Pre-Trial Detention Presumptions

Issues

Pre-Trial Detention Presumptions

New Mexicans want an end to the criminal justice system “revolving door.” One step we can take is to clarify situations in which pre-trial detention is required to prevent violent criminals from being released and committing additional crimes while awaiting trial.

Proposal

  • Creates a rebuttable presumption that a person is dangerous, and no release conditions will reasonably protect the public when
    • There is a finding of probable cause that the person committed a felony while on conditions of release for a separate felony
    • There is a finding of clear and convincing evidence that one of the felonies involved violence or the potential for violence
  • Defines “violence” as use of a deadly weapon or infliction of great bodily harm
  • Defines “potential for violence” as the potential infliction of great bodily harm