Rule 10-225. Detention hearing; conditions of release.

A. Detention hearing. A detention hearing shall be held within one (1) day from the time (1) the petition is filed if the respondent child is in detention at the time the petition is filed; (2) the respondent child is placed in detention if the respondent child is placed in detention after the petition is filed; or (3) the respondent child is placed in detention with or without a warrant for failure to comply with the conditions of release or failure to appear. B. Adult detention on juvenile warrant. When a person who is eighteen (18) years of age or older is taken into custody and transported to an adult facility and a juvenile warrant exists, a detention hearing shall be held within one (1) day from the time of compliance with the notice requirements of Section 32A-2-12(F) NMSA 1978. C. Notice of detention. If the respondent child is taken into custody and detained, the court shall give oral or written notice of the detention hearing to the children’s court attorney, public defender, and probation services. Probation services shall make a reasonable effort to give oral or written notice of the time and place of the detention hearing to the respondent child and, if they can be found, to the parents, guardian, or custodian of the respondent child. D. Conditions of release. The court shall review the need for detention under the Delinquency Act, [Sections 32A-2-1 to -33 NMSA 1978]. If none of the criteria for detention exist, the court shall release the respondent child on the respondent child’s written promise to appear before the court at a stated time and place or impose the first of the following conditions of release which will reasonably assure the appearance of the respondent child at the adjudicatory hearing or, if no single condition gives that assurance, any combination of the following conditions: (1) place the child in the custody of a designated person or organization agreeing to supervise the child; (2) place restrictions on the travel, association, or place of abode of the child during the period of release; (3) impose any other condition deemed reasonably necessary to assure appearance as required, including a condition requiring that the child return to detention as required. E. Review. A denial of release may be reviewed at any time. F. Violation of conditions of release. If the child fails to appear at a subsequent court hearing or violates a condition of release, the children’s court may order the child taken into custody. G. Special master. The provisions of Paragraphs A through E of this rule may be carried out by a magistrate or special master.