New Mexico 2023 Regular Session

New Mexico Senate Bill SB84

Introduced
1/17/23  
Report Pass
1/30/23  
Report Pass
2/9/23  
Engrossed
2/15/23  
Report Pass
3/1/23  
Report Pass
3/11/23  
Enrolled
3/16/23  

Caption

Probation & Parole Violation Changes

Impact

If enacted, SB84 will amend existing statutes to categorize technical violations of probation and parole distinctly, allowing for less severe penalties. The proposed limits on incarceration duration — three days for the first violation and increasing for repeat offenses — suggest that the bill is intended to alleviate the burden on the correctional system by reducing the number of individuals incarcerated for non-threatening behaviors. This shift is anticipated to promote a rehabilitative approach, focusing on behavioral health treatments and community service over punitive measures.

Summary

SB84, titled 'Probation & Parole Violation Changes', aims to reform the management of probation and parole violations in New Mexico. The bill specifically limits incarceration for technical violations, which are defined as violations not posing a threat to the individual or the community. This legislative change is designed to encourage rehabilitation over punishment for these minor infractions, and it moves away from the more stringent practices that often lead to unnecessary incarceration for individuals who do not pose a risk to public safety.

Sentiment

The sentiment surrounding SB84 appears to be predominantly positive among lawmakers advocating for reform in the criminal justice system. Proponents argue that the bill represents a critical step towards more humane treatment of individuals under supervision and a move away from punitive measures that can exacerbate recidivism. However, there may be concerns regarding the balance of public safety and the need for accountability among individuals on probation and parole, indicating a degree of contention among stakeholders about the best methods for managing these populations.

Contention

Notable points of contention include the concerns raised by some lawmakers and community groups about the potential implications for public safety. Critics argue that lower incarceration rates for serious violations might send the wrong message about accountability and deterrence. Furthermore, there may be skepticism about the adequacy of alternative measures, such as community service and behavioral health treatments, to effectively address violations while ensuring that public safety remains a priority.

Companion Bills

No companion bills found.

Previously Filed As

NM HB514

Probation & Parole Changes

NM SB375

Probation & Parole Changes

NM SB39

Limit Incarceration For Technical Violations

NM HB1417

Parole and probation violations and court fees; to provide for a legislative management study; and to provide a penalty.

NM SB501

Provides relative to violations of probation and parole. (8/1/18)

NM HB0163

Adult Probation and Parole Amendments

NM HB11

Provides relative to sanctions for violation of probation or parole conditions (Item #3) (EN INCREASE GF EX See Note)

NM SB125

Modifies provisions relating to technical violations while on parole

NM HB807

Provides relative to probation and parole violations

NM SB2359

Parole; revise technical violation.

Similar Bills

NM HB514

Probation & Parole Changes

NM SB39

Limit Incarceration For Technical Violations

NV AB32

Makes various changes relating to criminal justice. (BDR 14-263)

DE SB4

An Act To Amend Title 11, Title 13, And Title 29 Of The Delaware Code Relating To The Criminal Justice System, Including Probation.

NV AB25

Revises provisions relating to offenders. (BDR 16-296)

OR SB339

Relating to crime.

CO HB1257

2022 Criminal And Juvenile Justice Commission Recommendations

FL H0611

Criminal Sentencing