[LWVNM Action] SB 84

[Barbara Calef]

Action Committee,

Rebeca Chaiken is a retired probation officer who worked in Washington,
D.C. and Minnesota.  I asked her opinion of SB 84 Parole and
Probation Changes.  This is her comment:

On Sat, Jan 21, 2023 at 9:12 AM Rebecca Chaiken <rebecca.chaiken at gmail.com>
wrote:

> From a probation officer’s perspective, technical violations are
> significant.  The Court has allowed the defendant an opportunity to comply
> and the PO’s responsibility is to enforce the Court’s order. If a defendant
> violates conditions of release the Court is notified (but not necessarily
> after the first or second infraction - it kind of depends upon the
> circumstances).  The PO doesn’t necessarily ask for revocation - sometimes
> it is just a notification. It is when a defendant continues to violate the
> conditions is when the PO will ask the Court for sanctions or revocation.
>
> It appears that this bill limits the options for the Court - Judges have
> usually been opposed to being required to do something (like the original
> federal sentencing guidelines) or required not to do something (like
> revoke).
>
> Because I don't know much, if anything, about criminal justice in New
> Mexico, it’s hard for me to comment other than to say I don’t like the idea
> of being limited in terms of “punishment” for violating the terms of
> probation. Also technical violations can range from minor (e.g., not
> working regularly) to drug use and associating with known felons or those
> involved in crimes. This bill - if I read it correctly - does not
> distinguish the type of technical violation (or even the number of
> violations).
>
> Also - drug use as technical violation could endanger the defendant and
> the public…
>

Barbara
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