Senate passes bail reform amendment

The Senate passed what may become one of the landmark pieces of this legislative session, passing a proposed constitutional amendment that would remake the bail process in New Mexico in two major ways. The Senate passed the bill 29-9, with all Democrats voting for the proposal except for two who did not vote. Several Republicans […]

Senate passes bail reform amendment

The Senate passed what may become one of the landmark pieces of this legislative session, passing a proposed constitutional amendment that would remake the bail process in New Mexico in two major ways.

The Senate passed the bill 29-9, with all Democrats voting for the proposal except for two who did not vote. Several Republicans joined with the Democrats to vote for the proposal.

Sen. Peter Wirth, D-Santa Fe, sponsored the legislation and said that there are two components that the proposal attempts to fix.

“The first is under the current law, judges only in very limited circumstances have the ability to hold a dangerous defendant pre-trial without granting bail,” Wirth says. “Second, under our current status quo, many defendants who are non-dangerous are being held simply because they do not have the financial resources to post bail.”

It was this second part that dominated the debate on the proposal, including a floor amendment by Sen. Mark Moores, R-Albuquerque, that sought to excise that provision from Wirth’s proposal.

“If we really want to be serious about changing this, we shouldn’t be muddling this issue,” Moores said. He said that he thinks the two issues are separate and if they were to go on the ballot, they should do so separately.

“Let’s be clear about this,” Moores said. “This isn’t about keeping people in prison because they’re poor.”

After about an hour of debate, Senators voted down the amendment despite Moores’ concerns and the concerns of others. The amendment would have made it identical to HJR 13, which is working its way through the House.

Others said that judges can already release defendants on their own recognizance and so the second section is not needed.

Sen. Cliff Pirtle, R-Roswell, said that judges can already set a bond so low that anyone can afford it. He mentioned a bond of one penny.

Others said it would destroy the bail industry in New Mexico.

“Unfortunately in the United States of America, money talks,” Sen. Lisa Torraco, R-Albuquerque, said. “And I have concerns that the bill is going to abolish, or is a step towards abolishing the bail industry.”

Sen. Daniel Ivey-Soto, D-Albuquerque, said that the language actually “affirms the place of the bail bonds industry.”

“It seems to me that we have a lobbyist who is currently very, very interested in this,” Sen. Bill Sharer said, with a not-so-veiled reference to Supreme Court Justice Charles Daniels, who has supported the bill.

Sharer saw Daniels’ lobbying as the judicial branch overstepping their authority and meddling in the affairs of the legislative branch.

Wirth agreed this was unusual and noted that Gov. Susana Martinez, part of the executive branch, testified about a bill in her first year.

At least one Senator thought that defendants who cannot afford bail staying in jail was a good thing.

Sen. William Burt, R-Alamogordo, said that he believed nine out of every ten people in jail committed a crime and sitting in jail was like “tough love.”

“These are starter criminals,” Burt said. “And this gives them more time in jail to think about the consequences of their actions.”

Sen. Cisco McSorley, D-Albuquerque, said that people do not sit in jail and think about the consequences of their actions.

“These are criminal colleges. They’re not rehabilitation centers,” McSorley said. “They’re colleges for criminals.”

He also noted that this was pre-trial and not post-conviction.

“Why should we be slapping somebody’s hand before they’re convicted of anything?” he asked. “To me, that’s backwards.”

Sen. Joseph Cervantes, D-Las Cruces, recused himself because of a direct financial conflict and Sen. Richard Martinez, D-Espanola, walked out shortly before the vote.

The bill now heads to the House. If it passes the House, the ballot question would go to the voters for approval.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…
Republicans seek to limit national monument designations

Republicans seek to limit national monument designations

Republican-backed legislation in the U.S. Congress would make it harder for the government to designate new national monuments. The proposed Congressional Oversight of the…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid announced on Wednesday that it will cover the cost of Opill, the first oral contraception approved for over-the-counter use. It is…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
San Juan County, Navajo Nation settle redistricting case

San Juan County, Navajo Nation settle redistricting case

The Navajo Nation and San Juan County reached an agreement Monday about commission districts after the tribe alleged that its members were not adequately…
MIT ranks NM elections most well-run in the U.S.

MIT ranks NM elections most well-run in the U.S.

New Mexico’s 2022 election was ranked most well-run in the country by Massachusetts Institute of Technology’s Election Data and Science Lab’s Elections Performance Index.…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…

GET INVOLVED

© 2023 New Mexico Political Report