A. Counties, municipalities or private organizations, individually or jointly, may apply for grants from the fund, including grants for counties or municipalities to purchase contractual services from private organizations; provided that:

(1) the application is for funding a program with priority use being for delinquents selected pursuant to the provisions of Section 33-9A-5 NMSA 1978;

(2) the applicant certifies that it is willing and able to operate the program according to standards provided by the department, which may include the negotiation of a contract between the delinquent and program staff with provisions such as deductions from employment income for applicable victim restitution, family support, room and board, savings and weekly allowance. In addition to monetary restitution, to the extent practical, or if monetary restitution is not applicable, the contract may include provision for community service restitution for a specific number of hours;

(3) the applicant demonstrates the support of key components of the criminal justice system;

(4) the applicant, if a private organization, demonstrates the support of the county and municipality where the program will provide services;

(5) the applicant certifies that it will utilize volunteer services as an integral portion of the program to the maximum extent feasible; and

(6) no class A county alone or in conjunction with any municipality within a class A county shall receive more than forty-nine percent of any money appropriated to the fund.

B. Notwithstanding the provisions of Subsection A of this section, the department may utilize the fund to place individuals eligible, or within twelve months of eligibility, for parole in community-based settings. The department may, in its discretion, require participation by a delinquent in a program as a condition of supervised release.

C. The department may utilize not more than twenty-five percent of the fund to contract directly for community corrections programs or to establish programs operated by the department; provided, however, that the department may utilize up to an additional ten percent of the fund to operate juvenile community corrections programs if, after a reasonable effort to solicit proposals, there are no satisfactory proposals from a community where it is determined that a program is necessary or if it becomes necessary to cancel a program as provided in the contract.

D. The department shall establish additional guidelines for allocation of funds under the Juvenile Community Corrections Act. An applicant shall retain the authority to accept or reject the placement of any delinquent in a program.

History: Laws 1988, ch. 101, § 42; 1989, ch. 219, § 11; 1991, ch. 201, § 2; 1992, ch. 57, § 49; 1994, ch. 20, § 2; 2005, ch. 234, § 1; 2009, ch. 239, § 67.

The 2009 amendment, effective July 1, 2009, in Subsection B, in the second sentence, after "The", deleted "juvenile parole board" and added "department" and after "as a condition of", deleted "parole pursuant to the provisions of Section 32A-7-6 NMSA 1978" and added "supervised".

Applicability. — Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.

The 2005 amendment, effective June 17, 2005, deleted former Subsection E, which provided for the establishment of a panel to review applications for grants.

The 1994 amendment, effective July 1, 1994, substituted "shall" for "may" in the last sentence in Subsection E.

The 1992 amendment, effective July 1, 1992, substituted "department" for "authority" several times throughout the section.

The 1991 amendment, effective June 14, 1991, deleted "the amount requested is for not more than ninety-five percent of total program costs for the proposed program. The five percent of total program costs provided by the applicant may consist of in-kind administrative services" at the beginning of Paragraph (6) in Subsection A.

The 1989 amendment, effective July 1, 1989, added the last sentence of Subsection E, deleted "adjudicated" preceding "delinquent" several times throughout the section, and made minor stylistic changes throughout the section.