or standards that is related to
				  a health and safety violation or any condition endangering any youth or
				  resident or staff, if not corrected promptly and in a systematic way to prevent
				  the reoccurrence of such violations, may be identified as an emergency. An
				  emergency permits the immediate implementation of any and all remedies outlined
				  in the department's detention standards and regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 15 - NEW MEXICO JUVENILE DETENTION REQUIREMENTS › Section 8.14.15.16 - JUDICIAL REVIEW OF ADMINISTRATIVE DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. In the event of an appeal to state
				district court, Rule 1-077 is followed.
B. Record proper:
(1) The hearing officer is responsible for
				creating the record proper.
(2) All
				exhibits admitted into evidence, orders, submissions or motions the parties
				file and tapes or other transcripts of the hearing compose the record
				proper.
(3) The expense of copying
				tape recorded testimony and any other expense of preparing the record,
				including accompanying costs, are the appellant's responsibility.
(4) The appellant certifies in the pleadings
				filed with the court that arrangements have been made for preparation of the
				record proper. Within thirty (30) days after service of the appeal, the
				department files a certified copy of the original and two duplicate copies of
				the tapes of the hearing under review together with the original and two (2)
				copies of the official file maintained and certified by the hearing
				officer.
(5) In the event the
				judicial appeal involves a request for injunctive relief by either party, the
				department files a certified copy of the original and two (2) duplicate copies
				of the tapes of the hearing under review together with the original and two (2)
				copies of the official file maintained and certified by the hearing officer
				within ten (10) days after service of the notice of judicial appeal.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 16 - HUMAN RESOURCES AND TRAINING PLAN › Section 8.14.16.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to clients and staff of the juvenile
				  justice division, also referred to as juvenile justice services, of the
				  children, youth and families department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 16 - HUMAN RESOURCES AND TRAINING PLAN › Section 8.14.16.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 32A-1-1 et seq., 32A-2-1 et seq., 32A3-1 et seq.,
				  32A-4-1 et seq., 32A-11-1 et seq., 32A-15-1 et seq. NMSA 1978 Comp., as
				  amended.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 16 - HUMAN RESOURCES AND TRAINING PLAN › Section 8.14.16.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish standards and guidelines for programs which
				  serve the best interest of the clients, persons and property under the
				  supervision or in the custody of the department including implementation of
				  Cambiar New Mexico. This rule further establishes guidelines to address the
				  safety of clients and staff and for the protection of department resources.
				  This rule emphasizes the value and importance of staff in the delivery of
				  services to our clients.