DELINQUENCY ACT CHANGES

SB 326 amends New Mexico's Delinquency Act to change how youth offenders are handled in court. It expands definitions of "serious youthful offender" and "youthful offender," removes requirements for children's court attorneys to consult probation before filing petitions, and eliminates the need for a detention risk assessment before placing a child in detention. The bill also allows 14+ serious youthful offenders to waive an amenability hearing, changes the standard of proof in probation revocation to "preponderance of evidence," and gives courts more flexibility in sentencing and facility placements for youth. These changes directly affect youth aged 14+ involved in the juvenile justice system, courts, and child welfare departments.