HOUSE BILL 469

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Gail Chasey

AN ACT

RELATING TO CRIMINAL PROCEDURE; ESTABLISHING A TECHNICAL VIOLATION OF PROBATION EXPEDITED RELEASE PROGRAM FOR JUDICIAL DISTRICTS; ESTABLISHING A COMMISSION AND SETTING FORTH ITS DUTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. TECHNICAL VIOLATION OF PROBATION EXPEDITED RELEASE PROGRAM--ESTABLISHED.--Each judicial district shall institute a program establishing sanctions for probationers who commit certain technical violations of the conditions of their probation and then agree to certain automatic sanctions for those violations. Prior to its institution, the program shall be submitted for approval to the supreme court in the same manner as rules submitted under Rule 102 of the New Mexico Rules of Criminal Procedure for the District Courts. As used in this section, "technical violation" means any violation of a condition of probation that does not allow for new criminal charges.

     SECTION 2. TECHNICAL VIOLATION OF PROBATION EXPEDITED RELEASE PROGRAM COMMISSION--MEMBERSHIP--DUTIES.--

          A. Each judicial district shall form a commission composed of the local district attorney, the district public defender, the chief administrative judge, a representative of the adult probation and parole division of the corrections department who works with individuals in that judicial district and a representative of each county commission for the judicial district.

          B. The commission shall adopt policies and procedures for the operation of the judicial district's technical violation of probation expedited release program. The policies shall provide, at a minimum, for the probationer to:

                (1) not contest the alleged violation of probation;

                (2) submit to sanctions in accordance with the local judicial district rule; and

                (3) waive the provisions of Paragraphs D through L of Rule 805 of the New Mexico Rules of Criminal Procedure for the District Courts.

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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