When New Mexico passed the bail bond amendment in 2016, I thought it was simple. The language, which amended the state constitution, seemed so straightforward.<\/p>\n
\u201cBail may be denied pending trial if, after a hearing, the court finds \u2026 that no release conditions will reasonably ensure the appearance of the person as required or protect the safety of any other person or the community … No person eligible for pretrial release \u2026 shall be detained solely because of financial inability to post a money or property bond.\u201d<\/p>\n
In other words, arrested criminal suspects who pose no danger will not be confined to jail awaiting trial, but suspects who do appear to be dangerous will be kept in jail even if they can pay bond.<\/p>\n
This replaces the old system under which a low-risk defendant with no money might be held in jail for months, while risky defendants who could make bail would go free until trial.<\/p>\n
But the new system has been controversial. Some critics argue that too many defendants are being let out and committing crimes, perhaps not violent but still a threat to public safety.<\/p>\n
Under the new system, judges are supposed to evaluate suspected offenders based in part on a nationally verified measurement tool called the Arnold Public Safety Assessment, which compares the person\u2019s record to a set of criteria and predicts the likelihood that this individual will fail to appear in court, commit another crime, or commit a violent crime.<\/p>\n
A study released in Nov 2019 by UNM\u2019s Institute for Social Research \u2013 limited to Bernalillo County — found 4 percent of released defendants were accused of committing a new violent crime, but 17 percent were accused of committing a crime of some kind.<\/p>\n
Whether that\u2019s an acceptable result or not is a matter of opinion.<\/p>\n
Rep. Bill Rehm (R- Albuquerque) finds it unacceptable. He\u2019s introduced legislation (HB32) to clarify the criteria for pretrial release. We will learn this week whether the bill is approved by Gov. Michelle Lujan Grisham for this year\u2019s 30-day session.<\/p>\n
Rehm\u2019s bill says no person shall be released if the charge is a first degree felony or a serious violent offense and if the person was previously convicted of any felony or has previously violated conditions of pretrial release for any offense. The bill also provides for drug rehabilitation while incarcerated.<\/p>\n
The restrictions seem so reasonable that I\u2019m surprised Rehm felt it was necessary to legislate this. Shouldn\u2019t these criteria have applied all along? Rehm said the current guidelines do not require a judge to consider a defendant\u2019s past record.<\/p>\n
Apparently Rehm is not the only one dissatisfied.<\/p>\n
The State Supreme Court has convened a high-level 15-member committee to review pretrial detention procedures. The committee\u2019s initial report is to be submitted by March 31, a month after the legislative session will be over.<\/p>\n
Rehm has been appointed to the committee, but wants to go ahead with his legislation anyway and expects support from other legislators.<\/p>\n
It does society no good when nonthreatening defendants are kept in jail before trial. Public defender Richard Pugh, in a recent talk, explained that being stuck in jail throws a person\u2019s life into chaos. The defendant may lose his job, be unable to care for children, be unable to pay the most basic bills and so lose his home \u2013 tragic losses that benefit nobody and add to the community\u2019s social burden.<\/p>\n
And \u2013 a point I have not heard anyone raise — we\u2019d have less detention if we had speedier trials, but that would require investing a heck of a lot of money in our judicial system, and even with our current flush budgets that\u2019s not going to happen.<\/p>\n
New Mexico did the right thing in passing the bail bond amendment. We just have to keep tinkering with the implementation to get the balance right.<\/p>\n
Triple Spaced Again, \u00a9 New Mexico News Services 2020<\/p>\n","protected":false},"excerpt":{"rendered":"
When New Mexico passed the bail bond amendment in 2016, I thought it was simple. The language, which amended the state constitution, seemed so straightforward. \u201cBail may be denied pending trial if, after a hearing, the court finds \u2026 that … Continue reading