Case 1:25-mc-00004 Document 29 Filed 10/29/25 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
REGARDING TEMPORARY JUVENILE
DETENTION IN ADULT FACILITIES 25-MC-00004-29
ADMINISTRATIVE ORDER
This matter comes before the Court to establish a uniform procedure for the temporary secure
detention of juveniles in adult facilities throughout the District of New Mexico (DNM), pursuant to Title
18, United States Code, Section 5035, when suitable juvenile detention alternatives are unavailable.
It appearing to the Court that circumstances often necessitate the secure holding of juveniles
charged with federal offenses and that the availability of certified juvenile facilities within the DNM is
limited, the Court finds it necessary to establish the criteria and conditions for utilizing adult detention
facilities on a temporary basis.
IT IS HEREBY ORDERED that, upon a finding by the presiding Judicial Officer that the secure
detention of a juvenile is necessary and that no suitable or acceptable certified juvenile facility is
immediately available or willing to accept the juvenile in a timely manner, a juvenile may be held
temporarily at an approved adult detention facility within or near the District.
IT IS FURTHER ORDERED that any such temporary detention must strictly comply with the
requirements of Title 18, United States Code, Section 5035, including:
1. The juvenile shall not have regular contact with adult persons convicted of a crime or awaiting
trial on criminal charges.
2. Insofar as possible, the juvenile shall be kept separate from adjudicated delinquents.
IT IS FURTHER ORDERED that the United States Marshals Service (USMS) alert the Judicial
Officer and the juvenile’s counsel of their intention to hold a juvenile at an approved adult detention
facility pursuant to this order prior to doing so. Moreover, the USMS should advise the Judicial Officer
Case 1:25-mc-00004 Document 29 Filed 10/29/25 Page 2 of 2
and the juvenile’s counsel about the location of the facility and the anticipated length of the temporary
hold.
IT IS FURTHER ORDERED that the USMS, or other agency responsible for custody, shall
ensure that the adult facility and all necessary personnel take all steps required to rigorously enforce the
separation and supervision requirements of 18 U.S.C. § 5035 at all times during the juvenile’s detention.
Furthermore, the detaining Judicial Officer has the authority to impose additional requirements on the
adult detention facility as necessary to vindicate the constitutional rights of the juvenile.
IT IS SO ORDERED.
DONE this 29th day of October, 2025.
FOR THE COURT:1
/s/
KENNETH J. GONZALES2
CHIEF UNITED STATES DISTRICT JUDGE
1 For the court, pursuant to Administrative Order Misc. No. 83-252.
2 Please note that this document has been electronically filed. To verify its authenticity, please refer to the Digital
File Stamp on the NEF (Notice of Electronic Filing) accompanying this document. Electronically filed documents
can be found on the court’s PACER public access system.
Notices
1:25-mc-00004 Administrative Orders
U.S. District Court
United States District Court - District of New Mexico
Notice of Electronic Filing
The following transaction was entered on 10/29/2025 at 2:53 PM MDT and filed on 10/29/2025
Case Name: Administrative Orders
Case Number: 1:25-mc-00004
Filer:
Document Number: 29
Docket Text:
ADMINISTRATIVE ORDER: In the Matter of Regarding Temporary Juvenile Detention in Adult Facilities (cg)
1:25-mc-00004 Notice has been electronically mailed to:
1:25-mc-00004 Notice has been delivered by fax to:
1:25-mc-00004 Notice has been delivered by USPS to:
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1167529506 [Date=10/29/2025] [FileNumber=14195154
-0] [6bf8cac4003ad828208d94b1cfbf5eb19d8b684670ebc8b42a0f792f635a8ad65
daf7ba9fe5a9fbcc65aeeb3ba0e0444872642bf617ae46190fd3c3a8640b520]]
