[LWVNM Action] SB 84

[Ann LePage]

Very helpful.

Ann
On Sat, Jan 21, 2023 at 9:28 AM Barbara Calef via Action <
action at mailman.swcp.com> wrote:

> 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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