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Did Not Advance

New Mexico HB 334 Establishes New Competency Evaluation and Restoration Procedures for Juveniles in Delinquency Proceedings

Original title: COMPETENCY OF CHILDREN

Last action · February 4, 2026: Not PrintedSponsors: Nicole Chavez and 2 others

Introduced
Committee
Floor Vote
Passed
Law

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Public stanceCommunity reactions are separate from the official record and reporting.

What This Bill Proposed

House Bill 334 establishes detailed evaluation, nonresidential and residential restoration, and review procedures for juveniles facing delinquency charges who may be incompetent to stand trial due to mental disorders or developmental disabilities. The bill suspends delinquency proceedings upon a competency question, mandates specific timelines for evaluation hearings, defines dangerousness criteria for specific violent offenses, and sets pathways for dismissal, treatment, or criminal commitment.

Why it matters

Changes court procedures, treatment timelines, and custody decisions for minors accused of crimes who have mental health conditions or developmental disabilities, directly altering how courts handle competency restoration and involuntary commitments.

Background
  • House Bill 334 was introduced during the 2026 Regular Session of the 57th Legislature of New Mexico by Representative Nicole Chavez with cosponsors Alan T. Martinez and Andrea Reeb. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Minors in delinquency proceedings

Minors whose competency is questioned are subject to mandatory professional evaluations, treatment timelines, potential nonresidential or residential restoration programs, and possible court hearings regarding dangerousness and commitment.

Directly affected

Children, Youth and Families Department

The department retains legal custody during involuntary placements, must admit children for competency restoration within thirty days, and is required to submit initial assessments, progress reports, and certification notices when unable to meet a child's needs.

Directly affected

Children's court attorneys

Attorneys are authorized to use evaluation reports, petition for involuntary placements, and introduce evidence relevant to a child's guilt during disposition hearings.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What happens if a child is found not competent to stand trial and is not considered dangerous?
The court may order the child to participate in a nonresidential treatment or habilitation program for up to ninety days or dismiss the delinquency petition without prejudice in the interests of justice.
What is the maximum timeframe evaluated for restoring a child to competency in residential treatment?
The initial evaluation assesses the probability of the child being restored to competency within nine months from the date the court determined the child is not competent.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · introduced in the House.

Procedural history

1 action
  1. Feb 4, 2026New Mexico Legislature
    Not Printed

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Comprehensive Juvenile Competency Framework

HB 334 replaces prior generalized competency stay provisions with a structured, multi-tiered framework governing evaluations, nonresidential restoration, residential treatment, review hearings, and criminal commitments for incompetent juveniles.

Connected Entities

Andi Reeb, Alan Martinez, State of New Mexico and 2 more
PersonAndi Reeb“Cosponsor of House Bill 334”Map →
PersonAlan Martinez“Cosponsor of House Bill 334”Map →
locationState of New Mexico“Jurisdiction where the legislation is proposed”Map →
PersonNicole Chavez“Primary sponsor of House Bill 334”Map →
OrganizationChildren, Youth and Families Department“State department tasked with legal custody, residential treatment, and competenc”Map →

Sources

Open source document

www.nmlegis.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 75)
  • Controversy45
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz25
    Current news / social attention level

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