Local Rule LR1-306. Technical violation program.

[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 orders of probation. Sex offenders (individuals on probation under Section 31-20-5.2 NMSA 1978, or individuals required to register as sex offenders under Section 29-11A-1 NMSA 1978) are not eligible for the TVP. B. Assignment to program. The court, in its discretion, with the knowing and voluntary consent of the probationer, may order placement of a probationer into the TVP at any time during that person's period of supervised probation. A probationer in the TVP shall be advised prior to being placed in the TVP that the probationer is waiving the right to any probation violation procedures and hearings under Rule 5-805 NMRA if the probationer is found to have committed a technical violation. C. Technical violations defined. Technical violations of an order of probation consist of the probationer (1) having a positive urine or breath test or other scientific means of detection for drugs or alcohol; a positive urine or breath test or other scientific means of detection for drugs or alcohol means an initial test confirmed by further testing or confirmed by an admission to drug or alcohol use by the probationer; (2) possessing alcohol; (3) missing a counseling appointment; (4) missing a community service appointment; or (5) missing an educational appointment. D. Sanctions. Sanctions for technical violations 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. On a fourth technical violation, a probationer shall be removed from the TVP, and subsequent violations that would constitute technical violations under this rule may be prosecuted under Rule 5-805 NMRA. The court may also remove a probationer from the TVP at any time on a probation violation that is not defined as a technical violation by this rule. F. Discretionary reinstatement. The court, in its discretion, may reinstate a probationer into the TVP. G. Other sanctions for technical violations precluded. Sanctions imposed under the TVP preclude further sanctions for the technical violation.