A.Detention hearing. A detention hearing shall be held within one (1) day from the time (1) the petition is filed if the respondent child is in detention at the time the petition is filed;(2) the respondent child is placed in detention if the respondent child is placed in detention after the petition is filed; or(3) the respondent child is placed in detention with or without a warrant for failure to comply with the conditions of release or failure to appear.B.Adult detention on juvenile warrant. When a person who is eighteen (18) years of age or older is taken into custody and transported to an adult facility and a juvenile warrant exists, a detention hearing shall be held within one (1) day from the time of compliance with the notice requirements of Section 32A-2-12(F) NMSA 1978.C.Notice of detention. If the respondent child is taken into custody and detained, the court shall give oral or written notice of the detention hearing to the children's court attorney, public defender and probation services. Probation services shall make a reasonable effort to give oral or written notice of the time and place of the detention hearing to the respondent child and, if they can be found, to the parents, guardian or custodian of the respondent child.D.Conditions of release. The court shall review the need for detention under the Delinquency Act, [Sections 32A-2-1 to -33 NMSA 1978]. If none of the criteria for detention exist, the court shall release the respondent child on the respondent child's written promise to appear before the court at a stated time and place or impose the first of the following conditions of release which will reasonably assure the appearance of the respondent child at the adjudicatory hearing or, if no single condition gives that assurance, any combination of the following conditions: (1) place the child in the custody of a designated person or organization agreeing to supervise the child;(2) place restrictions on the travel, association or place of abode of the child during the period of release;(3) impose any other condition deemed reasonably necessary to assure appearance as required, including a condition requiring that the child return to detention as required.E.Review. A denial of release may be reviewed at any time.F.Violation of conditions of release. If the child fails to appear at a subsequent court hearing or violates a condition of release, the children's court may order the child taken into custody.G.Special master. The provisions of Paragraphs A through E of this rule may be carried out by a magistrate or special master.N.M. R. Child. Ct. 10-225
As amended, effective 11/1/1995;2/1/1997; Rule 10-211 NMRA, recompiled and amended as Rule 10-225 NMRA by Supreme Court Order No. 08-8300-042, effective 1/15/2009; as amended by Supreme Court Order No. S-1-RCR-2023-00013, effective for all cases pending or filed on or after 12/31/2023.Committee commentary. - See Rule 10-107 NMRA for computation of time. This rule has been amended to provide for a release hearing when a child is placed in detention for violating conditions of release. Such a hearing was not required under the prior rule.
[As amended by Supreme Court Order No. 08-8300-042, effective January 15, 2009.]
ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, in Subparagraphs (1) and (2) of Paragraph A and Paragraphs B and C, changed "child" to "respondent child"; in Paragraph A, changed "twenty-four (24) hours, excluding Saturdays, Sundays and legal holidays" to "one (1) day" and added new Subparagraphs (3) and (4) of Paragraph A; in Paragraph B, added "of detention" in the title and added the first sentence; in Paragraph C, changed "detention pursuant to Rule 10-209" to "detention pursuant to the Children's Code"; in Paragraph E, changed the title from "Failure to appear" to "Violation of conditions of release" and changed "If the child violates" to "If the child fails to appear or violates"; and in Paragraph F, changed "carried out by a metropolitan court judge, a magistrate or by a special master" to "carried out by a magistrate or special master". The 1997 amendment, effective February 1, 1997, substituted "Detention hearing" for "Time limits" in the paragraph heading of Paragraph A, added Paragraph B, redesignated former Paragraphs B and C as Paragraphs C and D, deleted former Paragraph D relating to notice, added Paragraph E, redesignated former Paragraph E as Paragraph F, and inserted "Paragraphs A through D" and made stylistic changes in Paragraph F. The 1995 amendment, effective November 1, 1995, rewrote Paragraph A, added Paragraph C and redesignated former Paragraphs C and D as Paragraphs D and E, rewrote the paragraph heading and substituted "special master" for "referee" and "a district judge, a metropolitan court judge or a magistrate" for "the judge" in Paragraph E, and made gender neutral changes throughout the rule. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-211 NMRA was recompiled as Rule 10-225 NMRA, effective January 15, 2009.
Cross references. - For detention hearing, see Section 32A-2-13 NMSA 1978. Law reviews. - For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976).