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A MEMORIAL

REQUESTING A STUDY ON THE NEED FOR PROBATION SERVICES IN THE

MAGISTRATE COURTS.

WHEREAS, magistrates have jurisdiction in all criminal

cases of misdemeanors and petty misdemeanors, including

offenses under local ordinances; and

WHEREAS, magistrates adjudicate most of the offenses

committed for driving under the influence of intoxicating

liquor or drugs and for domestic violence; and

WHEREAS, magistrates see many offenders return to their

courts on the same or similar offenses; and

WHEREAS, depending on the offender and the nature of the

offense, magistrates may impose a suspended or deferred

sentence and require community service, treatment, education,

installation of an ignition interlock device or other

conditions of probation; and

WHEREAS, magistrates are unable to determine whether an

offender has complied with the conditions of probation because

no probation services are available for the magistrate courts;

and

WHEREAS, without probation officers to supervise those

on probation, the orders of magistrates are rendered

meaningless and without force; and

WHEREAS, the misdemeanor compliance program was enacted

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in 2000 to allow counties to alleviate the problem of

unsupervised probation in the magistrate courts, but the

program has been either insufficiently funded or is not viable

in many counties;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

REPRESENTATIVES OF THE STATE OF NEW MEXICO that the

administrative office of the courts be requested to convene a

task force that includes a representative from the adult

probation and parole division of the corrections department,

the magistrate judges association and other relevant and

interested entities or organizations to study the extent of

and explore methods for addressing the need for probation

services in the magistrate courts; and

BE IT FURTHER RESOLVED THAT the administrative office of

the courts report to the appropriate interim legislative

committee on the recommendations of the task force, including

any recommendations for a pilot project, no later than

November 2008; and

BE IT FURTHER RESOLVED THAT a copy of this memorial be

transmitted to the administrative office of the courts.