HOUSE BILL 74

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Dayan Hochman-Vigil

 

 

 

 

 

AN ACT

RELATING TO CRIMINAL JUSTICE; PROVIDING REQUIREMENTS FOR A PUBLIC SAFETY ASSESSMENT IN PRETRIAL DETENTION HEARINGS; PROVIDING FOR PRETRIAL DETENTION UPON COMMISSION OF A FELONY OFFENSE WHILE ON RELEASE.

 

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] PUBLIC SAFETY ASSESSMENT CONSIDERATION IN PRETRIAL DETENTION HEARINGS.--

          A. When the prosecution files a motion for the pretrial detention of a criminal defendant charged with a felony offense pursuant to Article 2, Section 13 of the constitution of New Mexico, in a judicial district using a public safety assessment, the public safety assessment shall include a consideration notated on the profile, known as a violent flag, for defendants who have been shown by a finding of probable cause to have committed a violent crime, including:

                (1) a serious violent felony offense as provided in Subparagraphs (a) through (n) of Paragraph (4) of Subsection L of Section 33-2-34 NMSA 1978;

                (2) a felony offense during which a firearm was brandished or discharged; or

                (3) a felony offense resulting in death or great bodily harm as defined in Section 30-1-12 NMSA 1978.

     Such violent flag shall be a factor when taken into consideration by the public safety assessment when assessing a defendant's risk to the community for use in a pretrial detention hearing.

          B. In cooperation with the New Mexico sentencing commission and the administrative office of the courts, the criminal justice coordinating councils from every judicial district shall independently evaluate and adjust the public safety assessment used in that judicial district every year to assess the risk of criminal defendants for pretrial detention hearings to ensure that the public safety assessment accurately represents the local demographics and public safety issues. Any change to a judicial district's public safety assessment shall be made by majority vote of the judicial district's criminal justice coordinating council."

     SECTION 2. A new section of Chapter 31, Article 3 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] COMMISSION OF A FELONY OFFENSE WHILE ON RELEASE.--

          A. When a criminal defendant charged with a felony offense is out of custody pending trial and the defendant is charged with having committed a new felony offense while on release, the prosecutor may file an expedited motion for pretrial detention, and the court shall schedule a hearing to review pretrial release. The motion shall include the specific facts that warrant pretrial detention. The defendant may file a response to the motion for pretrial detention in the district court, but the filing of a response shall not delay the hearing of this rule. If a response is filed, the defendant shall promptly provide a copy to the assigned district court judge and the prosecutor. The court shall not deny a motion to revoke conditions of release alleging the commission of a new offense without a hearing.

          B. If the defendant is not in custody when the motion for pretrial detention is filed, the district court may issue a warrant for the defendant's arrest that includes notice of the hearing and the reasons for review of pretrial release if the motion establishes probable cause to believe the defendant has committed a felony offense and alleges sufficient facts that, if true, would justify pretrial detention under Article 2, Section 13 of the constitution of New Mexico. If the motion does not allege sufficient facts, the court shall issue a summons and notice of hearing.

          C. The court shall revoke the defendant's release if the state establishes probable cause to believe that a criminal defendant committed a felony offense while on release and establishes by a preponderance of the evidence that conditions of release will not adequately protect the safety of the community, prevent further violations of the law and ensure the proper administration of justice. If the court does not revoke the defendant's release, the court shall impose new or additional conditions of release and shall make written findings of the individualized facts that establish how the new or additional conditions of release will adequately protect the safety of the community, prevent further violations of the law and ensure the proper administration of justice.

          D. The defendant may seek an expedited appeal of an order revoking release or imposing new or additional conditions of release pursuant to this section."

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