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NM HB80

NM HB80
Pretrial Detention Rebuttable Presumption


summary

Introduced
01/19/2021
In Committee
Crossed Over
Passed
Dead
03/20/2021

Introduced Session

2021 Regular Session

Bill Summary

AN ACT RELATING TO PRETRIAL DETENTION; CREATING A REBUTTABLE PRESUMPTION; ALLOWING CERTAIN DEFENDANTS TO PARTICIPATE IN SUBSTANCE ABUSE TREATMENT PROGRAMS.

AI Summary

This bill creates a rebuttable presumption that no release conditions will reasonably protect the safety of any other person or the community, allowing a district court to deny bail and detain a person before trial if the prosecuting authority proves certain criteria, such as the person being charged with a first-degree felony or a serious violent offense, having a prior felony conviction, or having previously violated pretrial release conditions. The bill also allows the court to require a person with a substance abuse problem to participate in a treatment program as a condition of pretrial release. The effective date of the bill is July 1, 2021.

Committee Categories

Business and Industry

Sponsors (2)

Last Action

Sent to HCPAC - Referrals: HCPAC/HJC (on 01/19/2021)

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