Order For Evaluation Of Amenability To Treatment {10-745}

10-745. Order for evaluation of amenability to treatment for youthful offender (requestedby defense counsel).[For use with Sections 32A-2-17(A)(3) and 32A-2-20 NMSA 1978]STATE OF NEW MEXICOCOUNTY OF JUDICIAL DISTRICTIN THE CHILDREN222S COURTIn the Matter of , a Child.No. ORDER FOR EVALUATION OF AMENABILITY TO TREATMENTFOR A YOUTHFUL OFFENDER1This matter came before the court on the motion of defense counsel, and after being fullyadvised, the court ORDERS as follows:1.An evaluation whether the child is amenable to treatment or rehabilitation as a child inavailable facilities and whether the child is eligible for commitment to an institution for childrenwith developmental disabilities or mental disorders shall be performed by (insert name and address of a doctoral levellicensed psychologist who will perform this evaluation)2; the report shall contain, at a minimum,an evaluation whether the child is amenable to treatment or rehabilitation as a child in availablefacilities, whether the child is eligible for commitment to an institution for children withdevelopmental disabilities or mental disorders, and a recommended course of action regardingdisposition in youthful offender proceedings. The report shall address the following factors: (a)the seriousness of the alleged offense; (b)whether the alleged offense was committed in an aggressive, violent,premeditated, or willful manner; (c)whether a firearm was used to commit the alleged offense; (d)whether the alleged offense was against persons or against property, greaterweight being given to offenses against persons, especially if personal injury resulted; (e)the maturity of the child as determined by consideration of the child222s home,environmental situation, social and emotional health, pattern of living, brain development,trauma history, and disability; (f)the record and previous history of the child; (g)the prospects for adequate protection of the public and the likelihood ofreasonable rehabilitation of the child by the use of procedures, services, and facilities currentlyavailable; and (h)any other factor relevant to amenability. 2.Defense counsel shall cause this order to be served so that it is received by the evaluator American LegalNet, Inc. www.FormsWorkFlow.com no later than five (5) days from the date of entry of this order and shall file with the court acertificate of service.3.Child is in detention at or Child222s address and telephone number are .4.If the evaluator is unable to contact the child, the evaluator shall immediately contactdefense counsel, who will contact the child and set up the evaluation or notify the court that theevaluator cannot contact the child.5.A copy of the evaluation report shall be sent to defense counsel who shall serve copies onthe children222s court attorney, defense counsel, and the court [ ]within forty-five (45) days of the date of receipt of this order if the child is incustody.[ ]within sixty (60) days of the date of receipt of this order if the child is not incustody.6.If the child needs to be transported to effect the evaluation, a separate transport orderneeds to be obtained.7.Defense counsel shall file a certificate of service with the court showing the date theevaluation report was received.DISTRICT JUDGEChildren222s Court AttorneyAttorney for ChildUSE NOTE1.This form is for use only in youthful offender cases. 2.The evaluator will be selected from a list supplied by the Children, Youth andFamilies Department.[Adopted by Supreme Court Order No. 11-8300-030, effective September 9, 2011; 10-496Drecompiled and amended as 10-745 by Supreme Court Order No. 16-8300-017, effective for allcases pending or filed on or after December 31, 2016.] American LegalNet, Inc. www.FormsWorkFlow.com