Proposed Constitutional Amendment 1: New Mexico Denial of Bail Measure
Senate Joint Resolution 1 purposes an amendment to Article 2, Section 13 of the Constitution of New Mexico to allow courts of record to deny bail to a defendant charged with a felony when a prosecutor requests a hearing to deny bail and provides clear and convincing evidence that the defendant will not come back to court, and is a danger to the community. In addition to the provision to deny bail to dangerous defendants, the amendment would also allow courts to release defendants without bail if there is no evidence that the defendant is dangerous or a flight risk, preventing detention that hinges on income. The amendment would be put on the ballot in the next general election for approval by the voters.