Local Rule LR2-307. Technical violation program.

[Related Statewide Rule 5-805 NMRA] A. Program established. In accordance with Rule 5-805 NMRA, the Second Judicial District Court establishes a technical violation program (STEPS) for adult probationers on supervised probation allowing automatic sanctions to occur for technical violations of a probation agreement. B. Voluntary participation; waiver of certain probation violation procedures. Participation in STEPS is voluntary. A probationer who consents to automatic sanctions for a technical violation of the conditions of probation in STEPS acknowledges that he or she waives any right to the probation violation procedures outlined in Rule 5-805(D)- (L) NMRA and agrees not to contest the alleged technical violation of probation. C. Technical violations defined. Technical violations of a probation agreement consist of the following acts or events: (1) urine tests positive for drugs, including spice and pep, or for alcohol if prohibited by order of probation, except where exempted by the judge in the notice and order authorizing STEPS; (2) possessing alcohol, if prohibited by an order of probation; (3) missing a counseling appointment or group session; (4) missing a community service appointment; (5) missing an educational appointment; (6) failing to inform the probation officer of a traffic citation received; (7) moving without permission from the probation officer; and (8) any other violations other than a new criminal offense. D. Sanctions. The imposition of any sanction by probation and parole requires a supervisor’s approval. Sanctions for violations in STEPS are as follows: (1) first violation: three (3) days of community service; (2) second violation: five (5) days of community service; (3) third violation: seven (7) days in jail; and (4) fourth violation: no bond hold, possible removal from STEPS after a hearing, and immediate referral to the Second Judicial District Court for a hearing subject to the provisions of Rule 5-805(D)-(L) NMRA. E. Failure to complete community service. If a probationer fails to complete any part of the community service imposed under the sanctions described in Paragraph D of this rule, the probationer shall be incarcerated for the balance of time remaining under the sanction. F. Participation in detox program. At any incremental sanction level, probation and parole may seek incarceration for a period of time sufficient to allow the probationer to participate in the detox program at MDC. In such cases, probation and parole shall make an immediate referral to the Second Judicial District Court, which may hold a hearing under Rule 5-805(D)-(L) NMRA, unless the probationer waives his or her right to such a hearing for purposes of entering the detox program. G. Additional sanctions for same violation prohibited. Once sanctions under STEPS are imposed, a probationer shall not be subject to further probation violation sanctions on the same probation violation unless the probationer fails to comply with the imposed sanctions. H. Notice and order; probationer’s responsibility. It is the probationer’s responsibility to furnish a signed copy of LR2-Form 708 NMRA, Notice and Order authorizing STEPS, to probation and parole. STEPS shall not be authorized without a copy of LR2-Form 708 NMRA being provided to probation and parole.