New Mexico HB 263: Probation and Parole Act

SECTION 9. A new section of the Probation and Parole Act is enacted to read:
“[NEW MATERIAL] INCENTIVES–SANCTIONS FOR TECHNICAL VIOLATIONS.–
A. The adult probation and parole division of the corrections department shall create and implement an incentives and sanctions system to guide responses to negative and positive behavior by probationers and parolees under the supervision of the department. The system shall provide for graduated responses to technical violations of supervision conditions, in a swift, certain and proportional manner, and include guidance and procedures to determine when and how to:
(1) request a warrant;
(2) initiate a hearing; and
(3) seek departmental approval to use custodial interventions.
B. To implement and continuously improve the incentives and sanctions system, the adult probation and parole division shall:
(1) provide information and training on the system for probation and parole officers of the division and members and staff of the board;
(2) offer information and training on the system to judges, prosecution and defense attorneys, law enforcement personnel, detention center personnel, contracted service providers and other interested personnel;
(3) review the system at least every five years to ensure that it adheres to evidence-based practices and that the use of sanctions and incentives by probation and parole officers is consistent across the state;
(4) ensure that the guidance and procedures established by the system consider community safety and the needs of the victim and offender;
(5) collect data relating to placement decisions based on the system; and
(6) aggregate collected data and provide a report to the appropriate legislative interim committee dealing with courts, corrections and justice issues every two years.
C. A probation and parole officer who reasonably believes that a probationer or parolee has committed one or more technical violations that require a sanction shall consult the incentives and sanctions system to determine an appropriate response. Consistent with the system, the officer may impose a non-detention sanction to gain the person’s compliance with the conditions of probation or parole.
D. Graduated sanctions for technical violations may include three-day and seven-day detention in a county jail or other place of detention. Sanctions served in detention shall be counted as time served under the sentence.”
SECTION 10. A new section of the Probation and Parole Act is enacted to read:
“[NEW MATERIAL] TECHNICAL VIOLATIONS.–
A. If a probation and parole officer seeks to impose detention for a technical violation, the officer shall review the violation and proposed detention with a supervisor.
B. With supervisory approval, the probation and parole officer shall review the violation and proposed detention with the probationer or parolee and seek a signed waiver from the probationer or parolee that acknowledges the violation and accepts the proposed detention.
C. If the waiver for a probationer is rejected, the probation and parole officer shall promptly report the alleged violation to the court. If the waiver for a parolee is rejected, the probation and parole officer shall promptly report the alleged violation to the board and proceed to formal resolution.
D. The probation and parole officer’s written report of a technical violation shall include the officer’s recommendation and justification as to final action or resolution of the situation. The officer’s recommendation is not binding on the court.”