Local Rule LR13-301. Technical violation program for adult probationers.

[Related Statewide Rule 5-805 NMRA] A. Program established. This judicial district establishes a technical violation program (TVP) for adult probationers on supervised probation allowing automatic sanctions to occur for technical violations of a probation agreement. B. Assignment to program. The court in its discretion, and with the approval of the probationer, shall order placement of a probationer into the TVP at any time during the probationer’s period of supervised probation. A probationer in the TVP shall waive the probationer’s right to any probation violation procedures and hearings, under Rule 5- 805 NMRA, if found to have committed a technical violation. C. Technical violations defined. Technical violations of a probation agreement consist of the probationer (1) having a positive urine test for drugs or alcohol; (2) possessing alcohol; (3) missing a counseling appointment; (4) missing a community service appointment; (5) an educational appointment; or (6) failing to inform the probation officer of a traffic citation received. D. Sanctions. Sanctions for violations in the TVP are as follows: (1) first violation - up to three (3) days in jail; (2) second violation - up to seven (7) days in jail; (3) third violation - up to fourteen (14) days in jail; and (4) fourth violation - up to twenty-one (21) days in jail. E. Removal from the program. After a fourth technical violation a probationer may be subject to removal from the TVP and subsequent violations may be prosecuted under Rule 5-805 NMRA. F. Other sanctions for technical violations precluded. Sanctions imposed under the TVP preclude further sanctions for the probation violation.