Pretrial Release Conditions

In 2016, New Mexico voters approved a constitutional amendment that prohibits judges from detaining defendants solely because they cannot afford bail. The amendment also allows judges to detain defendants who they believe pose great danger to the community. The New Mexico Supreme Court then set rules that guide how judges make these decisions. A recent study determined that this reform is working, as 95% of felony defendants were not arrested for a violent crime while on pretrial release. Despite this, lawmakers want to roll back progress by doubling down on tired 'tough-on-crime' strategies which only serve to fuel mass incarceration.