- Law
Enforcement Officers Spend a Disproportionate Amount of Time Arresting
and Booking a DWI Offender.
-
- Process Improvement Project
1.1
- Automate Law
Enforcement Forms and Data Entry;
- Standardize
DWI Process Forms.
- *
- Ease of Implementation:
Longterm
- Suggested Lead Agency:
The Department of Public Safety and the Taxation and Revenue Department.
-
- Problem: Law enforcement
officers complete numerous forms during the DWI process. Manual repetition
of information across forms is common. This adds to process errors and affects
downstream processes leading to case dismissal. Differing information requirements
by detention centers and courts exacerbate the problem. Law enforcement officers
must complete between one and nine forms depending on jurisdiction.
- Benefits: Prevent data
entry errors using automated edit checks. Forms would be more legible and
consistent. Officer efficiency would increase, and form production time would
decrease. Form retrieval for use during trials would also be simplified, and
form printing costs would drop substantially. In addition, transmission of
the electronic information between the officer, the Motor Vehicle Department,
and the courts would make the process more efficient. Standardization of forms
and/or data elements would speed the DWI process, and make future integration
into a centralized information system more efficient.
- Approach: Form a committee
comprised of representatives from each affected agency. The committee should:
obtain relevant forms; assess each based on common and unique data elements;
assess information requirements by agency; develop a core set of data elements
mapped to agency information requirements; analyze hardware and software requirements;
evaluate operational concerns (e.g., patrol car laptops versus desktop units);
and develop agency budgets and investigate funding methods. (Some of the work
of collecting and analyzing forms has been done by this Committee.)
-
Process Improvement Project 1.2
- Standardize
Booking Procedures Statewide.
- *
- Ease of Implementation:
Longterm
- Suggested Lead Agency:
The Department of Public Safety.
-
- Problem: Detention centers
have unique booking procedures and information requirements. Booking times
for officers can range from 30 minutes to more than four hours.
- Benefits: Reduce officer
time at booking, providing them more time to patrol.
- Approach: Identify organizations
or agencies responsible for detention center oversight. Conduct a survey of
statewide booking procedures and forms. Conduct a survey of court data needs
and information requirements. Draft standardized procedures and forms, allowing
detention centers and courts to comment. (May be studied in conjunction with
1.1)
-
Process Improvement Project 1.3
- Law Enforcement
Officers Should Be Able to Transport Offenders to the Nearest Detention
Center.
- *
- Committee Ranking
- Ease of Implementation:
Contingent
- Suggested Lead Agency:
The Department of Public Safety and all affected law enforcement agencies
and detention centers.
-
- Problem: DWI offenders
are currently transported to detention centers that have agreements with specific
law enforcement agencies. For example, State Police must frequently drive
as far as 100 miles each way to book an offender into a county detention center,
while the nearest city jail could be only blocks away.
- Benefits: Officer productivity
and efficiency would increase; patrol area coverage would increase; and DWI
arrests would increase.
- Approach: Identify high
need areas. Discuss critical issues such as drop-off and booking procedures,
cost reimbursement, and transport policies (e.g., to arraignment). Draft legislation
or an agreement in principle; implement this project.
-
Process Improvement Project 1.4
- Strategically
Locate Breath Testing Devices Throughout the State.
- *
- Committee Ranking
- Ease of Implementation: Immediate
- Suggested Lead Agency:
The Scientific Laboratory Division of the Department of Health and
the Department of Finance and Administration.
-
- Problem: In rural areas
of the state, transporting drunk drivers often consumes several hours of a
law enforcement officer's time. Frequently, the officer will drive the offender
to multiple sites prior to booking (e.g., to a breath test facility, then
to a medical facility, and finally to jail). As a result, rural DWI arrests
are expensive, patrol area coverage suffers, and breath test results may be
compromised.
- Benefits: Increased patrol
area coverage. More accurate breath test results.
- Approach: The Scientific
Laboratory Division of DOH will continue to identify current locations of
testing devices. Identify and evaluate multiple stop sites based on a cost/benefit
analysis of moving current equipment vs acquiring additional equipment.
-
- Offenders
Escape the System Frequently and With Little Consequence.
-
Process Improvement Project 2.1
- Require Courts to Input
DWI Warrants into the NMCIC Data Base Maintained by the Department of
Public Safety; Provide Access to the NMCIC Database to All Criminal Justice
Justice Agencies.
- *
- Ease of Implementation:
Longterm
- Suggested Lead Agency:
The Administrative Office of the Courts and the Department of Public Safety
-
- Problem: The statewide
system for misdemeanor warrants is not being used. DWI offenders with outstanding
warrants are often not apprehended outside their home jurisdiction or jurisdiction
where the offense occurred. Law enforcement agencies do not have sufficient
information to arrest scofflaws and judges are unaware of the offender's history.
Transient offenders with multiple warrants frequently evade law enforcement.
- Benefits: Provide sufficient
historical information to law enforcement officers for DWI offenses. Judges
can better determine appropriate bond amounts and sentences. Transients will
no longer evade rightful punishment. DWI sentence violators will be less likely
to continue driving illegally.
- Approach: Analyze statute
or court rule changes needed. Evaluate changes to the Department of Public
Safety information systems and procedures. Analyze the upgrades necessary
to permit courts to communicate with NMCIC. Coordinate with the Administrative
Office of the Courts statewide court automation project. Obtain funding to
implement expanding NMCIC database.
-
-
Process Improvement Project 2.2
- Educate Judges
and Jail Personnel About the Dangers of Releasing DWI Offenders and About
Appropriate Conditions of Release When Jails Are Overcrowded.
- *
- Committee Ranking
- Ease of Implementation:
Immediate
- Suggested Lead Agency:
Judicial Education Center.
-
- Problem: Release of DWI
offenders frequently occurs shortly after booking. Jail personnel and judges
may underestimate the danger in releasing DWI offenders with elevated BACs.
- Benefits: Removes intoxicated
drivers from the road. Underscores that DWI is a serious crime with penalties
and consequences.
- Approach: Collect and analyze
release statistics. Identify detention centers and/or courts with early release
patterns. Develop or update training materials focusing on early release and
its problems. Evaluate funding alternatives to support education programs.
-
Process Improvement Project 2.3
- Increase
the Use of Warrant Roundups Statewide.
- *
- Committee Ranking
- Ease of Implementation:
Immediate
- Suggested Lead Agency:
The Department of Public Safety and the Administrative Office
of the Courts.
- Suggested Lead Agency:
Administrative Office of the Courts.
-
- Problem: The number of
DWI warrants continues to increase throughout New Mexico. Law enforcement
agencies often lack resources to serve outstanding warrants, and information
is often incomplete or out of date.
- Benefits: Lower rates of
failure to appear or comply, and lower recidivism. Increase revenue, and reduce
outstanding warrants.
- Approach: Analyze existing
warrant base to determine quantity, age, and reasons for not serving warrants.
Evaluate corrections and judicial impacts associated with sudden arrest increases.
Assess funding alternatives.
-
Process Improvement Project 2.4
- Evaluate
Technology Options for Enforcing Sentences.
- *
- Committee Ranking
- Ease of Implementation:
Contingent
- Suggested Lead Agency:
Administrative Office of the Courts.
-
- Problem: After an offender
is convicted and sentenced for DWI, monitoring driving activity is difficult,
even following a license suspension. Given the level of DWI offenses statewide,
a non-interactive device could be used to ensure offenders more closely comply
with their sentences.
- Benefits: Additional reinforcement
to keep habitual offenders from driving an automobile. In addition, the number
of individuals with suspended or revoked licenses who continue to drive would
be reduced.
- Approach: Assess existing
projects. Develop a pilot site to evaluate various technology options. Disseminate
data regarding effectiveness, and cost.
-
Process Improvement Project 2.5
- Improve the
Bond Process by Standardizing Protocols for Release; Improve the Information
Available to Judges; Investigate the Elimination of Surety Bonding; Measure
Bond Forfeiture Performance; and Change the Bond Liability Period.
- *
- Committee Ranking
- Ease of Implementation:
Longterm
- Suggested Lead Agency:
The Administrative Office of the Courts.
-
- Problem: There is little
information available to judges setting bonds, so offenders with warrants
outstanding are released with low bonds or no bond at all. Jail overcrowding
forces bonds to be set artificially low or be arbitrarily reduced. Bond forfeiture
is rare, offering little deterrence to offenders who do not appear. As a result,
determining who should be released and who should not is inconsistent.
- Benefits: Additional revenue
for the state, consistent and equitable treatment of defendants, simplified
operation of courts and the criminal system, and improved likelihood of defendants
appearing. Also, courts and jails would release fewer dangerous offenders.
- Approach: Analyze the process,
identify the kinds of information judges need to make appropriate bond setting
decisions, develop curricula for improving judges' and prosecutors' education
about the bonding process, and educate the public about the dangers of releasing
DWI offenders before other types of offenders. This process be as public as
possible to minimize undue political influence.
-
Process Improvement Project 2.6
- Provide Assistance
for Transporting and Extraditing DWI Offenders Across Jurisdictional Boundaries.
- *
- Committee Ranking
- Ease of Implementation: Contingent
- Suggested Lead Agency:
The Department of Public Safety.
-
- Problem: DWI offenders
often avoid prosecution by moving to another county or city. If extradition
is required, county or city law enforcement officers are responsible for transportation
from jurisdiction to jurisdiction. Funding for extradition is frequently limited,
and offenders may be released without extradition depending on the nature
of their offense.
- Benefits: Increases the
number of DWI offenders adjudicated. Escaping the system through transience
will be diminished.
- Approach: Examine alternative
methods of transporting DWI offenders across jurisdictional boundaries (e.g.,
local agencies working with the State Police and Corrections Department to
minimize duplication of resources). Encourage the legislature to establish
a state transportation and extradition fund.
-
Process Improvement Project 2.7
- Change the
Statute to Allow Restitution for DWI Apprehension Expenses as an Authorized
Fee.
- *
- Committee Ranking
- Ease of Implementation:
Contingent
- Suggested Lead Agency:
Administrative Office of the Courts.
-
- Problem: Under the current
statutes, law enforcement agencies and courts are not able to require restitution
from a convicted DWI offender for direct cost reimbursement.
- Benefits: DWI processing
costs would be offset.
-
Approach:
Survey other states to review methods for repayment of and restitution for
DWI costs. Determine if statutes would require amendment. Develop cost reimbursement
approach and implementation plan. Evaluate approach based on expected revenue
versus program administration.
- Courts
and Law Enforcement Agencies Do Not Have Access to All the Information
They Need to Do Their Jobs Effectively.
-
Process Improvement Project 3.1
- Provide Access
to Taxation and Revenue Department's DWI Information Systems.
- *
- Ease of Implementation:
Immediate
- Suggested Lead Agency:
Taxation and Revenue Department.
-
- Problem: The Taxation and
Revenue Department (TRD) collects and maintains extensive information on DWI
offenders. However, some of this information is available only to Motor Vehicle
Division staff. Courts and law enforcement agencies do not have access to
current multiple offender information or pending actions. Some automated court
systems replicate the data submitted to TRD, duplicating efforts and creating
problems with database synchronization.
- Benefits: Provides critical
information on a more timely basis. Eliminates data redundancy across other
information systems. Provides aid to courts when obtaining pre-sentence reports
and prior conviction documentation. Reduces paper document requirements.
- Approach: Identify the
agencies currently accessing TRD's databases and the potential customer base.
Document the benefit in expanding online access to the DWI information systems.
Determine the amount of training that agencies will need to read and interpret
the data in TRD's DWI databases. Assign TRD and information system staff to
jointly develop recommendations and plans for implementation.
-
Process Improvement Project 3.2
- Improve
Positive Identification: Fingerprint All DWI Arrestees; Require that All
Dispositions be Reported to DPS; Provide Remote Access to AFIS Statewide.
- *
- Ease of Implementation:
Contingent
- Suggested Lead Agency:
The Department of Public Safety.
-
- Problem: Currently, when
an officer arrests an offender for DWI, positive identification is not assured.
If the driver possesses a drivers license, the officer may accept it as identification.
When a driver does not have a valid drivers license, they will either be detained
until a family member can positively identify them, or they may be released
based on the information given at booking. In each case, positive identification
is not assured. Without positive identification, incorrect charges may be
brought; adjudication of the wrong person may occur (if a fraudulent ID is
used); and outstanding warrants may not be detected. Without fingerprinting,
positive identification cannot be assured, and criminal history files cannot
be opened or created.
- Benefits: Positive identification
can be assured at arrest, booking, etc. Adequate and sufficient charges can
be filed against the offender. Innocent citizens would be less likely to be
charged as a result of false identification. Criminal history files will be
updated or created.
- Approach: Amend the statutory
requirement to include DWI among the misdemeanor offenses that require fingerprinting.
Ensure that all booking facilities comply with the new statute. Train individuals
with regard to fingerprint techniques, and policies and procedures.
-
Process Improvement Project 3.3
- Implement Electronic
Data Transfer Between Taxation and Revenue Department's DWI Information
Systems and Other Agencies' Information Systems.
- *
- Ease of Implementation:
Longterm
- Suggested Lead Agency:
Taxation and Revenue Department.
-
- Problem: Paper forms are
mailed to the Taxation and Revenue Department (TRD), causing significant delays
in processing. Few agencies share data electronically. There may be hardware
and software incompatibility between the TRD's and other agencies' systems.
- Benefits: Productivity
and data timeliness will improve. Disposition and pending action reporting
will also improve. Data entry errors would be significantly reduced. Law enforcement
officers and attorneys will have accurate and timely information, resulting
in correct charges being filed against offenders and higher conviction rates.
- Approach: Define the required
data elements, data dictionaries, file formats, communications protocols and
hardware/software equipment. Investigate security and data privilege issues.
Determine additional staffing requirements for implementation. Make the project
a priority within TRD and the courts.
-
Process Improvement Project 3.4
- Create
and Implement a Statewide Convicted Offender Sentence Compliance Database.
- *
- Committee Ranking
- Ease of Implementation:
Longterm
- Suggested Lead Agency:
Administrative Office of the Courts.
-
- Problem: A statewide convicted
offender sentence compliance database does not exist. Availability of convicted
offender compliance information varies by jurisdiction, causing monitoring
of DWI sentences to be inconsistent. This forces local jurisdictions to develop
monitoring plans and procedures independently, creating different evaluation
practices with varying degrees of success.
- Benefits: Improved information
for judges to determine appropriate sentences. Consistent and efficient monitoring
and tracking of offenders by probation personnel. Future ability to automatically
tie convicted offender sentence compliance to warrant issuance.
- Approach: Examine existing
sentence compliance information to understand data needs for monitoring sentence
compliance. Evaluate the funding and workforce requirements to collect convicted
offender sentence compliance data statewide. Develop policies and procedures
for the collection, distribution, and analysis of data. Where appropriate,
develop proposals for departments or funding agencies.
-
Process Improvement Project 3.5
- Develop a Statewide
Pre-Sentence Report Format.
- *
- Committee Ranking
- Ease of Implementation:Contingent
- Suggested Lead Agency:
Corrections Department and Children, Youth and Families Department.
-
- Problem: Following conviction,
judges frequently request a pre-sentence report. The report may be as brief
as a driving history from MVD, or as extensive as a complete criminal and
psychological history. Information is obtained from various sources and differs
in content and form.
- Benefits: Provide judges
with consistent information.
- Approach: Identify data
element requirements and sources. Assess each based on function, timeliness,
and availability. The requirements should be based on both a manual information
system, and an automated compliance database. Evaluate various funding alternatives.
-
Process Improvement Project 3.6
Authorize Courts and Public Defenders to Electronically
Obtain Tax, Credit, Employment and Public Assistance Information for Indigency
and Bond Determination.
- *
- Committee Ranking
- Ease of Implementation:
Longterm
- Suggested Lead Agency:
The Office of the Public Defender and the Administrative Office of the
Courts.
-
- Problem: Courts and agencies
making bond and indigency decisions have limited information about the offender
and short timelines to make decisions. Access to existing defendant demographic
and financial data in state and private databases is limited or unavailable.
Information is generally obtained only from the offender.
- Benefits: Faster and more
accurate bond and indigency status determination.
- Approach: Evaluate existing
data sources and their reliability. Evaluate legal ramifications of obtaining
and using the data. Measure the benefits associated with obtaining various
data electronically.
-
- There
Are No Performance Measures or Benchmarks for Agencies.
-
Process Improvement Project 4.1
- Develop and
Track Performance Measures for Agencies Involved in the DWI Process.
- *
- Committee Ranking
- Ease of Implementation:
Longterm
- Suggested Lead Agency:
The State Highway & Transportation Department Traffic Safety Bureau.
-
- Problem: Ensuring that
agencies and individuals are consistently striving to improve their operations
is a crucial component of continuous process improvement. Setting standards
and measuring performances are superior methods for determining when change
may be required. For example, if adjudication timelines are established and
measured, timeline increases may trigger the need for policy or procedure
review. Currently, no measurements or benchmarks exist for New Mexico government
agencies involved in the DWI process. Assessing the effectiveness of each
agency's DWI programs and operations is virtually impossible. It is difficult
to manage what is not being measured.
- Benefits: Issues can be
identified and resolved prior to long-term damage. Agency standards and performance
will likely rise due to accountability.
- Approach: Develop measures
of performance relevant to each agency (e.g., processing time, data quality,
etc.). Determine where measurement information resides and how the data will
be retrieved. Ensure that the performance measurement data is quality assured
and consistent. Obtain legislative support for the performance measure plan.
Develop and approve the implementation plan.
-
Process Improvement Project 4.2
- Replicate This
Project for Juvenile and Tribal DWI Processes.
- *
- Committee Ranking
- Ease of Implementation:
Longterm
- Suggested Lead Agency:
The Children Youth and Families Department for the juvenile process, and
an appropriate Native American organizations for the tribal process.
-
- Problem: The scope of this
project is limited to adult misdemeanor DWI. Juvenile and tribal DWI offenders
are arrested, booked, and adjudicated under separate procedures and laws.
Many of the problems that exist in the adult DWI process also exist in juvenile
and tribal process. In addition, there is little information sharing between
the adult, juvenile, and tribal systems.
- Benefits: Improved processes
for both juvenile and tribal DWI.
- Approach: Gain legislative
support for conducting projects similar in scope. Evaluate intra-tribal and
juvenile processes and procedures.
-
- A
Lack of Guidelines and Training Produces Inconsistent Results.
-
Process Improvement Project 5.1
- Develop Statewide
Screening Guidelines.
- *
- Ease of Implementation:
Immediate
- Suggested Lead Agency:
Department of Health, the State Highway and Transportation Department
Traffic Safety Bureau, and the Department of Finance and Administration.
-
- Problem: Screening DWI
offenders is the initial step toward rehabilitation and ultimately, keeping
drunk drivers off the highway. Currently, standardized screening guidelines
do not exist in New Mexico. This lack of standardization leads to inconsistent
data and analysis, and the inability to compare screening results across jurisdictions.
In addition, different levels of training and education are required depending
on the screening program.
- Benefits: Screening professionals
can better target the type of treatment an offender would require. Sentence
effectiveness would improve since offenders would be channeled to the correct
treatment. Overall process costs would decline with a reduction in recidivism
due to effective treatment.
- Approach: Conduct a survey
of the scope and breadth of existing screening instruments. Evaluate each
screening agency's procedures, information requirements, and comprehensiveness.
Assess the level of agency change required. Draft and publish guidelines for
agency comment. Integrate the guidelines into the Division of Finance and
Administration's County DWI program requirements.
-
Process Improvement Project 5.2
- Develop
Standard Operating Procedures for DWI Hearing Officers.
- *
- Committee Ranking
- Ease of Implementation: Immediate
- Suggested Lead Agency:
Taxation and Revenue Department (Legal Division) and Law Enforcement Agencies.
-
- Problem: Taxation and Revenue
Department (TRD) hearing officers do not have standard operating procedures
(SOPs) and decision criteria for license revocation hearings. This leads to
inconsistency in the hearing process and rulings that may be overturned on
appeal.
- Benefits: Better decision
making by the hearing officers. Reduction in the time devoted to revocation
hearings and fewer appeals.
- Approach: Analyze costs
of drafting and distributing standard operating procedures and ruling criteria.
-
Process Improvement Project 5.3
- Expand
Training on Use of Standardized Field Sobriety Tests (SFST).
- *
- Committee Ranking
- Ease of Implementation:
Immediate
- Suggested Lead Agency:
The State Highway and Transportation Department Traffic Safety Bureau,
The Administrative Office of the Courts, and the Judicial Education Center.
-
- Problem: Some courts will
not accept the results of some field sobriety tests. A lack of SFST uniformity
results in some DWI cases being dismissed. Not all law enforcement officers,
judges, or prosecutors have been trained in the use of SFST.
- Benefits: Consistent evidence
which the courts will accept. Fewer dismissals of DWI cases.
- Approach: Determine which
law enforcement agencies, judges and prosecutors need or would like training.
Provide the training.
-
Process Improvement Project 5.4
- Provide Specialized
DWI Training for Law Enforcement Officers and Others as Necessary with
Regard to: Miranda Warning Requirements; Trial Preparation; Courtroom
Protocol; and Administrative License Revocation Hearings.
- *
- Committee Ranking
- Ease of Implementation:
Immediate
- Suggested Lead Agency:
State Highway and Transportation Department Traffic Safety Bureau
and the Judicial Education Center.
-
- Problem: Law enforcement
officers, judges, and prosecutors do not always know whether to apply New
Mexico's Implied Consent law and when to give Miranda warnings to a DWI offender.
Administrative license revocation hearings may not be upheld because of confusion
between the Miranda and Implied Consent laws. Law enforcement officers are
not adequately trained to testify in court or at license revocation hearings.
- Benefits: Officers will
be better prepared and less reluctant to testify in court and administrative
license revocation hearings. The DWI conviction rate will increase, and more
revocations will be upheld on appeal.
- Approach: Modify and improve
existing course curricula, and identify instructors.
-
Process Improvement Project 5.5
- Provide Judges
with Up-To-Date Information on DWI Law.
- *
- Committee Ranking
- Ease of Implementation:
Immediate
- Suggested Lead Agency:
Judicial Education Center.
-
- Problem: Some judges are
not receiving up-to-date information about DWI and other areas of the law
that have a bearing on DWI. A lack of awareness of recent court rulings in
DWI cases, and of other changes in the law, may contribute to inconsistent
application of the law.
- Benefits: Better decision
making by judges and fewer appeals.
- Approach: Update the existing
benchbook with insertions of DWI cases as they are decided or statutes or
court rules change. Evaluate the feasibility of maintaining the benchbook
on-line. Provide annual training for all trial judges.
-
Process Improvement Project 5.6
- Create a Pool
of DWI Judges in Bernalillo County Metropolitan Court.
- *
- Committee Ranking
- Ease of Implementation:
Immediate
- Suggested Lead Agency:
Bernalillo County Metropolitan Court.
-
- Problem: Metropolitan Court
dockets are overloaded. There is inconsistency in the way Metropolitan Court
judges treat DWI offenders. Some judges and prosecutors may lack DWI expertise,
especially in view of the complicated nature of DWI laws.
- Benefits: Consistency of
results for offenders because fewer judges will handle DWI cases. More consistent
performance will be expected from DWI treatment providers.
- Approach: Implement the
National Center for State Courts' recommendation to develop an allotment pool
of judges for DWI cases. (May, 1995 report on Metropolitan Court Judicial
Workload Equalization) Identify possible funding sources for implementation.
-
- Law
Enforcement Officer and Other Expert Witness Time is Wasted.
-
Process Improvement Project 6.1
- Use Pre-Trial
Conferences to Reduce The Number of Trials and Continuances.
- *
- Ease of Implementation:
Immediate
- Suggested Lead Agency:
Administrative Office of the Courts and the Judicial Education Center.
-
- Problem: Frequently, cases
are continued to a later date. Continuances waste witness time, and are often
used in an attempt to reduce or dismiss charges.
- Benefits: Reduced DWI dismissal
rate. Reduced overtime costs for law enforcement officers. Efficient use of
court time.
- Approach: Train judges
in the use of pre-trial conferences. Conduct a pilot project to determine
the overall case impact when pre-trial conferences are used. Evaluate the
effectiveness of pre-trial conferences.
-
Process Improvement Project 6.2
- Minimize the
Requirement That Law Enforcement Officers Appear at Motor Vehicle Department
Administrative License Revocation Hearings to the Extent Permitted by
the New Mexico and United States Constitutions.
- *
- Ease of Implementation:
Contingent
- Suggested Lead Agency:
Taxation and Revenue Department.
-
- Problem: Currently law
enforcement officers must appear at administrative license revocation hearings.
This consumes the officers' time, and greatly increases law enforcement budgets.
In addition, administrative license revocation hearings frequently conflict
with the officers' schedule.
- Benefits: Officer time
would be more efficiently utilized. Overall law enforcement costs would be
reduced. Officer scheduling conflicts would be minimized.
- Approach: Evaluate existing
officer costs and level of scheduling conflicts. Study what other states have
done to resolve this problem.
-
Process Improvement Project 6.3
- Use Telephone or Video
Conferencing for Expert Witness Testimony.
- *
- Committee Ranking
- Ease of Implementation:
Contingent
- Suggested Lead Agency:
Scientific Laboratory Division of the Department of Health and the Administrative
Office of the Courts.
-
- Problem: Absent agreement,
expert witnesses, particularly the Scientific Laboratory Division analysts,
must testify in person in courts of record (i.e., District and Metropolitan
Court). This requires substantial annual outlays and reduces their productivity.
In addition, trial continuances frequently force the return of the analyst
to the same case multiple times.
- Benefits: Reduced travel
time of the analysts, lower costs and increased productivity.
- Approach: Conduct research
into video conferencing capabilities, especially in large courts such Albuquerque's
Metropolitan Court.
-
Process Improvement Project 6.4
- Improve Court
Scheduling Systems and Operations to Reduce Wasted Time and Effort.
- *
- Committee Ranking
- Ease of Implementation:
Longterm
- Suggested Lead Agency:
Administrative Office of the Courts.
-
- Problem: Witnesses, especially
law enforcement officers, are scheduled for more than one hearing or court
case at the same time. Cases may be dismissed or continued because the witnesses
or other parties to the case are not present or prepared. There are increased
expenses when cases are continued due to scheduling conflicts.
- Benefits: Efficient use
of judicial time. Savings in process cost and time.
- Approach: Examine scheduling
capabilities in existing court systems. Define problem areas in current systems
and identify necessary modifications. Recommend an implementation strategy.
-
Process Improvement Project 6.5
- Explore the
Usefulness of Establishing Fees and Other Sanctions for Continuances Requested
Less Than 72 Hours Before Trial and for Failures to Appear.
- *
- Committee Ranking
- Ease of Implementation:
Contingent
- Suggested Lead Agency:
Administrative Office of the Courts.
-
- Problem: Numerous continuances
are requested in DWI cases. This results in high court costs, rescheduling
of witnesses, and the unintentional violation of the six month rule.
- Benefits: Reduced continuances
and failures to appear. Additional revenue generation from fees.
- Approach: Analyze lost
time and increased costs caused by continuances and failure to appear. Develop
fee schedules and determine appropriate measures and controls for fee accountability.
Conduct program cost/benefit analysis. Evaluate alternative methods of reducing
continuances.
-
- More
DWI Treatment Options, and Measurements of Treatment Effectiveness, Are
Needed.
-
rocess Improvement Project 7.1
- Measure the
Effectiveness of Various Sentencing and Treatment Alternatives.
- *
- Committee Ranking
- Ease of Implementation:
Longterm
- Suggested Lead Agency:
Department of Health, Department of Corrections, and Department of Finance
and Administration.
-
- Problem: New Mexico has
a high rate of recidivism. Currently, information regarding sentence and treatment
effectiveness is minimal. Therefore, judges must use practical experience
and available information to pass sentence.
- Benefits: Treatment and
sentences can be modified over time to represent the most effective alternative
available. Recidivism should decline. Long-term data on specific programs
may provide judges with clearer sentencing alternatives.
- Approach: Develop sentencing
and treatment effectiveness measures. Ensure that data requirements can be
met. Develop standardized procedures for gathering, transferring, analyzing,
and presenting data.
-
Process Improvement Project 7.2
- Increase the
Number and Variety of DWI-Specific Treatments Available.
- *
- Committee Ranking
- Ease of Implementation:
Longterm
- Suggested Lead Agency:
Department of Health and Department of Finance and Administration.
-
- Problem: The number of
treatment programs to treat DWI offenders is insufficient to meet current
demand. Judges often do not have the option of sentencing offenders to long-term
treatment.
- Benefits: Greater sentencing
options available to judges. More effective treatment for DWI offenders.
- Approach: Survey and prioritize
treatment needs throughout the state. Research the variety of treatment approaches
available.
-
- Proving
a DWI Charge or Prior Conviction is a Problem.
-
Process Improvement Project 8.1
- Create a Presumption
that Electronic Records Are Accurate.
- *
- Ease of Implementation:
Immediate
- Suggested Lead Agency:
Administrative Office of the Courts.
-
- Problem: Many judges require
the prosecution to obtain certified photocopies of court or agency records
to prove prior convictions. This is time consuming and expensive when records
are archived.
- Benefits: Reduces the prosecutors
trial preparation time. Reduces the number of continuances. Increases the
accuracy of DWI charges. Reduces manual efforts and increases cost savings.
- Approach: Determine whether
court databases in New Mexico are sufficiently secure to support a presumption
of accuracy. Poll judges regarding their concerns about the accuracy and reliability
of electronic records. Request the appropriate Supreme Court Rules Committee
to draft a rule that makes electronic records admissible as prima facie evidence
in a DWI case.
-
Process Improvement Project 8.2
- Automate Document
Storage, Retrieval, and Transfer.
- *
- Ease of Implementation:
Longterm
- Suggested Lead Agency:
The State Highway and Transportation Department Traffic Safety Bureau.
-
- Problem: Agencies store,
retrieve, and transfer documents using different technologies and procedures.
Sharing information between agencies is often difficult. Timeliness in document
delivery also varies by agency and type of request. This leads to inconsistent
data across information systems, inaccurate or incorrect offender charges,
and reductions in speed of the DWI process.
- Benefits: Greater efficiency
and cost savings. Accurate offender charges. Reductions in discovery times.
Better access to information by all parties.
- Approach: Select a medium-sized
city with a supportive environment. Create a local steering committee comprised
of affected agencies and groups. Fund a pilot project. Examine document imaging,
electronic documents, electronic mail, file transfer, and other transfer methods
for proof-of-priors, discovery and other documents, pre-sentence information,
etc. Expand access to electronic documents, especially police reports, TRD
documents and Scientific Laboratory Division test results. Analyze project
progress to develop data for similar projects in other communities.
-
Process Improvement Project 8.3
- Provide High
Quality Videocams and Train Law Enforcement Officers in their Use.
- *
- Committee Ranking
- Ease of Implementation:
Contingent
- Suggested Lead Agency:
The Department of Public Safety, State Highway and Transportation Department
Traffic Safety Bureau and the Department of Finance and Administration.
-
- Problem: When officers
stop an individual on suspicion of DWI, every action and procedure can be
used against the officer in court. Often, DWI trial outcomes rest solely on
the officers recollection and experience. Defense attorneys can create doubt
about an officer's memory, discrediting their testimony.
- Benefits: Reduce the ability
of defense attorneys to create doubt about officer recollections or arrest
procedure. Aid in pre-trial conferences, reducing the number of DWI trials.
Frivolous lawsuits (e.g., tight handcuffs) can be reduced. Time and date are
stamped onto the video footage.
- Approach: Survey existing
law enforcement agencies and district attorneys currently using videocams
to determine their effectiveness and associated problems. Evaluate unit costs
and possible funding sources. Develop or adopt an existing training program.
-
- *
-
- Committee
Ranking of Process Improvement **
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