N.M. Admin. Code § 8.14.14.18

Current through Register Vol. 35, No. 21, November 5, 2024

Section 8.14.14.18 - JUVENILE RIGHTS AND RESPONSIBILITIES

A. The center shall have written policies and procedures stating that juveniles are not subject to discrimination based on race, color, national origin, religion, sex (including pregnancy and childbirth) mental or physical disability, genetic information, marital status, sexual orientation, gender identity, serious medical condition, domestic abuse reporting status, and citizenship.

B. Any juvenile who is not a delinquent offender, but who is abused or neglected, and juveniles charged with status offenses, shall not be held in the center (exception: out-of-state runaways, mandated by state and federal laws as provided in an ICJ).

C. The center shall have written policies and procedures requiring equal access to programs and services for male and female juveniles.

D. The center shall have written policies and procedures requiring that supervision of juveniles be provided by trained staff, contractors, or volunteers.

E. A written grievance procedure shall be explained and made available to all juveniles. It must allow for at least one timely level of appeal. Release of a juvenile is not a remedy.

F. The center shall have written policies and procedures that provide for review of all disciplinary hearings and dispositions by the center administrator or designee.

G. The center shall have written policies and procedures that provide when a juvenile is charged with a rules violation that they are given a written copy of the alleged violation within 24 hours of the discovery of the violation.

H. The center shall have written policies and procedures that provide when a juvenile is charged with rule violations that they are scheduled for and receive a hearing within 72 hours of the incident. The center administrator may postpone a hearing for good cause.

I. The center shall have written policies and procedures that provide juveniles charged with rule violations are present at the hearing, unless they waive that right in writing or through unsafe behavior. Juveniles may be excluded during the testimony of anyone whose testimony must be given in confidence. The reason for the juvenile's absence or exclusion is documented.

J. The center shall have written policies and procedures that provide disciplinary hearings are conducted by an impartial person or panel trained in center policies and procedures. The staff charging the juvenile cannot serve as the hearing officer. The following is included in each disciplinary hearing:

(1) a record of the disciplinary hearing and a copy of the written decision is given to the juvenile with an explanation of the right to appeal;

(2) the juvenile may appeal a decision of the disciplinary hearing officer(s) to the administrator or higher supervisory authority; the administrator or higher supervisory authority either affirms or reverses the decision of the disciplinary hearing officer(s) within five days of the appeal; and

(3) how the juvenile is sanctioned for the rule violation is documented.

K. At least one hour of recreation shall be provided daily to juveniles and when the weather permits, outdoor exercise. A structured one-hour of leisure time activity shall be provided in addition to the recreation time. The center shall provide an appropriate range of daily indoor and outdoor recreational and leisure activities which meet the needs of juveniles of various ages, interests, and abilities.

(1) Recreational activities shall provide a balance of group play, competitive games, and quiet individual activity.

(2) The center shall provide the necessary equipment for conducting appropriate indoor and outdoor recreational program.

L. Juveniles shall be provided access to their legal counsel.

M. Juveniles may make confidential contact with attorneys, authorized representatives, and advocates including, telephone communications, correspondence, and visits. However, attorneys, authorized representatives, and advocates are subject to the center's visitation search procedure.

N. Juveniles shall not be transferred to a county/adult jail solely on the basis of turning 18 years old while in a juvenile detention center.

O. The center shall have written policies and procedures permitting juveniles to participate in religious services and religious counseling on a voluntary basis, subject only to limitations necessary to maintain order and security.

P. Juveniles are not subject to corporal or cruel punishment, humiliation, mental abuse, isolation, solitary confinement, or punitive interference with the daily functions of living, including eating, sleeping, personal hygiene, and physical exercise. Juveniles are not denied access to education or required medical and behavioral health care.

Q. Juveniles are not required to participate in uncompensated employment unless the work is related to housekeeping, maintenance of the center or grounds, personal hygienic needs, or is part of an approved vocational or training program.

R. Juveniles are permitted visitors, subject only to the limitations necessary to maintain order and security.

S. Juveniles may communicate or correspond with families and friends, as well as with public officials, the courts, and their attorneys, subject only to the limitations necessary to maintain order and security.

T. Juveniles may maintain the length and style of their hair, except if such style causes a risk to health and safety.

U. Juveniles may maintain facial hair, except if such style causes a risk to health and safety.

V. All written information is provided in a language that the juvenile can comprehend. Completion of orientation is documented by a statement that is signed and dated by the juvenile and placed in the master file.

W. Library materials are available to all juveniles.

X. Community and social service programs are accessible to all juveniles.

Y. Juveniles are afforded access to behavioral health care and crisis intervention services in accordance with their needs.

Z. The center shall have written policies and procedures to handle all behavioral health emergencies and to provide for all necessary services (including transportation or placement change) for any juvenile experiencing a behavioral health emergency.

AA. Juveniles may access telephone services, subject to written policies and procedures.

N.M. Admin. Code § 8.14.14.18

8.14.14.18 NMAC - N, 7/31/01; A, 10/17/11, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 1/1/2019