New MexicoProposed amendment would let courts deny bail in some felony cases
The resolution was postponed indefinitely, so its proposed amendment has not been adopted; it would let courts deny bail in some felony cases and review qualifying bond requests quickly.
What it does
A court could deny bail before trial to a person charged with a felony if the prosecutor requests a hearing and proves an unreasonable safety risk or flight risk.
A person otherwise eligible for bail could ask to avoid a money or property bond if they cannot afford it and pose no unreasonable safety or flight risk.
Argument forCourts could keep a person charged with a felony in custody when a prosecutor proves an unreasonable safety or flight risk at a hearing.
Argument againstPeople awaiting trial could be jailed before conviction if a court finds they pose an unreasonable safety or flight risk.
More detail
A court could deny bail before trial to a person charged with a felony. This applies to a person charged with a felony while awaiting trial. The prosecutor must request a hearing and prove that the person poses an unreasonable risk to another person's or the community's safety, or is an unreasonable flight risk. The proposed rule would apply while the person is awaiting trial.
A person who meets the stated criteria could ask the court for relief from a money or property bond. This applies to a person otherwise eligible for bail who is not an unreasonable safety or flight risk without bond. The person must not pose an unreasonable safety or flight risk and must otherwise qualify for bail. The person must be unable to afford the bond. The court must rule on the request quickly. The court would have to rule on the request in an expedited manner.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 24action postponed indefinitelyLatest
- Feb 15DO PASS committee report adoptedMinor
- Feb 2Sent to Senate Rules Committee & Senate Judiciary CommitteeIntroduced
Criminal Justice