Rule 10-213 Initiation of youthful offender proceedings; probable cause determination.

A. Notice of intent. Within ten (10) days after the filing of a petition, the children’s court attorney may file with the children’s court a notice of intent to seek adult sanctions if the child is alleged to be a youthful offender under Section 32A-2-3(J) NMSA 1978. The court may extend the time for filing of a notice of intent to seek adult sanctions, for good cause shown, provided that such time shall not be extended to more than thirty (30) days after the filing of a petition.

B. Probable cause determination.

(1) Timing. Unless the child waives the right to a probable cause determination, such a determination shall be made within ten (10) days from the last to occur of the following:

(a) the filing of a notice of intent to seek adult sanctions; or

(b) the filing of a peremptory election to excuse a judge under Rule 10-162 NMRA.

(2) Extensions of time. The children’s court, for good cause shown, may extend the time for a probable cause determination, provided that such time shall not be extended to more than thirty (30) days from the last to occur of Subparagraph (B)(1)(a) or (b) under this rule.

(3) How determined. Probable cause shall be determined in a preliminary examination as provided in Rule 5-302 NMRA or by a grand jury as provided in Rule 5-302A NMRA, provided that the time limits set forth in this rule shall apply.

C. No finding of probable cause. If, after a preliminary examination or grand jury proceeding, no finding of probable cause is made that the child committed a youthful offender offense, one of the following provisions shall apply:

(1) if there is probable cause to believe that the child has committed a delinquent act, the indictment or bind over order shall be made part of the record, and the case shall proceed under these rules as they apply to delinquent children; or

(2) if there is no probable cause to believe that the child has committed any offense, the court shall discharge the child and dismiss the petition without prejudice.

D. Failure to comply with time limits; remedy. Absent a showing of exceptional circumstances, a failure to comply with the time limits set forth in this rule shall require proceeding under these rules as they apply to delinquent children and shall preclude imposing adult sanctions against the child.