HOUSE BILL 408

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

William "Bill" R. Rehm

AN ACT

RELATING TO PRETRIAL DETENTION; CREATING A REBUTTABLE PRESUMPTION; ALLOWING CERTAIN DEFENDANTS TO PARTICIPATE IN SUBSTANCE ABUSE TREATMENT PROGRAMS.

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

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

     "[NEW MATERIAL] PRETRIAL DETENTION--REBUTTABLE PRESUMPTION--PROCEDURE.--

          A. A district court may presume that no release conditions will reasonably protect the safety of any other person or the community and shall deny bail and detain a person before conviction if the prosecuting authority requests a hearing pursuant to Article 2, Section 13 of the constitution of New Mexico and proves by clear and convincing evidence that:

                (1) the charge against the person is:

                     (a) a first degree felony; or

                     (b) a serious violent offense as provided in Paragraph (4) of Subsection L of Section 33-2-34 NMSA 1978; and

                (2) the person was previously convicted of any felony; or

                (3) the person has previously violated conditions of pretrial release for any offense.

          B. A person may rebut evidence offered by a prosecuting authority by demonstrating that the authority did not meet its burden as required in Subsection A of this section. The standard of proof for a rebuttal is preponderance of the evidence.

          C. The rules of evidence for the district courts shall not apply to a pretrial detention hearing, and nothing in this section shall be construed to modify or limit the presumption of a person's innocence.

          D. Upon a finding by the district court that the person be detained prior to trial, the court may require the person to participate in one of the following programs for some or the entirety of the time pending trial, if the person stipulates to having a substance abuse addiction or problem:

                (1) not less than a twenty-eight-day inpatient, residential or in-custody substance abuse treatment program approved by the court;

                (2) not less than a ninety-day outpatient treatment program approved by the court;

                (3) a drug court program approved by the court; or

                (4) any other substance abuse treatment program approved by the court.

          E. When the person fails to complete a program imposed pursuant to Subsection D of this section:

                (1) the district court may issue a warrant for the person's arrest;

                (2) the court shall determine if the person shall be detained pursuant to Article 2, Section 13 of the constitution of New Mexico; and

                (3) the court may punish the person for contempt."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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