SB 141 — PROBATION & PAROLE SANCTIONS

Bill Text

• Introduced introduced version Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes new procedures for imposing sanctions for technical violations of probation and parole, requiring that non-incarceration sanctions be applied before detention.

• Probation and Parole Act

  [NEW MATERIAL] SANCTIONS FOR TECHNICAL VIOLATIONS.--

  Introduces a new section on sanctions specifically for technical violations.

• A probation and parole officer shall determine whether sanctions are necessary for a technical violation and, if they are, may impose graduated non-detention sanctions for a technical violation in the following manner:

  Clarifies that probation and parole officers can use graduated non-detention sanctions for technical violations.

• for a first violation sanction, up to three days of community service, restrictive curfew, global positioning system monitoring or other non-detention sanction;

  Establishes specific non-detention sanctions for first violations of probation or parole.

• for a second violation sanction, up to five days of community service, restrictive curfew, global positioning system monitoring or other non-detention sanction.

  Establishes specific non-detention sanctions for second violations of probation or parole.

• If a probationer or parolee fails to complete any part of the community service imposed pursuant to Subsection B of this section, the probationer or parolee shall be detained in a county jail for the remainder of the community service term specified in that subsection.

  Imposes a jail term if community service is not completed.

• This prohibition on cumulative punishment shall also apply to conduct occurring prior to the technical violation, about which the probation and parole officer knew or had reason to know, and that the probation and parole officer did not allege or cite when the probation and parole officer imposed the sanction.

  Prevents cumulative punishments for the same technical violation.

• To impose non-judicial detention sanctions under this section, the director shall issue a written statement to the jail detaining the probationer or parolee affirming that the adult probation and parole division of the corrections department has complied with Subsections A and B of this section and that this statement shall serve as sufficient warrant for detention of a probationer or parolee.

  Establishes a requirement for written justification for non-judicial detention.

• Section 31-18-15 NMSA 1978

  the court shall include in the judgment and sentence of each person convicted and sentenced to imprisonment in a corrections facility designated by the corrections department authority for a period of parole to be served in accordance with the provisions of Section 31-21-10 NMSA 1978 after the completion of any actual time of imprisonment → the court shall include in the judgment and sentence of each person convicted and sentenced to imprisonment in a corrections facility designated by the corrections department authority for a period of parole to be served in accordance with the provisions of Section 31-21-10 NMSA 1978 after the completion of any actual time of imprisonment and authority to require, as a condition of parole, the payment of the costs of parole services and reimbursement to a law enforcement agency or local crime stopper program in accordance with the provisions of that section.

  Clarifies the authority of the court to impose conditions regarding parole services payments.

Action History

1. February 11, 2021

   DO PASS committee report adopted

2. January 31, 2021

   Sent to Senate Health and Public Affairs Committee & Senate Judiciary Committee

Sponsors

• Katy Duhigg · Primary
• Sheryl Williams Stapleton · Primary
• Gail Chasey · Primary

Subjects