Criminal Justice & Public Safety
House Government, Elections and Indian Affairs Committee Ranking Member Rep. Martin Zamora, R-Clovis asks a question during the committee hearing for HJR 9 concerning bail reform.

Effort to change bail system one step closer to the ballot

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The House Government, Elections and Indian Affairs Committee heard House Joint Resolution 9 Wednesday morning. The committee moved the legislation to the House Judiciary Committee with a Do Pass Without Recommendation. The legislation proposes a constitutional amendment to allow bail denial conditions to be set by the Legislature. It would also remove the judicial requirement that bail decisions are only made by courts of record, removes the bail denial limitation for those charged with felonies, clarifies that bail may be denied if conditions of release would not “reasonably assure” the defendant’s court appearances and the legislation removes some court procedural directions. HJR 9  updates language in the part that prevents defendants from being detained based on an inability to pay.

2016 Legislative Session

Senate version of bail reform advances

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After Senate passage last week, a proposed constitutional amendment that would change the bail process in New Mexico cleared its first House committee Monday afternoon. The bill would allow general election voters this fall to weigh in on allowing a judge to deny bail to defendants deemed dangerous to society. Under the amendment, defendants who don’t present a danger to society could not be held if the only thing keeping them in jail was a lack of money

The House Judiciary Committee passed the bill 7-2, with Reps. Zach Cook, R-Ruidoso, and David Adkins, R-Albuquerque, casting to only dissenting votes. The bill has support from criminal defense attorney organizations, public defender offices, civil liberty groups and city and county organizations.

bail reform

Dueling bail reform amendments advance

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Two competing proposals for reforming New Mexico’s bail process moved forward on Monday, setting up an inevitable clash as they move towards the floors of the House and Senate. The Senate version has two components: It would allow judges to deny release of those awaiting trial if they are deemed a danger to the public and it would allow judges to not impose bond if the only thing keeping someone accused of a non-violent crime in jail is a lack of ability to pay bond. The House version only has the first part, on allowing judges to keep those deemed dangerous in jail until trial. In the Senate Judiciary Committee, Sen. Peter Wirth, D-Santa Fe, presented his version along with New Mexico Supreme Court Justice Charles Daniels. Wirth said the legislation was “narrowed dramatically” since he started the vetting process through interim committees last year.

bail reform

NM bail reform debate heavy on ideas, light on data

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State lawmakers are debating whether to ask voters to change the Constitution and give judges more flexibility in the state’s longstanding cash bail system. Two proposals vie for their attention and if either wins the Legislature’s approval, it would go before voters in November. One would allow judges to deny bail to defendants deemed dangerous but let those who are not go free before trial if financial hardship is all that’s keeping them behind bars. The other addresses dangerous defendants but not individuals too poor to afford bail. Currently, the New Mexico Constitution allows nearly all criminal defendants the chance for freedom before trial, so long as they can afford it.