New Mexico Supreme Court Revises Rules Governing Pretrial Release
by Douglas Ankney
On May 8, 2024, the Supreme Court of New Mexico revised the rules governing pretrial release. According to Artie Pepin, Director of the Administrative Office of the Courts, the revisions include:
People released while awaiting trial on any felony or on specified misdemeanors (e.g., driving while intoxicated; negligent use of a firearm; aggravated battery; stalking; or domestic violence against a household member) must be held in custody if rearrested until the court adjudicating the original criminal case decides whether to modify the previous conditions or revoke release;
Unless waived by the defendant, a court must hold an evidentiary hearing if it considers revoking release and holding the defendant in jail pending trial;
Judges must consider whether to modify conditions of release if the defendant is alleged to have violated those conditions;
If a court concludes no modifications are necessary, it must issue an order explaining its decision; and
District Courts cannot use the results from a risk assessment instrument to decide whether a defendant is released or detained pending trial. The risk assessment’s purpose is to assist judges with determining the level of supervision needed for people released pending trial.
People charged with crimes are presumed innocent until proven guilty. Those individuals should be released from custody before trial to uphold the right to liberty. Conditions of release are imposed to ensure the defendants show up for court proceedings and to protect the public. In 2016, New Mexico voters adopted a constitutional amendment moving away from a monetary bail system that permitted people to be released if they could afford bail regardless of the threat they posed to the public. Under the new system, if the prosecution proves the defendant is a danger to the public, he or she may be held in custody. But a defendant otherwise eligible for release cannot be detained simply because he or she is too poor to pay a money bond.
Source: New Mexico’s Administrative Office of the Courts
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