N.M. Admin. Code § 8.14.7.15

Current through Register Vol. 35, No. 20, October 22, 2024

Section 8.14.7.15 - RELEASE AND FACILITY DISCHARGE PROCEDURES

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.

C. Types of discharges. The following types of discharges may be made:

(1) Administrative discharge: The panel issues an administrative discharge on the juvenile's supervised release or commitment expiration date.

(2) Unsatisfactory discharge: The panel issues an unsatisfactory discharge when and if:

(a) an absconder is over age 18, is a non-violent offender, three months have elapsed since the original custody expiration date, and the JPO is recommending a discharge;

(b) the juvenile has been placed on adult probation;

(c) the juvenile has been sentenced to a new commitment to a juvenile facility; or

(d) the juvenile has been sentenced to a commitment to a state or federal prison.

(3) Technical discharge: The panel shall issue a technical discharge when and if:

(a) the juvenile offender dies;

(b) the juvenile offender has been recommended for residential treatment pursuant to the Children's Mental Health and Developmental Disabilities Act, 1978 NMSA Section 32A-6A-1 et. seq., and it is expected that he or she will remain so committed until his or her custody expiration date; or

(c) the juvenile's commitment to a department facility is otherwise completed or terminated through a process other than expiration of the original term or through an unsatisfactory discharge.

D. The panel chairperson may grant an administrative discharge, including an unsatisfactory or technical discharge, without convening a full release panel.

E. Once the panel determines what type of discharge to issue, a certificate of discharge is given to the juvenile and a copy inserted into the juvenile's file. All victim notifications are completed in accordance with Section 31-26-12(D) NMSA 1978.

N.M. Admin. Code § 8.14.7.15

8.14.7.15 NMAC - N, 7/16/2009