11th Judicial District Court Pretrial Services
Executive Summary

MISSION STATEMENT:

§  Screen the adult pretrial felony arrestee population for release suitability.

§  To provide the court with factually accurate information via a written report with release recommendations.

§  PTS then supervises defendants who the court considers to be at "high" risk of failure and danger to the community.

GOALS AND OBECTIVES:

Pretrial Services goal is to maximize defendant release rates at the earliest possible time after arrest while minimizing failure to appear and danger to the community. We achieve this goal through our continuous screening process and the supervision options made available to the courts.

HISTORY:

The program was initiated by Judge G. Harrison in 1998 and began operation in August of 1998. It was funded by San Juan County in conjunction with the City of Farmington, New Mexico.  The method of operation has been adopted from the Federal Pretrial Services/Probation program. The staff now consists of three people and is jointly funded by the State of New Mexico and San Juan County.

AUTHORITY OF PROGRAM:

New Mexico Criminal and Traffic Law, Article 4, Release Provisions, 5-401—5-407. Article 4, Release Provisions 5-401. C & D

C.  Factors to be considered in determining conditions of release - The court shall, in determining the type of bail and which conditions of release will reasonable assure appearance of the person as required and the safety of any other person and the community, take into account the available information concerning:

1)     The nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a narcotic drug;

2)     The weight of evidence against the person;

3)     The history and characteristics of the person, including;

a)     The person’s character and physical and mental condition;

b)    The person’s family ties;

c)     The person’s employment status, employment history and financial resources;

d)    The person’s past and present residences;

e)     The length of residence in the community;

f)     Any facts tending to indicate that the person has strong ties to the community;

g)    Any facts indicating the possibility that the person will commit new crimes if released;

h)     The person’s past conduct, history and record concerning appearance at court proceedings; and

i)      Whether, at the time of the current offense or arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal or completion of an offense under federal, state or local law;

4)     The nature and seriousness of the danger to any person or the community that would be posed by the person’s release; and

5)     Any other facts tending to indicate the person is likely to appear.

D. Additional conditions; condit5ions to assure orderly administration of justice  - The court, upon release of the defendant or any time thereafter, may enter an order, that such person’s release be subject to:

1)     The condition that the person not commit a federal, state or local crime during the period of release; and

2)     The least restrictive of, or combination of, the following conditions the court finds will reasonably assure the appearance of the person as required, the safety of any other person and the community and the orderly administration of justice;

a)     A condition that the person remain in the custody of a designated person who agrees to assume supervision and to report any violation of a person is able reasonably to assure the court that the person will appear as required and will not pose a danger to the safety of any other person or the community;

b)    A condition that the person maintain employment, or, if unemployed, actively seek employment;

c)     A condition that the person maintain or commence an educational program;

d)    A condition that the person abide by specified restrictions on personal associations, place of abode or travel;

e)     A conditions that the person avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense;

f)     A condition that the person report on a regular basis to a designated pretrial services agency or other agency agreeing to supervise the defendant;

g)    A condition that the person comply with a specified curfew;

h)     A condition that the person refrain from possessing a firearm, destructive device or other dangerous weapon;

i)      A condition that the person refrain from excessive or any use of alcohol and any use of a narcotic drug or other controlled substance without a prescription by a licensed medical practitioner.

j)      A condition that the person undergo available medical, psychological or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose;

k)     A condition that the person submit to a urine analysis or alcohol test upon request of a person designated by the court;

l)      A condition that the person return to custody for specified hours following release for employment, schooling, or other limited purposes;

m)   A condition that the person satisfy any other condition that is reasonable necessary to assure the appearance of the person as required and to assure the safety of any other person and the community.