McKinley County NM Juvenile Detention Center located in Gallup, NM and is classified as low security juvenile detention center within the county of McKinley, NM Juvenile Justice System.
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The McKinley County NM Juvenile Detention Center is within the jurisdiction of the McKinley County Juvenile Justice System located at 109 Hassler's Valley Road, Gallup, NM. We encourage you to review these questions and answers! If you have a question, let us know and we will answer it for you.
A status offense is a violation of the juvenile code which, if that same act were committed by an adult, would not be a violation of the law. There are only five status offenses recognized by New Mexico law.
They are: (1) truancy, (2) incorrigible child, (3) runaway child, (4) behavior or associations injurious to the welfare of the child and (5) the child is charged with an offense not classified as criminal or applicable only to children.
The juvenile will be released to the juvenile’s custodian or another suitable person unless substantial reasons exist for detaining the juvenile. Generally, appropriate reasons for detention in reference to delinquent acts may include, but are not limited to:
1. Alleged acts resulting in serious bodily injury or property damage/loss which constitutes a felony.
2. Acts of misconduct that placed any person or the general public at risk of serious harm.
3. Acts of misconduct involving a weapon or sexual offense.
4. Circumstances that indicate the juvenile is a significant flight risk and in need of protection.
A juvenile may only be detained in a detention facility as specified by the court and may not be detained in any jail or other adult detention facility.
The Juvenile Officer or designee has the authority to authorize the detention of a juvenile for a period of fewer than twenty-four hours. The Court must authorize continued detention for a period of more than twenty-four hours.
Juveniles may be handcuffed as needed to ensure the safety of all parties, including the juvenile. Juveniles under the age of thirteen should not be handcuffed as a matter of general practice unless the juvenile is combative r a threat to themselves.
Any juvenile taken into custody for offenses that would constitute a felony if committed by an adult shall be fingerprinted and photographed. This is a statutory requirement and consent by the Juvenile Division is not required. For misdemeanors, a juvenile’s fingerprints and photographs may be obtained only by a juvenile court order from the judge.
Yes. However, before an in-custody interview or interrogation may begin, a juvenile must be advised by the Juvenile Officer or a designee trained by the Juvenile Officer of each their rights. The admissibility of any juvenile statement is determined by circumstances on a case-by-case basis.
Yes. A juvenile may waive the right to have a parent, guardian, or custodian present, but the parent must be present and advised of the juvenile’s right to an attorney and remain silent, and the juvenile must be given the opportunity to consult with the parent, guardian, or custodian as to the waiver of the aforesaid rights.
1. The right to remain silent;
2. The right to an attorney and if the juvenile is unable to afford an attorney, that one will be provided;
3. Any statement made to the Juvenile Officer or Juvenile Division personnel may be used in later Juvenile Division proceedings;
4. That if the juvenile indicates in any manner at any time in the interview, they do not wish to be questioned further, the questioning will stop; Any statement to law enforcement or persons other than the Juvenile Officer or Juvenile Division personnel may be used against the juvenile in the event the juvenile is prosecuted as an adult.