Local Rule LR5-301. 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 an order of probation or probation agreement. B. Assignment to program. The court, in its discretion, and with the knowing and voluntary consent of the probationer, may order placement of a probationer into the TVP at any time during the probationer’s period of supervised probation. Prior to placement in the TVP, the probationer shall be advised that the probationer is waiving rights to any probation violation procedures and hearings under Rule 5-805 NMRA if the probationer is found by the Adult Probation and Parole Office (APPO) to have committed a technical violation. C. Technical violations defined. Technical violations of an order of probation or probation agreement mean any violation that does not involve new criminal charges. D. Sanctions. Sanctions for violation in the TVP are as follows: (1) first violation: up to three (3) days in jail and up to ten (10) hours of community service; (2) second violation: up to seven (7) days in jail and up to twenty (20) hours of community service; (3) third violation: up to fourteen (14) days in jail and up to thirty (30) hours of community service; and (4) fourth violation: up to twenty-one (21) days in jail and up to forty (40) hours of community service. E. Additional services allowed. The TVP does not limit the APPO from referring the probationer to counseling or other services. F. Removal from the program. After a hearing, a probationer may be subject to removal from the TVP so that subsequent violations may be prosecuted under Rule 5- 805 NMRA for the following reasons: (1) committing a fifth technical violation; (2) incurring new criminal charges; (3) absconding from supervision; or (4) on motion by a party or the court. G. Other sanctions for technical violations precluded. Sanctions imposed under the TVP for a particular probation violation preclude further sanctions for that probation violation, but the judge may consider the probationer’s removal from the TVP at sentencing.