New MexicoProposal says courts may impose available sentences after possession probation violations
The proposal would let courts impose any originally available sentence if a person with a suspended or deferred possession sentence breaks probation.
What it does
If a person whose possession sentence was suspended or deferred breaks a probation condition, the court may impose any sentence available for the original offense. Time spent on probation does not count toward that sentence.
Argument forCourts may be better able to enforce probation conditions because they could impose a sentence available for the original offense after a violation.
Argument againstA person who breaks probation could face any sentence available for the original offense, with no credit for time spent on probation.
More detail
A court may impose any sentence it could have imposed originally if the person breaks a probation condition. This applies to a person sentenced under this section for controlled-substance possession. The rule applies when the sentence was suspended or deferred in whole or in part. The person receives no credit for time spent on probation.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 24action postponed indefinitelyLatest
- Feb 4germane
- Feb 3Sent to Senate Committees' Committee & Senate Judiciary Committee & Senate Finance CommitteeIntroduced
Criminal Justice