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NM SB39

NM SB39
Limit Incarceration For Technical Violations


summary

Introduced
01/16/2024
In Committee
Crossed Over
Passed
Dead
01/16/2024

Introduced Session

2024 Regular Session

Bill Summary

AN ACT RELATING TO CRIMINAL JUSTICE; LIMITING INCARCERATION FOR TECHNICAL VIOLATIONS OF PROBATION AND PAROLE; ALPHABETIZING DEFINITIONS.

AI Summary

This bill limits incarceration for technical violations of probation and parole in New Mexico. It specifies that for a first technical violation, the court or parole board can only impose up to three days of non-detention sanctions like community service or behavioral health treatment. For a second violation, the limit is five days of non-detention sanctions, and for a third violation, the limit is seven days of incarceration. The court or parole board can impose longer sentences only if they find additional detention is necessary for the person's rehabilitation or public safety. The bill also defines key terms like "absconding," "standard violation," and "technical violation." Additionally, it requires the parole board to issue a notice to appear for a technical violation rather than an arrest warrant, unless the person is a flight risk or danger to the community.

Sponsors (3)

Last Action

Action Postponed Indefinitely (on 01/16/2024)

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