A.Defense of insanity. Unless upon good cause shown the court waives the time requirement of this rule, notice of the defense of insanity of the respondent child at the time of the commission of the delinquent act or alleged youthful offender offense must be given within ten (10) days after whichever of the following events occurs latest:(1) service of the petition;(2) an attorney is appointed or enters an appearance on behalf of the respondent child; or(3) a notice is filed of an intent to seek adult sanctions.B.Mental examination. Upon motion and upon good cause shown the children's court judge shall order a mental examination of the respondent child.C.Determination of issue of insanity. When the defense of insanity at the time of the commission of the delinquent act or alleged youthful offender offense is raised, the issue shall be determined in nonjury trials by the court and in jury trials by a special verdict of the jury. When the determination is made and the respondent child is discharged on the ground of insanity, a judgment dismissing the petition with prejudice shall be entered, and any proceedings for commitment of the respondent child because of any mental disorder or developmental disability shall be pursuant to law.D.Statement made during mental examination or treatment. A statement made by the child during a mental examination or treatment subsequent to the commission of the alleged delinquent act or alleged youthful offender offense shall not be admissible in evidence in any criminal or delinquency proceeding before or at adjudication on any issue other than that of the child's sanity, ability to form specific intent or competency to participate in the proceedings.E.Notice of incapacity to form specific intent. If the respondent child intends to call an expert witness on the issue of whether the respondent child was incapable of forming the specific intent required as an element of an alleged delinquent act or alleged youthful offender offense, notice of such intention shall be given in the same manner and time as notice of insanity as a defense. N.M. R. Child. Ct. 10-241
As amended, effective 1/1/1987; as amended and recompiled effective 5/15/2000; Rule 10-220 NMRA, recompiled and amended as Rule 10-241 NMRA by Supreme Court Order No. 08-8300-042, effective 1/15/2009; as amended by Supreme Court Order No. 14-8300-015, effective for all cases filed on or after12/31/2014. ANNOTATIONS The 2014 amendment, approved by Supreme Court Order No. 14-8300-015, effective December 31, 2014, provided that the ten day limitation period for filing a notice of the defense of insanity commences when a notice of intent to seek adult sanctions is filed; in the title, after "commission of", deleted "delinquent act" and added "alleged offenses"; deleted former Paragraph A, which required a notice of the defense of insanity to be filed within ten days after service of the petition or after an attorney was appointed or entered an appearance on behalf of the child, whichever event occurred last; added current Paragraph A; and in Paragraphs C, D and E, after "delinquent act", added "or alleged youthful offender offense". The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, in Paragraph A, deleted "In delinquency proceedings"; deleted the subparagraph letter for former Subparagraph (1) of Paragraph A; deleted former Subparagraph (2) of Paragraph A which provided for the determination of the defense of insanity by the court or by a special jury verdict and for the dismissal of the petition with prejudice upon a finding of insanity; and in Paragraph D, changed "psychiatric" to "mental" and changed "delinquency proceeding on any issue" to "delinquency proceeding before or at adjudication on any issue". The 2000 amendment, effective for cases filed in the Children's Court on and after May 15, 2000, in Paragraph A, substituted the bold heading "Defense of insanity" for "Notice of insanity as a defense" and added Subparagraph A(2); deleted "before making any determination of competency" following "child" at the end of Paragraph B; in Paragraph C, substituted "by the child" for "by a person", inserted "criminal or delinquency" preceding "proceeding", substituted "of the child's" for "of respondent's", inserted "ability to form specific intenet or" and "to participate in the proceedings"; and, in Subsection E substituted "the respondent child" for "he". Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-220 NMRA was recompiled as Rule 10-241 NMRA, effective January 15, 2009.