HOUSE BILL 262

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Monica Youngblood

 

 

 

 

 

AN ACT

RELATING TO BAIL; ESTABLISHING STANDARDS FOR PRETRIAL RISK ASSESSMENT INSTRUMENTS USED FOR PRETRIAL RELEASE OR DETENTION DECISIONS.

 

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

     SECTION 1. [NEW MATERIAL] BAIL--PRETRIAL RELEASE-- PRETRIAL DETENTION--PRETRIAL RISK ASSESSMENT INSTRUMENTS.--

          A. A pretrial risk assessment instrument used for determination of pretrial release or detention shall:

                (1) be objective, standardized and developed based on analysis of empirical data and factors relevant to the risk:

                     (a) of failure to appear in court when required; and

                     (b) to public safety;

                (2) be consistent with and guided by current research and evidence-based best practices;

                (3) be regularly reviewed according to current best practices and standards and adjusted, as appropriate, to:

                     (a) predict risk of failure to appear in court and risk to public safety;

                     (b) ensure that the risk assessment instrument is equally accurate across all racial groups, ethnic groups and genders and that the validation study shall include testing for predictive bias and disparate results by race, ethnicity and gender; and

                     (c) minimize disparate results;

                (4) not include race, ethnicity, national origin, immigration status, gender, religion, sexual orientation, education level, employment status, socioeconomic status, arrests that did not lead to conviction or housing status as factors used in assessing risk or determining a risk score or level;

                (5) give appropriate weight to factors, including criminal history, in a manner that ensures accuracy while minimizing racial and economic disparities;

                (6) once adopted, be transparent and all documents, records and information used to build or validate the risk assessment shall be open to public inspection, auditing and testing; and

                (7) be annually validated by the New Mexico sentencing commission.

          B. As used in this section:

                (1) "pretrial risk assessment instrument" means an objective, standardized analysis of information about an arrested person that accurately measures the arrested person's probability of appearing in court as required and the arrested person's potential risk of criminal conduct while on pretrial release pending trial; and

                (2) "validated" means developed through peer-reviewed research and statistical analysis based on the characteristics of the population being assessed as enumerated in this section.

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