Proposed Constitutional Amendment to Keep Dangerous Criminals Behind Bars Passes the New Mexico Senate

Contact: Isaac Padilla
505/986.4263
Isaac.Padilla@nmlegis.gov
FOR IMMEDIATE RELEASE

Proposed Constitutional Amendment to Keep Dangerous Criminals Behind Bars Passes the New Mexico Senate

Today, Santa Fe, NM–Senate Joint Resolution 1 (SJR 1) passed the Senate 29 to 9. SJR 1 puts a question on the 2016 November ballot that allows the voters to determine if judges should have the authority to deny pretrial release of accused felons if it is necessary to protect the community.

“The three legs of the criminal justice stool–the Criminal Defense Association, the District Attorneys Association and the judicial branch–all support this Constitutional Amendment,” said Senator Wirth (D-25-Santa Fe). “Judges in the Federal Courts have the authority to deny bail to dangerous defendants and our state district judges need that same authority.”

The New Mexico Supreme Court, the New Mexico District Attorneys’ Association, the New Mexico Coalition Against Domestic Violence, the Greater Albuquerque Chamber of Commerce, the New Mexico Criminal Defense Lawyers’ Association, the American Civil Liberties Union of New Mexico, and the Criminal Justice Reform Policy Committee of the New Mexico Association of Counties support this proposal. It was drafted by a bipartisan group of legislators because the current process needed to be changed.

In addition to protecting the community, it is also fiscally responsible and supported by the Association of Counties. According to the New Mexico Sentencing Commission, the average cost per day to house an inmate in a detention center is $72.03 and the average time in jail pretrial for a misdemeanor is 55 days. The proposal guarantees the right of a nonviolent defendant to get out of jail if the only reason they are being held before trial is that they cannot afford to post bond. This will reduce the cost associated with housing, feeding, guarding and providing healthcare for non-violent defendants.

The bill now moves to the New Mexico House for consideration.

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