HOUSE BILL 514

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Marianna Anaya and Cristina Parajón

 

 

 

 

 

AN ACT

RELATING TO CRIME; AMENDING DEFINITIONS IN THE PROBATION AND PAROLE ACT; PROVIDING PROCEDURES FOR SANCTIONS FOR TECHNICAL VIOLATIONS FOR A PAROLEE WHO VIOLATES THE CONDITIONS OF RELEASE OR PROBATION; PROVIDING FOR THE DEVELOPMENT AND IMPLEMENTATION OF A GRADUATED RESPONSE SYSTEM FOR PROBATION AND PAROLE VIOLATIONS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 31, Article 20 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] GRADUATED RESPONSES--TRAINING PROGRAM--SYSTEM PLAN REPORT.--

          A. The corrections department shall develop and implement a system of graduated responses to be used in response to behavior while on probation and parole, including technical violations and absconding as defined in Section 31-21-5 NMSA 1978 and positive behavior and achievements.

          B. The system of graduated responses shall set forth presumptive sanctions for the most common types of supervision violations and take into account factors such as:

                (1) the severity of the current violation;

                (2) the supervised individual's previous criminal record;

                (3) the number and severity of any previous supervision violations;

                (4) the supervised individual's assessed risk level; and

                (5) the extent to which graduated sanctions were imposed for previous violations.

          C. The system shall also define positive reinforcements that supervised individuals shall receive for compliance with conditions of supervision.

          D. The system shall clearly specify as to each type of sanction whether the supervised individual has the option to object and seek review of imposition of the sanction.

          E. The presumptive sanctions included in the system of graduated responses shall be exhausted prior to pursuing a return for revocation pursuant to Sections 31-21-14 and 31-21-15 NMSA 1978.

          F. The corrections department shall establish and maintain a program of initial and ongoing training for probation and parole officers on the use of graduated sanctions, including a review process as provided in Subsection D of this section.

          G. The corrections department shall present the system plan to the legislature no later than January 1, 2026, and the system shall be implemented no later than July 1, 2026."

     SECTION 2. Section 31-21-5 NMSA 1978 (being Laws 1978, Chapter 41, Section 1, as amended) is amended to read:

     "31-21-5. DEFINITIONS.--As used in the Probation and Parole Act:

          A. "probation" means the procedure under which an adult defendant, found guilty of a crime upon verdict or plea, is released by the court without imprisonment under a suspended or deferred sentence and subject to conditions;

          B. "parole" means the release to the community of an inmate of an institution by decision of the board or by operation of law, subject to conditions imposed by the board and to its supervision;

          C. "institution" means the state penitentiary and any other similar state institution hereinafter created;

          D. "board" means the parole board;

          E. "director" means the director of the adult probation and parole division of the corrections department or any employee designated by the director;

          F. "adult" means any person convicted of a crime by a district court;

          G. "geriatric inmate" means a person who:

                (1) is serving a sentence and is confined in a prison or other correctional institution under the control of the corrections department;

                (2) is fifty-five years of age or older;

                (3) suffers from a debilitating and chronic infirmity, illness or disease related to aging; and

                (4) does not constitute a danger to the person's own self or to society at the time of review;

          H. "permanently incapacitated inmate" means a person who:

                (1) is serving a sentence and is confined in a prison or other correctional institution under the control of the corrections department;

                (2) by reason of an existing medical condition is permanently and irreversibly physically incapacitated; and

                (3) does not constitute a danger to the person's own self or to society at the time of review; [and]

          I. "terminally ill inmate" means a person who:

                (1) is serving a sentence and is confined in a prison or other correctional institution under the control of the corrections department;

                (2) has an incurable condition caused by illness or disease that will, within reasonable medical judgment, produce death within six months; and

                (3) does not constitute a danger to the person's own self or to society at the time of review;

          J. "absconding" means when a person on supervision willfully makes the person's whereabouts unknown or fails to report for the purposes of avoiding supervision, and reasonable efforts to locate the person have been unsuccessful;

          K. "screening and assessment" means a preliminary appraisal of a person and a determination of whether the person needs and, if so, will accept on a voluntary basis a comprehensive evaluation, treatment, referral and other appropriate services, either on an inpatient or an outpatient basis;

          L. "technical violation" means the violation of conditions of probation or parole, other than: 

                (1) an arrest for a new crime;

                (2) absconding;

                (3) having contact with the victim or a witness for the case under which the individual is on supervision; and

                (4) a violation of a permanent or temporary order of protection issued by the court pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978;

          M. "validated risk and needs assessment instrument" means an actuarial tool scientifically proven to determine a person's risk to reoffend and criminal risk factors that, when properly addressed, can reduce that person's likelihood of committing future criminal behavior; and

          N. "violation response guidelines" mean objective, standardized procedures for responding to violations." 

     SECTION 3. Section 31-21-14 NMSA 1978 (being Laws 1955, Chapter 232, Section 17, as amended) is amended to read:

     "31-21-14. RETURN OF PAROLE VIOLATOR.--

          A. At any time during release on parole, and after exhaustion of all appropriate graduated responses pursuant to Section 1 of this 2025 act, the board or the director may issue a warrant for the arrest of the released [prisoner] parolee for violation of any of the conditions of release or issue a notice to appear to answer a charge of violation. The notice shall be served personally upon the [prisoner] parolee. The warrant shall authorize the [superintendent] warden of the institution from which the [prisoner] parolee was released to return the prisoner to the actual custody of the institution or to any other suitable detention facility designated by the board or the director. If the [prisoner] parolee is out of the state, the warrant shall authorize the [superintendent] warden to return [him] the parolee to the state.

          B. If graduated responses have been exhausted, the director may arrest the [prisoner] parolee without a warrant or may deputize [any] an officer with power of arrest to do so by giving [him] the officer a written statement setting forth that the [prisoner] parolee has, in the judgment of the director, violated the conditions of [his] the parolee's release. Where an arrest is made without a warrant, the [prisoner] parolee shall not be returned to the institution unless authorized by the director or the board. Pending hearing as provided by law upon any charge of violation, the [prisoner] parolee shall remain incarcerated in the institution.

          C. Upon arrest and detention, or service of a notice to appear, the board shall cause the [prisoner] parolee to be promptly brought before it for a parole revocation hearing on the parole violation charged, under rules [and regulations] the board may adopt. If violation is established, the board may continue or revoke the parole or enter any other order as it sees fit.

          D. For a violation that constitutes a technical violation, the board shall:

                (1) for the first technical violation, temporarily revoke supervision and impose a period of incarceration of up to fifteen days;

                (2) for the second technical violation, temporarily revoke supervision and impose a period of incarceration of up to thirty days;

                (3) for the third technical violation, temporarily revoke supervision and impose a period of incarceration of up to ninety days; and

                (4) for the fourth and subsequent technical violations, revoke supervision and impose a period of incarceration not to exceed the remainder of the parolee's sentence.

          E. The board may impose a period of incarceration beyond the periods outlined in Subsection D of this section if the board finds that additional detention is necessary for the parolee's rehabilitation or public safety and the board describes, on the record, the basis for the extended period of incarceration.

          [D.] F. A [prisoner] parolee for whose return a warrant has been issued shall, if it is found that the warrant cannot be served, be a fugitive from justice. If it appears that [he] the parolee has violated the provisions of [his] the parolee's release, the board shall determine whether the time from the date of the violation to the date of [his] the parolee's arrest, or any part of it, shall be counted as time served under the sentence.

          G. The board may issue sanctions for technical violations that are harsher than those in the graduated schedule of sanctions for an individual currently serving a period of supervision under a suspended, deferred or conditional discharge from a plea or conviction that includes a serious violent offense as enumerated in Subparagraphs (a) through (n) of Paragraph (4) of Subsection L of Section 33-2-34 NMSA 1978; provided, however, that the court may only issue said harsher sanction if it finds by clear and convincing evidence that there is a direct relationship between the individual's technical violation and the underlying serious violent offense pursuant to Section 33-2-4 NMSA 1978 for which the individual is currently on supervision."

     SECTION 4. Section 31-21-15 NMSA 1978 (being Laws 1963, Chapter 301, Section 13, as amended by Laws 2016, Chapter 27, Section 1 and by Laws 2016, Chapter 31, Section 1) is amended to read:

     "31-21-15. RETURN OF PROBATION VIOLATOR.--

          A. At any time during probation, and after the exhaustion of graduated responses pursuant to Section 1 of this 2025 act:

                (1) the court may issue a warrant for the arrest of a probationer for violation of any of the conditions of release. The warrant shall authorize the return of the probationer to the custody of the court or to any suitable detention facility designated by the court;

                (2) the court may issue a notice to appear to answer a charge of violation. The notice shall be personally served upon the probationer; or

                (3) the director may arrest a probationer without warrant or may deputize any officer with power of arrest to do so by giving the officer a written statement setting forth that the probationer has, in the judgment of the director, violated the conditions of the probationer's release. The written statement, delivered with the probationer by the arresting officer to the official in charge of a county jail or other place of detention, is sufficient warrant for the detention of the probationer. Upon the probationer's arrest and detention, the director shall immediately notify the court and submit in writing a report showing in what manner the probationer has violated the conditions of release.

          B. The court shall then hold a hearing, which may be informal, on the violation charged. If the violation is established, the court may:

                (1) continue the original probation; [or]                 (2) revoke the probation and either order a new probation with any condition provided for in Section 31-20-5 or 31-20-6 NMSA 1978 or require the probationer to serve the balance of the sentence imposed or any lesser sentence; or

                (3) temporarily revoke probation for a technical violation and impose a fixed period of incarceration pursuant to Subsection D of this section.

          C. If imposition of sentence was deferred, the court may impose any sentence that might originally have been imposed, but credit shall be given for time served on probation.

          D. For a violation that constitutes a technical violation, the court shall:

                (1) for the first technical violation, temporarily revoke supervision and impose a period of incarceration for up to fifteen days;

                (2) for the second technical violation, temporarily revoke supervision and impose a period of incarceration for up to thirty days;

                (3) for a third technical violation, temporarily revoke supervision and impose a period of incarceration of up to ninety days; and

                (4) for the fourth and subsequent technical violation, revoke supervision and impose a period of incarceration not to exceed the length of the original sentence imposed prior to the suspension in lieu of probation.

          E. The court may impose a period of incarceration beyond the periods outlined in Subsection D of this section if the court finds that the additional detention is necessary for the probationer's rehabilitation or public safety and the court describes, on record, the basis for the extended period of incarceration.

          [C.] F. If it is found that a warrant for the return of a probationer cannot be served, the probationer is a fugitive from justice. After hearing upon return, if it appears that the probationer has violated the provisions of the probationer's release, the court shall determine whether the time from the date of violation to the date of the probationer's arrest, or any part of it, shall be counted as time served on probation. For the purposes of this subsection, "probationer" means a person convicted of a crime by a district, metropolitan, magistrate or municipal court.

          [D.] G. The board shall budget funds to cover expenses of returning probationers to the court. The sheriff of the county in which the probationer was convicted is the court's agent in the transportation of the probationer, but the director, with the consent of the court, may utilize other state agencies for this purpose when it is in the best interest of the state.

          H. The court may issue sanctions for technical violations that are harsher than those in the graduated schedule of sanctions for an individual currently serving a period of supervision under a suspended, deferred or conditional discharge from a plea or conviction that includes a serious violent offense as enumerated in Subparagraphs (a) through (n) of Paragraph (4) of Subsection L of Section 33-2-34 NMSA 1978; provided, however, that the court may only issue a harsher sanction if the court finds by clear and convincing evidence that there is a direct relationship between the person's technical violation and the underlying serious violent offense for which the person is currently on supervision."

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