Rule 10-247. Amenability hearing.

A. Definition. For purposes of this rule, an “amenability hearing” is an evidentiary hearing to determine if the child is not amenable to treatment or rehabilitation as a child in available facilities and if the child is not eligible for commitment to an institution for children with developmental disabilities or mental disorders. B. Separate proceeding. An amenability hearing is a separate proceeding from an adjudicatory hearing and a subsequent dispositional or sentencing hearing. The court shall not impose adult sanctions without holding an amenability hearing. C. Time. Except for good cause shown, the amenability hearing, (1) shall be held after the trial or the entry of an admission or of a plea of no contest; and (2) shall begin no later than thirty (30) days after the date the trial was concluded or the admission or plea was entered. D. Rules of evidence. An amenability hearing is not a dispositional hearing under Rule 11-1101 NMRA. The rules of evidence, therefore, shall apply. E. Burden of proof. The burden is on the state to prove that the child is not amenable to treatment or rehabilitation as a child in available facilities and that the child is not eligible for commitment to an institution for children with developmental disabilities or mental disorders. F. Findings. The Court shall make findings on the record on each of the following factors: (1) the seriousness of the alleged offense; (2) whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; (3) whether a firearm was used to commit the alleged offense; (4) whether the alleged offense was against persons or against property, greater weight being given to offenses against persons, especially if personal injury resulted; (5) the maturity of the child as determined by consideration of the child’s home, environmental situation, social and emotional health, pattern of living, brain development, trauma history, and disability; (6) the record and previous history of the child; (7) the prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the child by the use of procedures, services, and facilities currently available; and (8) any other relevant factor. G. Disclosure by the state. The state must disclose to the defense not later than ten (10) days prior to an amenability hearing what witnesses and evidence the state will rely on to prove each factor listed in Paragraph D of this rule. H. Disclosure by the child. The child must disclose to the state not later than ten (10) days prior to an amenability hearing what, if any, witnesses and evidence will be presented on the child’s behalf.