Local Rule LR7-301. 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 a probation agreement. B. Assignment to the 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 by the Adult Probation and Parole Office (APPO) to have committed a technical violation. C. Technical violation defined. Under Rule 5-805(C) NMRA, a technical violation of a probation agreement means any violation that does not involve new criminal charges. D. Sanctions. Sanctions for violations 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; and 3. third violation: up to fourteen (14) days in jail and up to thirty (30) hours of community service. E. Additional services allowed. The TVP does not limit the APPO from referring the probationer to counseling or any other services. F. Removal from the program. A probationer shall be removed from the TVP after a hearing for the following reasons: 1. committing a fourth technical violation; 2. incurring new criminal charges; 3. absconding from supervision; or 4. on motion, for good cause shown. G. Other sanctions for technical violations precluded. Sanctions imposed under the TVP for a particular probation violation preclude further sanctions for that probation violation.