SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 242

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

 

 

 

 

 

 

 

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; ENACTING PRETRIAL DETENTION RELEASE MINIMUM STANDARDS.

 

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

     SECTION 1. [NEW MATERIAL] PRETRIAL DETENTION RELEASE MINIMUM STANDARDS.--

          A. When determining if a defendant may be released pending trial, the court shall consider any fact relevant to the nature and seriousness of the danger to any person or the

community that would be posed by the defendant's release and any fact relevant to the issue of whether any conditions of release will reasonably protect the safety of any person or the

community. Any available results of a pretrial risk assessment or public safety assessment approved by the supreme court for use in the jurisdiction shall not be considered dispositive but

shall be considered as an equal factor. Factors considered by the court shall be weighed equally and include but are not limited to the following:

                (1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence or if a firearm was brandished or used;

                (2) the weight of the evidence against the defendant;

                (3) the history and characteristics of the defendant;

                (4) any facts tending to indicate that the defendant may or may not commit new crimes if released;

                (5) whether the defendant has been ordered detained under Article 2, Section 13 of the constitution of New Mexico based on a finding of dangerousness in another

pending case or was ordered detained based on a finding of dangerousness in any prior case; and

                (6) any available results of a pretrial risk assessment or public safety assessment approved by the supreme court for use in the jurisdiction; provided that the court

shall not defer to the recommendation in the assessment but shall make an independent determination of dangerousness and community safety based on all information available at the

hearing.

          B. If the court places a defendant on twenty-four- hour-per-day global positioning satellite electronic monitors, the twenty-four-hour-per-day global positioning satellite electronic monitors shall be supervised and overseen by the appropriate court official or contracted service provider at all times.

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