8.14.7.14

SUPERVISED RELEASE REVOCATIONS

1. 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.
2. 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.

3. 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.

4. D. If there is a finding of probable cause at the preliminary supervised release violation hearing, a retake warrant is issued. The juvenile is returned to the facility from which he or she was released pending the final violation hearing before the panel. The hearing examiner sends the panel a copy of the supervised release violation report and the testimony, facts and conclusions, with the retake warrant, within ten days of the preliminary supervised release violation hearing. The hearing examiner may make recommendations for the panel’s consideration at the final violation hearing.
5. E. If the hearing examiner does not find probable cause at the preliminary supervised release violation hearing, the juvenile is released and continues supervised release on the terms of the release agreement, including any modifications that have been approved by the panel. A report is submitted to the panel within ten (10) working days of the preliminary supervised release violation hearing.

6. F. Final supervised release violation hearing.

   (1) The final supervised release violation hearing is conducted by the panel. The panel makes the final determination whether to continue the supervised release or whether and how to modify the terms of the supervised release agreement.

   (2) A final supervised release violation hearing will be held within ninety days from the date the department retakes custody of the juvenile. The panel can make reasonable exceptions to this rule for good cause.

   (3) The panel requests the New Mexico public defender department to represent the juvenile, unless a private attorney is secured by the juvenile.

   (4) The panel notifies the juvenile, the juvenile’s parent or guardian, and the juvenile’s attorney of the hearing date at least ten working days in advance.

   (5) The panel may consider and grant requests for postponement or continuance from the juvenile or attorney; time limits will be adjusted accordingly.

   (6) The juvenile cannot re-litigate issues determined in the preliminary supervised release violation hearing.

   (7) At the final supervised release violation hearing, the juvenile is entitled to the following:

   (a) right to silence;

   (b) right to an attorney;

   (c) right to present evidence and witnesses;

   (d) right to confront and cross-examine adverse witnesses (except where the panel determines, in writing, that the witnesses are in danger of harm or there is other good cause for not allowing confrontations);

   (e) right to be informed of the evidence against him;

   (f) right to a neutral hearing panel; and

   (g) right to a written statement by the panel of the reasons for revoking supervised release.

   (8) The panel’s chairperson grants permission to call witnesses not heard at the preliminary supervised release violation hearing. Such requests may be made by either the juvenile or by panel members.

   (9) The panel’s chairperson determines the admissibility of evidence. Judicial rules of evidence shall not apply.

   (10) All materials admitted in the preliminary supervised release violation hearing are admitted at the final violation hearing.

   (11) The panel may accept or reject the hearing examiner’s preliminary revocation recommendations and may enter any other disposition it deems appropriate.

   (12) After the hearing is concluded, the panel presents its decision to the juvenile, attorney, parents, guardians or custodians.

   (13) If supervised release is revoked, the juvenile is remanded to the custody of the juvenile facility.

   (14) If the violated conditions of supervised release resulted from the commission of a new delinquent offense or criminal act, the juvenile will not be re-scheduled for a supervised release hearing.

   (15) If supervised release is revoked and the juvenile is re-released in the same action, the juvenile will be required to abide by all original or modified conditions of supervised release. This new release date will be determined by the panel. The institution shall conduct a re-release orientation.

   (16) The final supervised release violation hearing is electronically recorded.

[8.14.7.14 NMAC - N, 7/16/2009]