SENATE BILL 156

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Gregg Schmedes

AN ACT

RELATING TO BAIL; SPECIFYING THE STANDARD TO BE EMPLOYED FOR PRETRIAL RELEASE HEARING; REQUIRING POSTING OF BOND IF A DEFENDANT IS ON RELEASE FOR ANOTHER MATTER; PROHIBITING COURTS FROM RELYING ON RISK ASSESSMENT TOOLS OR PROGRAMS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 31, Article 3 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ELIGIBILITY OF DEFENDANTS FOR PRETRIAL RELEASE.--

          A. A court shall not excuse a defendant from posting bail unless the defendant motions for a hearing in which the defendant proves that the defendant lacks the financial means necessary to post bail. For purposes of this subsection, the court shall employ the indigency standard pursuant to Section 34-6-46 NMSA 1978 in determining whether the defendant lacks the financial means necessary to post bail.

          B. A defendant who has been released on the defendant's own recognizance for a prior offense shall not be eligible for release upon the defendant's recognizance in another matter unless the defendant posts a secured bond in the other matter. A defendant is not eligible for release upon the defendant's recognizance if the defendant is currently on conditions of release in two other pending matters.

          C. A court shall consider a defendant who is charged with a crime based on clear and convincing evidence while the defendant is awaiting trial for a prior offense as a danger to the community and require that the defendant post a secured bond for the current matter. A court shall consider a defendant who is charged with a crime based on clear and convincing evidence while the defendant is awaiting trial for more than one other pending matter as a flight risk and danger to the community, and the court shall deny the defendant pretrial release.

          D. A court shall exercise discretion in determining the eligibility of a defendant for pretrial release and in setting the monetary and non-monetary conditions of release. A court shall not rely upon a risk assessment tool or program created by or provided by a third party that is not a state entity or a political subdivision of the state."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2022.

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