From detention to probation, and everything in between

As I read news stories about the criminal justice system, a continuing theme involves the incarceration or jailing of people. These terms generically capture a gamut of terms like, detention, confinement and imprisonment; other associated terms include probation and parole. Often times, these terms are used interchangeably and can be a bit confusing; this column hopes to clarify these terms.

The state, counties or municipalities may operate jails, prisons and other detention facilities or they employ private contractors to do the same.

Here in Valencia County, we have the Valencia County Detention Center, administered by the county, and the Central New Mexico Correctional Facility, administered by the state. There are no private prisons or detention centers in Valencia County. Additionally, Valencia County has neither a juvenile detention center nor a juvenile corrections facility.

The Valencia County Detention Center houses individuals awaiting trial and individuals confined for periods of less than one year. New Mexico Department of Corrections houses inmates sentenced to more than one year.

Liberty is a fundamental right under the U.S. Constitution. Individuals housed in correctional facilities have this right suspended after a determination by a court in accordance with the requirements of law.

Detention typically involves individuals charged with a crime but not convicted of any crime. After an arrest and based upon a probable cause determination that an individual has committed a crime or violated a court order, an individual may be held past 48 hours.

Brief periods of investigative detention are allowed when a police officer has reasonable suspicion that a crime has been committed, like a traffic stop. Additionally, after an arrest, a person is detained pending a review by a judge to determine whether there is probable cause for the charge.

People charged with a crime have a right under the New Mexico Constitution to remain free while awaiting trial, except under limited circumstances. District, magistrate and metropolitan courts set conditions under which defendants are released from custody pretrial. Courts can impose a monetary bond as a release condition if they determine it is necessary to assure a defendant will return to court for future hearings.

In New Mexico, a person charged with a felony may be held in jail to await trial if prosecutor’s request pretrial detention and prove to a district court by clear and convincing evidence that no release conditions will reasonably protect public safety.

If not held, a court sets conditions of release for the defendant. In all instances, conditions include a requirement not to violate any federal, state, or local criminal law. Conditions can also include a wide range of options to include GPS monitoring, placement of a curfew or requirement for pretrial supervision. If a released individual violates conditions of their release, they are subject to arrest and continued detention following a hearing.

Probation and incarceration are possible sentencing outcomes for people convicted of crimes.

Probation is a defined period of time that a person must follow court-ordered mandates when released into the community to serve their sentence. These mandates will include a requirement not to violate any federal, state, or local criminal law. They may also include options such as completion of a course, paying restitution, random drug testing or attending treatment.

Probation can be either supervised or unsupervised. If supervised, the individual must report to a supervising agency — such as the New Mexico Probation and Parole Division — for a specified period to complete their court-ordered mandates. If unsupervised, the individual is responsible for following court requirements, such as completing a driver’s improvement school and providing proof of that to the court.

If a person is ordered to confinement in a county jail or state prison, it is for a specific period of time. This period can be reduced if the individual receives “good time” credit for good behavior or completing an educational degree or an approved vocational, substance abuse and mental health programs. Good time credit cannot exceed more than half of the imposed sentence. Good time credit may be forfeited due to misbehavior.

In county jails, good time is awarded, with the approval of a judge, for good behavior or for work performed. For individuals in state prison, state statute authorizes good time and the N.M. Department of Corrections administers it.

Persons convicted of certain crimes are not eligible for good time credit. Additionally, the amount of good time is limited if a court determines an offender was convicted of a crime that constitutes a serious violent offense under the law.

In New Mexico, inmates are eligible for parole after serving their full basic sentence of imprisonment as imposed by the court. Parole is not discretionary but is mandatory. For life sentences, parole eligibility begins when an inmate has served 30 years of their life sentence.

At initial sentencing, a defendant can be sentenced to a period of incarceration, probation, or both followed by a period of probation and parole. Every period of incarceration in a state prison is followed by a parole term that can be one or two years, depending on the underlying offense.

The New Mexico Adult Parole Board is an independent agency that reports to the governor, operates under the New Mexico Corrections Department, and has statutory authority to grant, deny, revoke or modify parole.

Individuals sentenced to confinement and/or probation are under the authority of their sentencing court, who retains the authority to revoke an individual’s probation for violations and send them to prison, or jail for the remainder of their sentence and/or to pay a fine.

Incarceration is a profoundly serious consideration for a judge. An incarcerated person loses their right to liberty. Even a brief period of incarceration can significantly impact a person’s life.

At a training I attended many years ago, a senior judge wisely stated, jails and prisons serve a vital part of public safety, but they are only one tool in the possible ranges of sentencing. In other words, do not grab a hammer when another tool will do the job.