Legislation expands access to prevention and rehabilitation services for youth while enhancing accountability for serious crime

Santa Fe, N.M. – Today, the House of Representatives passed legislation to address juvenile violence and expand programs for at-risk youth in New Mexico, by a vote of 34-24. House Bill 255 would expand services offered to young people and enhance accountability for certain juvenile offenders to better prevent and address juvenile crime.

Currently, community-based programming is provided as part of supervised release for juveniles transitioning out of detention. HB 255 would expand access to these resources by also allowing CYFD to refer children or youth in their care who might benefit from these community programs.

"Evidence shows us that focusing on intervention and rehabilitation will lead to better outcomes for our children, while addressing the root causes of juvenile crime in our state," said lead sponsor Rep. Liz Thomson (D-Albuquerque). "HB 255 helps us guide our at-risk youth down a better path, by providing them with key resources proven to be more effective at deterring crime and reducing recidivism than punitive measures alone."

Youth would be referred to appropriate community-based services by judges or CYFD based upon recommendations from regional panels that include members from the judicial branch, local district attorneys and public defenders, area schools, police departments, and local community advocates. These services would be specific to the needs of the individual child, but could include gang and violence intervention programming, substance and alcohol abuse, mental health support and counseling, educational and vocational programming, mentorship opportunities, financial literacy and other wrap-around services aimed at supporting our youth as they transition out of the system.

The bill also makes substantive updates to the Juvenile Delinquency Act to provide more accountability for young people. It extends the supervised release period for juveniles exiting detention to help them transition back into the community. It also adds "voluntary manslaughter" to the definition of a "youthful offender." Youth charged as a youthful offender may face either adult or juvenile sanctions based upon their individual amenability to treatment.

"HB 255 makes it clear to young people that there are serious consequences for their actions, while also opening doors to opportunities that can help them turn their lives around," said sponsor Rep. Art De La Cruz (D-Albuquerque). "By increasing both accountability and rehabilitation resources, we can improve the safety of our communities now and in the long run."

Additionally, the bill launches a three-year pilot program to provide continuity of care by way of monthly stipends for young people who age out of foster care or community-based services. These funds could be used to help cover living expenses while they pursue higher education, apprenticeships, workforce development training, or programs to help them secure employment.

HB 255 is also sponsored by Rep. Anita Gonzales (D-Las Vegas) and Michelle Paulene Abeyta (D-To'hajiilee), as well as Senators Antonio Maestas (D-Albuquerque) and Linda Lopez (D-Albuquerque).

This session, House Democrats are focused on making communities safer and improving the well-being of New Mexico's children and families.

"The safety of our communities starts with the safety and well-being of New Mexico's children," saidHouse Speaker Javier Martínez (D-Albuquerque). "By implementing thoughtful solutions for prevention, accountability, and rehabilitation, we can help our young people escape cycles of crime and poverty, and create brighter futures for themselves and all of New Mexico."

This year's budget, House Bill 2, which has already passed the House, dedicates $4 million to a Next Generation Fund, which will work with community organizations on youth development and family stability projects across New Mexico.

A robust public safety package, House Bill 8, and bills to expand and transform access behavioral healthcare across the state Senate Bill 1 and Senate Bill 3, have already been signed into New Mexico law.

The House has also passed House Bill 12 to make it easier for law enforcement to use the state's red flag law to temporarily remove firearms from people who may be a danger to themselves or others.House Bill 340, which is headed to the House Floor, would help New Mexico law enforcement solve cold cases by allowing them to test DNA of deceased individuals who were arrested for a felony, but passed away before being charged, to be entered into the federal DNA database.

This year's budget also continues the legislature's strong support of law enforcement, including:

$10 million to building the capacity of local law enforcement agencies
$4 million to law enforcement recruitment and retention
Significant funding for state police raises, vehicles, equipment, and repair

Members of the public are welcome to attend floor sessions and committee meetings at the New Mexico Roundhouse, and can tune in virtually through the New Mexico Legislature's Webcasts tab. Public comment can also be provided in-person, and via phone or Zoom as directed on the daily schedule.