Section 31-18-15.3 - Serious youthful offender; disposition. - New Mexico Statutes

31-18-15.3. Serious youthful offender; disposition.

A.     An alleged serious youthful offender may be detained in any of the following places, prior to arraignment in metropolitan, magistrate or district court:   

(1)     a detention facility for delinquent children, licensed by the children, youth and families department;   

(2)     any other suitable place, other than a facility for the care and rehabilitation of delinquent children, that meets standards for detention facilities, as set forth in the Children's Code [32A-1-1 NMSA 1978] and federal law; or   

(3)     a county jail, if a facility described in Paragraph (1) or (2) of this subsection is not appropriate.   

B.     When an alleged serious youthful offender is detained in a juvenile detention facility prior to trial, the time spent in the juvenile detention facility shall count towards completion of any sentence imposed.   

C.     At arraignment, when a metropolitan or district court judge or a magistrate determines that an alleged serious youthful offender should remain in custody, the alleged serious youthful offender may be detained in an adult or juvenile detention facility, subject to the facility's accreditation and the provisions of applicable federal law.   

D.     When an alleged serious youthful offender is found guilty of first degree murder, the court shall sentence the offender pursuant to the provisions of the Criminal Sentencing Act. The court may sentence the offender to less than, but not exceeding, the mandatory term for an adult.  The determination of guilt becomes a conviction for purposes of the Criminal Sentencing Act.   

E.     Prior to the sentencing of an alleged serious youthful offender who is convicted of first degree murder, adult probation services shall prepare a presentence report and submit the report to the court and the parties five days prior to the sentencing hearing.   

F.     When the alleged serious youthful offender is convicted of a lesser offense than first degree murder, the court shall provide for disposition of the offender pursuant to the provisions of Section 32-2-19 or 32-2-20 NMSA 1978 [32A-2-19 or 32A-2-20 NMSA 1978].  When an offender is adjudicated as a delinquent child, the conviction shall not be used as a conviction for purposes of the Criminal Sentencing Act.