Saturday, August 23, 2008

County targets truancy

Curfew ordinance amendments aired

Julia M. Dendinger News-Bulletin Staff Writer; jdendinger@news-bulletin.com

With the hopes of cutting down on truancy, the Valencia County Commission approved the publication of a truancy amendment to its existing curfew ordinance.

On a 4-1 vote, the commission authorized the publication of the name and general description of the amendment emphasizing that there will be a pubic hearing held before the amendment is voted on. The matter will be heard at the commission's Sept. 10 public hearing.

County attorney David Pato said, in the drafting of the amendment, both the Albuquerque and Capitan truancy ordinances were reviewed. "This allows local law enforcement to cite juveniles who are truant during the day," he said.

Commissioner Lynette Pinkston said that, during discussions, District Attorney Lemuel Martinez made a request for a truancy ordinance. Rather than write a new, separate ordinance, Pinkston said, it was thought that it would be better to amend the county's existing curfew ordinance.

"Truancy is a problem throughout the county," she said. "When kids aren't in school, they are often in other people's houses, possibly stealing, creating graffiti and causing problems that could ultimately lead to the county paying for them to be in detention."

Rebecca Vigil, a children's court attorney with the DA's office, said currently the police often see children out of school and they can't do anything until a crime is committed. "This will let them speak to the child and ask them, 'Should you be in school? Do you need me to take you to school?' This prevents larger crimes from being committed," she said.

Pato pointed out that the officer always has the discretion whether to issue a citation in the first place.

The draft amendment makes it an offense for any person under the age of 17 to remain in a public place within the county during the hours when the minor is required to be in attendance at either a public or private school.

There are several defenses for being out of school during school hours listed in the amendment, including being a high school graduate, employment or an alternative form of education and parental consent.

If the amendment is adopted, each offense, upon conviction, is punishable by a $50 fine for the first offense, $75 for the second offense and $100 for the third offense or up to five days imprisonment for the second and subsequent offenses.

Commissioner David Medina said that the cost of the penalties would fall back to the parents.

Vigil said in most juvenile cases, community service is usually ordered instead of the fine or imprisonment.

Pato added that the good parents make the kids pay back the fine. "They will have the child get a job and pay them back," he said.

Pinkston pointed out that the county already has a curfew ordinance for evening hours in place. "Most people probably don't realize that, but we do," she said.

The current curfew ordinance mandates that juveniles have to be in by 11 p.m. Sunday through Thursday and 12:01 a.m. Friday and Saturday.

Commission Chair Pedro Rael asked if Pato and Vigil were aware of the due process pitfalls associated with this kind of ordinance.

"The Albuquerque ordinance allows officers to question juveniles during school hours," Vigil said. "It has not been challenged."

Commissioner Ron Gentry confirmed that there would be a public hearing for input on the amendment. "Are you prepared to answer questions about profiling and such?" he asked. Both Pato and Vigil indicated they were prepared to answer those concerns.

Pinkston said that the Los Lunas school district offers a school ID with a schedule printed on the back. "The district has said it is willing to print schedules for others — private and home schooled students," she said.

Rael asked if the amendment would be enforceable only outside the municipalities. Pato said he believed the county can cross-deputize law enforcement officers in the municipalities so that they can enforce the ordinance.

Vigil also said she believed it will have jurisdiction in the municipalities.

When Rael called for the vote he, Pinkston and Georgia Otero-Kirkham voted yes. Medina voted no. After a moment of contemplation, Gentry also voted yes. "I'm voting yes to hear it. You had better be able to answer everyone's questions," he said, indicating Pato and Vigil.

Pinkston said the municipalities have been sent copies of the proposed amendment. Rael asked that they be made aware of the publication of the proposed ordinance amendment and that it would be going forward to a public hearing.

Gentry said he would also like to have a letter of endorsement from the two school districts. "I want to be cautious about doing the overlays on municipalities with their own sovereignty," he said.

The current county curfew ordinance can be found on the county's Web site at www.co.valencia.nm.us. Copies of the proposed amendment can be obtained by contacting the county manager's office at 866-2014.

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