reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 4 - FACILITY MEDICAL AND BEHAVIORAL HEALTH SERVICES › Section 8.14.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish standards for providing medical, dental and
				  behavioral health care to clients in the facilities of juvenile justice
				  services of the children, youth and families department and the operators of
				  facilities contracted by CYFD.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 4 - FACILITY MEDICAL AND BEHAVIORAL HEALTH SERVICES › Section 8.14.4.9 - FACILITY MEDICAL AND BEHAVIORAL HEALTH OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Space, equipment and supplies: Adequate
				space, equipment, supplies and materials are available for the facility's
				medical, dental and behavioral health services.
B. Pharmacy: Facility pharmacy operations are
				sufficient to meet the needs of the facility and are in accordance with legal
				requirements.
C. Diagnostic
				services: On-site diagnostic services are registered, accredited, or otherwise
				meet applicable state and federal laws.
D. Off-site hospital and specialty care:
				Arrangements are made to provide off-site hospitalization and specialty care to
				clients in need of these services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 4 - FACILITY MEDICAL AND BEHAVIORAL HEALTH SERVICES › Section 8.14.4.10 - ENVIRONMENTAL HEALTH AND SAFETY AND INFECTION CONTROL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Infection control program: There is an
				effective infection control program that minimizes the incidence of infectious
				and communicable diseases among clients and staff in facilities.
B. Sanitation and hygiene: Each facility
				ensures that clients are housed, work, study, recreate and receive health care
				in a clean, safe and healthy environment. Health staff works in safe and
				sanitary conditions. Each facility is in compliance with applicable federal,
				state and local sanitation and health codes.
C. Food hygiene and safety food storage,
				handling and preparation: Meals are nutritionally balanced, well-planned and
				prepared and served in a manner that meets all established federal, state and
				local codes and regulations regarding nutrition, safety and hygiene. Contract
				providers comply with CYFD rules.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 4 - FACILITY MEDICAL AND BEHAVIORAL HEALTH SERVICES › Section 8.14.4.11 - PERSONNEL AND TRAINING - JJS AND CONTRACT PROVIDERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Credentialing, licensure and certification
				of health care professionals: All medical, dental and behavioral health care
				personnel who provide services to clients are appropriately credentialed
				according to the licensure, certification and registration requirements of the
				state of New Mexico.
B. Physical
				examination: Applicants selected for security positions have a post-job offer
				pre-employment physical examination prior to final appointment to determine if
				staff is able to perform the essential functions of the position. Department
				medical staff will give PPD skin tests to all JJS employees. JJS will collect
				information on employee vaccinations for measles, mumps and rubella (MMR). JJS
				will offer hepatitis B vaccinations to employees.
C. Professional (peer) practice review of
				health care professionals: A clinical performance enhancement process evaluates
				the appropriateness of all primary care providers' services.
D. Continuing education for medical and
				behavioral health care professionals: All medical and behavioral health care
				professionals participate annually in continuing education appropriate to their
				positions.
E. Health related
				training for facility staff: A training program, established or approved by the
				medical and behavioral health authorities in cooperation with the
				superintendent, guides the health and behavioral health-related training of all
				facility staff who work with clients.
F. Training in medication
				self-administration: Facility staff who supervise client self-administration of
				prescription medications are trained in matters of security, accountability,
				common side effects and documentation of self-administration of
				medicines.
G. Role of clients
				working in health care program: Clients are prohibited from being used as
				health care workers.
H. Facility
				staffing plans: A written staffing plan assures that a sufficient number of
				health and behavioral health staff is available to provide adequate and timely
				evaluation and treatment consistent with contemporary standards of
				care.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 4 - FACILITY MEDICAL AND BEHAVIORAL HEALTH SERVICES › Section 8.14.4.14 - HEALTH PROMOTION AND DISEASE PREVENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Health education: Health education is
				offered to all clients; all patients are provided with individual health
				instruction.
B. Nutrition and
				medical diets: Nutrition and medical diets are provided that enhance clients'
				health and are modified when necessary to meet specific requirements related to
				clinical conditions.
C. Exercise
				and recreation: All clients are offered the health benefits of
				exercise.
D. Client personal
				hygiene: The facility provides sufficient services and supplies so that
				clients' personal hygiene needs are met.
E. Client screening: All clients are
				regularly screened for current health status.
F. Smoke free environment: Each facility is
				smoke-free for clients and staff.
(1) Clients
				may not use tobacco in any form.
(2) There are prevention and abatement
				activities regarding the use of all tobacco products.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 4 - FACILITY MEDICAL AND BEHAVIORAL HEALTH SERVICES › Section 8.14.4.15 - FIFTEEN (15) DAY DIAGNOSTIC EVALUATION

Current through Register Vol. 35, No. 13, July 16, 2024
CYFD ensures that clients who undergo a 15-day diagnostic
				  evaluation, pursuant to Section 32A-2-17(D) of the Delinquency Act, receive a
				  comprehensive diagnostic evaluation. A written report of the results of the
				  diagnostic evaluation is provided to the court.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 4 - FACILITY MEDICAL AND BEHAVIORAL HEALTH SERVICES › Section 8.14.4.16 - HEALTH RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Health records are maintained in a consistent manner between
				  facilities. The confidentiality of a client's written or electronic health
				  record, as well as verbally conveyed health information, is maintained. Health
				  records are maintained under security and completely separate from clients'
				  custody records.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.2 - 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 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  32A-1-1 et seq.,
				  32A-2-1 et seq., 32A-3-1 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 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.6 - 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 clients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.8 - SECURITY MANUAL

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services maintains a security manual that
				  designates locations of staff, referenced as posts, with specific direction
				  delineated through post orders that provide standard and emergency operating
				  procedures to each staff member. The security manual shall not generally be
				  made available to the public or clients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.9 - CONTROL CENTER FUNCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
To maintain the necessary security and control of the
				  facility, to promote a primary communication vehicle, and to promote safe and
				  orderly operations there shall be a designated control center at secure
				  facilities, operating 24 hours per day to coordinate all security functions and
				  emergency communications. Juvenile justice services shall designate space for
				  these control centers in each of its secure facilities and provide a system
				  that links the control center with all program, service, operational, and
				  living areas of the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.10 - PERIMETER SECURITY

Current through Register Vol. 35, No. 13, July 16, 2024
Each juvenile justice services facility's perimeter shall be
				  controlled by appropriate means to ensure that pedestrian and vehicle traffic
				  enter and exit through designated points and to prevent unauthorized client
				  movement outside of the perimeter or unauthorized access to the facility by the
				  general public.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.11 - SECURITY EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services stores all security equipment and
				  related items in a secured but accessible location outside of the client
				  housing and activity areas and maintains a record of equipment distribution for
				  both emergency and routine incidents.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.12 - PERMANENT LOGS

Current through Register Vol. 35, No. 13, July 16, 2024
Youth care specialists maintain a permanent log and prepare
				  shift reports that record routine information, emergency situations, and
				  unusual incidents. These logs and reports are reviewed by designated staff and
				  filed for future reference.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.13 - CLIENT COUNT AND MOVEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services maintains a system of strict
				  accountability for clients that includes maintaining an up-to-date and accurate
				  master roster that accounts for client admissions, releases, transfers,
				  escapes, absences from the facility, and transports. On-duty staff members are
				  responsible for knowing where clients are at all times through formal and
				  informal counts, physical proximity to clients, and continuous visual
				  surveillance.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.14 - GENERAL PATROLS AND INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services youth care specialist supervisors
				  shall conduct regular daily patrols and inspections, including weekend and
				  holidays, of all areas occupied by clients, and submit daily reports for
				  managerial review. Weekly inspections shall be conducted of unoccupied
				  areas.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.15 - ADMINISTRATIVE PATROLS AND INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The facility superintendent or designee, deputy
				  superintendents, and designated supervisors shall conduct patrols and
				  inspections of client living and activity areas on a weekly basis to encourage
				  informal contact with staff and clients and informally observe living, working,
				  and activity conditions.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.16 - TOOL AND EQUIPMENT CONTROL

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services monitors the use, storage, and
				  accessibility to keys, tools, and equipment through a documented check-in and
				  check-out procedure and regularly scheduled inventories.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.17 - KEY AND LOCKS CONTROL

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services governs the control and use of keys
				  by designating an individual to maintain a facility key inventory which
				  identifies the location of keys and associated locks. Facility keys are marked
				  "do not duplicate" and can only be approved for duplication by the facility
				  superintendent.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.18 - USE OF VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services shall allow only authorized drivers
				  and authorized passengers to drive or be transported in a juvenile justice
				  services vehicle. Vehicles shall only be driven or occupied for official state
				  business. Staff members, the public, visitors, and clients are encouraged to
				  report any misuse of a state vehicle to the juvenile justice services
				  director.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.19 - CLIENT TRANSPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services shall transport its clients in a
				  safe and secure manner that ensures control and maintenance of custody and
				  supervision of the clients. Drivers shall be appropriately licensed for the
				  vehicle and shall obey all traffic laws. Vehicles shall be properly equipped
				  for the clients being transported, inspected to ensure compliance with
				  applicable laws and regulations, and routinely maintained to ensure safe
				  operating conditions. Clients shall be transported with appropriate security
				  measures, and restraints shall be used according to client risk levels and
				  other safety factors.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.20 - SERIOUS INCIDENT REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services shall utilize a standardized
				  process for reporting serious incidents that involve clients in their custody,
				  employees, or visitors. All serious incidents are reviewed by the facility
				  superintendent and if appropriate filed in the client's permanent
				  record.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.21 - GANG MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services provides for and engages clients in
				  pro-social skills development programs and services that work toward
				  diminishing and eliminating gang involvement. No client or group of clients
				  shall be given authority over other clients through formal or informal
				  mechanisms.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.22 - USE OF FORCE

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services restricts the use of physical
				  force, including the use of physical and mechanical restraints, to instances of
				  justifiable self-defense, protection of a client from hurting him or herself,
				  protection of others, protection of property, and the prevention of escapes.
				  Physical force is only used as a last resort in accordance with applicable law,
				  statute and juvenile justice services' policy and procedure. In no event is
				  physical force justifiable as punishment or may the force used exceed what is
				  reasonably required to control the individual or situation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.23 - PROTECTION FROM HARM

Current through Register Vol. 35, No. 13, July 16, 2024
All instances or complaints of alleged or suspected abuse are
				  reported to the appropriate local law enforcement agency, protective services
				  or the juvenile justice services director or designee immediately upon
				  knowledge of the incident (Section
				  32A-4-3
				  NMSA 1978). The notification must also be noted in FACTS.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.24 - PRISON RAPE ELIMINATION ACT

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services shall comply with the federal
				  Prison Rape Elimination Act (PREA) and maintains an ongoing commitment to
				  prevent, detect, and respond to all allegations of sexual misconduct -
				  including sexual abuse and sexual harassment. Juvenile justice services is
				  committed to providing a safe and secure environment, free from all forms of
				  sexual misconduct and retaliation for clients and staff. To that end, juvenile
				  justice services has a zero tolerance for sexual misconduct and maintains
				  comprehensive procedures regarding prevention, detection, and response to such
				  conduct. All sexual contact between staff and clients; contractors, volunteers,
				  or student interns and clients; and clients and clients, regardless of
				  consensual status, is prohibited and subject to disciplinary action and
				  possible criminal prosecution. All staff, contractors, volunteers, and student
				  interns are required to report any suspected or witnessed sexual
				  misconduct.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.25 - UNIT MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services increases contact between staff and
				  clients, fosters interpersonal relationships and promotes more knowledge-based
				  decision making by subdividing facilities into manageably-sized units with
				  multidisciplinary decision making authority in programming and
				  services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.26 - DEPLOYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Staff to client ratios are assessed and maintained according
				  to location, need, and safety. Juvenile justice services shall provide an
				  environment that is safe, secure, and orderly by having sufficient staff, 24
				  hours a day, scheduled and located in client living and activity areas to
				  provide for the safety and well-being of clients, staff, visitors, and the
				  general public.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.27 - GENDER RESPONSIVENESS

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services and its contractors and service
				  providers are gender responsive. Juvenile justice services shall maintain at
				  least one staff member of the same gender as a client being supervised in the
				  location of the client.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.28 - CONTRABAND CONTROL

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services considers any item found inside the
				  perimeter of a facility or in possession of a client, staff member, or visitor
				  inside the perimeter of a facility contraband if it is illegal to possess by
				  law, illegal for minors to own or possess, or specifically listed in the
				  department's prohibited item list. Seized items of contraband will be disposed
				  of in accordance to New Mexico state statute or as detailed in applicable
				  procedures, and may be turned over to law enforcement for
				  prosecution.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.29 - SEARCHES

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services staff, or if necessary supervisory
				  staff or law enforcement personnel, may conduct or authorize pat down or strip
				  searches anytime there is an articulated and documented safety or security
				  issue. Staff may search clients, visitors, other staff, living units, program
				  areas, and vehicles. Searches may be conducted to ensure health, safety, and
				  security, to control contraband; or to recover missing persons or property.
				  Upon entry or exit of a secure facility, all vehicles and personal belongings
				  are subject to being searched. If there is an articulated and documented safety
				  or security issue with a JJS staff member, supervisory staff or law enforcement
				  personnel will be called to search the subject of the
				  concern.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.30 - BODY CAVITY SEARCHES

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services expressly prohibits manual or
				  instrument inspections of body cavities without the execution of a warrant for
				  probable cause by a sworn peace officer. If such a warrant is issued, such
				  inspections shall only be conducted in an emergency room of a medical facility
				  with a JJS medical staff member of the same gender as the client present to
				  witness the search and record results.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.31 - EVIDENCE DISPOSITION

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services provides for the recording,
				  preservation, control, and disposition of all physical evidence obtained in
				  connection with a violation of the criminal code or juvenile justice services'
				  policy and procedure. Evidence or property seized shall have a documented chain
				  of custody and be handled, stored and disposed of in a lawful
				  manner.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.32 - EMERGENCY OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services' maintains written emergency plans
				  and distributes and trains key personnel in the manner which these plans are to
				  be carried out during an actual emergency. These plans also include specific
				  information on a means to immediately release clients from locked areas and
				  procedures to be followed in situations that threaten facility security.
				  Emergency procedures shall include plans for work actions, strikes, or staff
				  walkouts; facility disturbances or riot control; natural disasters or inclement
				  weather; escapes; utility failures; bomb threats and explosions; hostages and
				  negotiations; epidemics or pandemics; fire emergencies or mass evacuations; and
				  a person found hanging by the neck.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 5 - SAFETY AND EMERGENCY OPERATIONS › Section 8.14.5.33 - PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
The juvenile justice services director will make appropriate
				  internal procedures available to the public but reserves the right to add,
				  delete or modify internal procedures without notice or comment in furtherance
				  of the mission and goals of the department or service area.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 7 - SUPERVISED RELEASE AND DISCHARGE › Section 8.14.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to clients who are committed to the custody
				  of juvenile justice services pursuant to the Delinquency Act, staff of juvenile
				  justice services of the children, youth and families department and the
				  operators of facilities contracted by CYFD.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 7 - SUPERVISED RELEASE AND DISCHARGE › Section 8.14.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 SECTION 9-2A-7(D) authorizes the secretary of the
				  children, youth and families department to adopt regulations as necessary to
				  carry out the duties of CYFD. NMSA 1978 section 32A-2-19 provides that
				  delinquent children may be committed to the legal custody of CYFD who is then
				  responsible for determining the appropriate placement, supervision and
				  rehabilitation of committed children, and more generally NMSA 1978 section
				  32A-2-1 et seq., the Delinquency Act, contains various provisions relating to
				  the commitment, custody, and release of adjudicated children.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 7 - SUPERVISED RELEASE AND DISCHARGE › Section 8.14.7.8 - FACILITY RELEASE PANEL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				facility release panel will conduct release consideration meetings at a minimum
				of monthly intervals to consider whether to grant release to juvenile offenders
				who are identified on the agenda. In addition to the regularly scheduled
				release consideration meetings, the panel may conduct special release
				consideration meetings upon recommendation of a facility or as a result of any
				circumstances that warrant review and consideration for release. Release
				consideration meetings may be held at any of the department's
				facilities.
B. The facility release
				panel consists of the JJS director/deputy director, the superintendent/designee
				from each CYFD facility, a behavioral health supervisor from the client's
				facility, a representative from education administration, and a quorum of the
				JPSAB. Video or teleconferencing shall be arranged for any member of the panel
				who cannot attend in person. The JJS director/deputy director is the
				departmental representative of the panel for purposes of notifications and
				revocations.
(1) The JJS director/deputy
				director serves as the panel chairperson.
(2) Each member of the panel has one vote in
				release decisions, and decisions must be approved by a majority vote.
(3) The quorum of the board that participates
				in release consideration meetings confers on decisions and provides the panel
				with one vote for all of the board members.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 7 - SUPERVISED RELEASE AND DISCHARGE › Section 8.14.7.9 - ELIGIBILITY FOR SUPERVISED RELEASE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A juvenile is eligible for supervised
				release any time after commitment to the department. A juvenile's supervised
				release date and placement is tentatively determined at their initial MDT
				meeting, based on the juvenile's client family baseline assessment and other
				information presented at the meeting. The MDT shall provide the juvenile with a
				notice of tentative release date at the conclusion of the Initial MDT. Once a
				tentative release date is determined, the juvenile shall be scheduled for the
				agenda of the release consideration meeting that coincides with that date, and
				agendas shall be provided to the juvenile public safety advisory board on a
				monthly basis. If so warranted by the juvenile's behavior or for other good
				cause, the release date may be moved up and the panel may consider a juvenile
				at an earlier release consideration meeting.
B. If after a release date is determined the
				MDT recommends that the juvenile's supervised release needs to be deferred, the
				MDT shall make written findings detailing the reasons for the deferral and
				provide those to the juvenile and the panel. The juvenile shall then be
				rescheduled as soon as practically possible for a release consideration
				meeting.
C. The panel shall base a
				decision to grant or deny supervised release on the following, as determined by
				the application of the specific criteria in Subsection D and the MDT's
				recommendation for release, as determined at the MDT at least two months prior
				to the scheduled release date:
(1) the public
				safety of the community;
(2) the
				likelihood of successful reentry and reorientation to the community, based on
				the extent of the client's rehabilitation and the proposed supervised release
				plan;
(3) the best interests of the
				client; and
(4) the likelihood of
				further progress with the programs and services offered in the
				facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 7 - SUPERVISED RELEASE AND DISCHARGE › Section 8.14.7.10 - CONDUCT OF RELEASE CONSIDERATION MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each FTC submits a proposed list of names
				of juveniles to be placed on the agenda to the panel at least forty days prior
				to the next regularly scheduled release consideration meeting dates. The FTC
				shall provide the release panel with the release consideration summary at least
				ten (10) days before the release consideration meeting.
(1) A client may appear on the panels' agenda
				by:
(a) an MDT recommendation for
				release;
(b) personally petitioning
				the panel any time sixty days after commitment or after a denial of
				release;
(c) a board request to be
				placed on the agenda after a denial of release.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 7 - SUPERVISED RELEASE AND DISCHARGE › Section 8.14.7.11 - GENERAL AND SPECIAL CONDITIONS OF SUPERVISED RELEASE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The panel determines the general and
				special conditions of supervised release. The panel may add, delete or change
				any of the general or special conditions of supervised release.
B. The following are general conditions of
				supervised release to be included in all supervised release agreements.
(1) "I must maintain myself as a law-abiding
				citizen by following all municipal, county, state and federal laws, ordinances
				and orders, including laws and rules of Indian tribal councils when applicable.
				If I am enrolled in school, I must follow all school policies and
				regulations."
(2) "I must keep my
				JPO, my parents, custodian or guardian informed of my whereabouts at all
				times."
(3) "I will be required to
				have written permission of my JPO, in cooperation with my parents, guardian, or
				custodian, as appropriate, if I wish to temporarily leave the county to which I
				have been released."
(4) "I will
				inform my JPO, in cooperation with my parents, guardian, or custodian, as
				appropriate, if I am charged, arrested or detained by any law enforcement or
				juvenile authority, within a reasonable period of time, but no later than
				forty-eight (48) hours after arrest."
(5) "My JPO has the right to visit me at
				home, school or place of employment at any time."
(6) "I will follow curfew rules established
				by my JPO, as written with the cooperation of my parents, guardian or
				custodian."
(7) "I shall not use,
				possess, sell or transfer marijuana, narcotics or any other dangerous or
				illegal substances which have not been prescribed for me by a physician. I will
				participate in any examination requested by my JPO regarding possible use of
				such substances."
(8) "I will not
				possess or consume beer or any alcoholic beverage at any time while on
				supervised release. I will not enter any business commonly known as a bar,
				lounge or liquor store."
(9) "I
				must notify my JPO, in cooperation with my parents, guardian, or custodian, as
				appropriate, before applying for a marriage license or filing for divorce or
				legal separation."
(10) "I must not
				associate with anyone with whom my JPO, in cooperation with my parents,
				guardian, or custodian, as appropriate, forbids me to associate. This may
				include anyone with a criminal or delinquent record, anyone associated with a
				gang and anyone that may be detrimental to my successful completion of
				supervised release."
(11) "I cannot
				own, possess, sell, use or distribute firearms or other deadly
				weapons."
(12) "I will not endanger
				the person or property of someone else."
(13) "I will abide by all reasonable
				instructions of my JPO."
(14) "I
				will report to my JPO within 24 hours of release and will remain under house
				restriction and direct parental supervision until such time as my JPO decides
				to lift the restriction".
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 7 - SUPERVISED RELEASE AND DISCHARGE › Section 8.14.7.12 - BEHAVIOR DURING THE SUPERVISED RELEASE PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department supervises juveniles on
				supervised release. The facility or regional transition coordinator /designee
				is responsible for providing the juvenile's juvenile probation officer with the
				supervised release recommendation report and any other documentation required
				to properly transition the juvenile to supervised release.
B. Modification of release conditions.
(1) Only the panel may substantially modify
				any of the terms of the supervised release agreement. The panel notifies the
				juvenile and his or her JPO of any such modifications.
(2) In an emergency situation, the JPO may
				temporarily approve a change of residency without prior approval from the
				panel. The JPO must notify the panel as soon as practicable. If the situation
				permits, the JPO should telephone the panel's chairperson for verbal approval
				prior to taking this emergency action.
(3) The JPO must submit a notification of
				supervised release change to the panel for approval of any proposed minor
				modifications to the written release agreement.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 7 - SUPERVISED RELEASE AND DISCHARGE › Section 8.14.7.13 - VIOLATIONS OF SUPERVISED RELEASE CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The JPO informs the panel when a juvenile is alleged to have
				  violated any general or special conditions of supervised release. The JPO and a
				  designated departmental representative of the panel confer regarding the
				  appropriate course of action in each circumstance. Supervised release shall
				  only be revoked and the juvenile placed in detention if it is necessary to
				  protect the public safety, prevent self-injury, facilitate transfer, or ensure
				  the presence of the juvenile at subsequent court hearings.
A. After consultation, there may be a
				decision to allow the juvenile to continue on supervised release. The JPO's
				monthly report to the panel will document the justification for the decision to
				continue supervised release.
B. The
				panel may issue a reprimand for any supervised release violation, upon
				recommendation of the department or upon its own initiative when appropriate.
				The reprimand may be oral or written. Reprimands may be issued during a
				supervised release revocation proceeding if the panel has decided, after a
				preliminary supervised release violation inquiry or final supervised release
				violation hearing, not to revoke supervised release.
C. The panel may modify the release agreement
				to address less serious violations for which supervised release revocation
				proceedings are not immediately appropriate.
D. If after consulting with the panel, there
				is a decision to begin revocation proceedings against the juvenile, a
				preliminary supervised release violation report is prepared.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 7 - SUPERVISED RELEASE AND DISCHARGE › Section 8.14.7.14 - SUPERVISED RELEASE REVOCATIONS

Current through Register Vol. 35, No. 13, July 16, 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.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 7 - SUPERVISED RELEASE AND DISCHARGE › Section 8.14.7.15 - RELEASE AND FACILITY DISCHARGE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 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.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 10 - TRANSITION SERVICES › Section 8.14.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to clients, children, youth and families
				  department staff, health care and other providers administering care to clients
				  in the facilities of the juvenile justice services of children, youth and
				  families department, clients on supervised release, and clients consenting to
				  receive services following discharge from supervised release.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 10 - TRANSITION SERVICES › Section 8.14.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Section 9-2A-7(D) (2005) authorizes the secretary
				  of the children, youth and families department (CYFD) to adopt regulations as
				  necessary to carry out the duties of the department. NMSA 1978 Section
				  32A-2-19(B) provides that delinquent children may be committed to the legal
				  custody of the department for placement, supervision and rehabilitation and
				  more generally NMSA 1978, Section 32A-2-1 et seq., (2005) the Delinquency Act,
				  contains various provisions relating to the commitment and custody of
				  delinquent children. NMSA 1978 Section 32A-2-23.1 delineates the authority of
				  the releasing authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 10 - TRANSITION SERVICES › Section 8.14.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish standards for providing transition services to
				  youth released or discharged from a facility for the care and rehabilitation of
				  delinquent children while on supervised release and after discharge from
				  supervised release if consented to by the youth.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 10 - TRANSITION SERVICES › Section 8.14.10.8 - TRANSITION SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
Transition services are provided to maximize the youth's
				  opportunity to successfully transition into the community after
				  discharge/release from a facility. Transition services are provided through
				  transition services coordinators who work on a regional basis throughout the
				  state. The transition services coordinator works intensively with the youth and
				  their families through their commitment and discharge from supervised release
				  and up to age 21 if consented to by the youth. When appropriate, transition
				  services shall include linking clients with education, vocational education,
				  job training, job placement services, medical and behavioral health
				  services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 10 - TRANSITION SERVICES › Section 8.14.10.9 - TRANSITION PLANNING

Current through Register Vol. 35, No. 13, July 16, 2024
Transition services involve individualized transition
				  planning. The transition plan identifies the goals, activities/ services/
				  programs, timeframes, and outcomes related to successful transition. Transition
				  services coordinators establish the necessary arrangements and linkages with
				  the full range of public and private sector individuals, agencies and
				  organizations in the community, and the single entity for behavioral health
				  services that can provide the services and supports in the domains listed in
				  8.14.10.8
				  NMAC, as appropriate and necessary to achieve successful
				  transition.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 10 - TRANSITION SERVICES › Section 8.14.10.10 - SPECIAL NEEDS/SPECIAL CHARACTERISTICS

Current through Register Vol. 35, No. 13, July 16, 2024
Transition services are tailored to address youth, both male
				  and female, with special needs/special characteristics, including youth with
				  serious mental health or substance abuse disorders, youth with other chronic
				  illnesses, assessed with problem sexual behaviors, Native American youth, and
				  youth jointly involved with protective services and juvenile justice
				  services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 10 - TRANSITION SERVICES › Section 8.14.10.11 - TRANSITION SERVICES COORDINATION

Current through Register Vol. 35, No. 13, July 16, 2024
The transition services coordinator works with the youth,
				  family, and transition team members to coordinate the transition plan. The
				  transition services coordinator works with the juvenile probation officer to
				  support the delivery of transition services in the community.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 10 - TRANSITION SERVICES › Section 8.14.10.12 - GRIEVANCE SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
Youth have a right to question transition plan decisions and
				  services and a grievance system is in place. The grievance system for
				  transition services is made available to all youth, families, and transition
				  team members. The grievance system is in accordance with the children, youth
				  and families department grievance system. Youth are not prevented or
				  discouraged from filing a grievance.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 10 - TRANSITION SERVICES › Section 8.14.10.13 - CRITICAL INCIDENT REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
In order to promote the well-being of participating youth,
				  transition services coordinators and other staff of transition services report
				  all critical incidents, including abuse, neglect, or exploitation of the youth,
				  and dangerous behavior on the part of the youth, as required by state law,
				  local law, or department policy. Critical incident reporting follows the
				  procedures established by the department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 10 - TRANSITION SERVICES › Section 8.14.10.14 - MONITORING, EVALUATION AND REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
Transition services are monitored and evaluated through a
				  quality assurance process, plan or procedure; transition services are
				  thoroughly documented.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 10 - TRANSITION SERVICES › Section 8.14.10.15 - TRANSITION SERVICES MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Transition services is managed by the transition services
				  manager. Regular staff meetings are required as is training and
				  supervision.