Times, they are a changing …. Community Service is changing, too

I have written before about community service and the sometimes misperception that it is about punishment and not in fact about restitution to the community or the betterment of the community. In short, community service is something that we all can participate in without court order, and many people do. When court ordered, it is about restitution in terms of healing the community and as an option in lieu of paying fines and fees for those that are unable to pay.

One of the laws that came out of the 2023 legislative process changed how community service will be credited against owed fines and fees and broadened how community service can be completed. The law went into effect last month on June 16.

Unchanged is the fact that when someone cannot pay their court fines and fees, they can opt in to do community service.

Previously individuals were given credit at the federal minimum wage rate of $7.25 per hour. With this change, community service in-lieu-of fines and fees will be calculated at twice the New Mexico minimum wage rate, currently $12 per hour. Under the new schedule, the community service credit will be calculated as $24 per hour. The difference is quite substantial.  Someone who owed $100 previously needed to accomplish 14 hours of community service. Under the new schedule, they would do five hours of community service.

For individuals struggling to make a living, some working two jobs, community service is a great option. One of the challenges for these individuals was available time to do the community service given their work schedule and/or family obligations. As a result many could not get the community service done and they made arrangements to make small payments from their limited income. Unfortunately, in instances when communication with the courts failed, these individuals often ended up facing a bench warrant authorizing their arrest for failure to pay owed fines and fees

Under the new schedule, my hope is that individuals on limited income can more easily meet their financial obligations to the court without having to make decisions about paying court fees versus paying for basic necessities. My experience has taught me that this balancing of court fees and basic living needs is very common.

Another change to community service in lieu of paying fines and fees is how it can be performed. Previously the statute read, “The labor shall be meaningful … and shall be of a type that benefits the public at large or any public, charitable or educational entity or institution…”

The language today adds, “job training or an academic or vocational program or participation in social service or rehabilitative programs…”

This is obviously new to the courts and judges will need to work through the interpretation of this language and its legislative intent. On my initial look, I circle back to my opening thoughts about community service in general. It is not intended as punishment and certainly in the case of fines and fees, any betterment to the community is a good outcome.

For example, someone who owes over a thousand dollars for a DUI conviction might be better off in treatment for substance abuse than sweeping a parking lot. Likewise, someone attending school or participating in vocational rehabilitation may pay greater dividends to the community than painting a fence. While the later options do benefit the community, treatment and rehabilitation create the potential for an enduring impact.

Please note, that nothing in this law changes how mandatory community service as part of a sentence is ordered. For example, DUI convictions carry mandatory minimum hours of community service for first, second, and third DUI convictions; 24, 48, and 96 hours respectively. Any community service mandated as part of a sentence is not impacted by these changes. The statutory language on sentencing is very clear, “The type of labor and period of service shall be at the sole discretion of the court.”

This discretion is important as it allows the community service to fit circumstances of the related offense. As example, someone convicted of graffiti might be required to help clean up graffiti in the community.

If you, or someone you know, owes fines and fees and are having a difficult time making those payments, the party can ask the court for a modification to the payment plan. A change could entail making smaller payments or changing the date on which payments are due. Or it could be to request to do community service in-lieu-of paying your fines and fees. Even if the offense took place prior to the law change, any community service done from this point forward would be calculated under the new schedule.

As always, communication with the courts about payments and probation requirements is key to your successful completion.

 

(Magistrate Judge John R. Chavez is the magistrate  in Belen. He is a native of Valencia County and is a retired U.S. Army colonel.)