NM HB334

Competency evaluations for children in delinquency proceedings must include a qualified professional's opinion on whether the child is competent for adjudication and, if not competent, whether the child meets criteria for involuntary placement or commitment

Children found incompetent who are not dangerous may be ordered to participate in community-based nonresidential treatment programs for up to 90 days, with progress reports due at 30 days and a court review hearing at 90 days

Children found incompetent and dangerous may be placed in secure residential treatment facilities for competency restoration, with the department required to admit the child within 30 days and provide progress reports

Courts must conduct review hearings within 90 days of involuntary placement orders to determine if the child has been restored to competency or is making progress toward restoration within 9 months

For children charged with serious violent offenses who cannot be restored to competency, courts may hold an evidentiary hearing requiring clear and convincing evidence of guilt, with maximum commitment until age 25 for those found to have committed the offense while remaining incompetent and dangerous