Bill > HB27

This bill establishes a presumption that the prosecution has proven by clear and convincing evidence that a defendant is dangerous and that no release conditions will reasonably protect the safety of any other person or the community in certain circumstances, such as when the defendant is charged with a capital offense or a serious violent offense, committed the charged felony offense while pending trial or sentencing for a separate felony charge, or has a pattern of failure to follow conditions of release. The defendant has the opportunity to rebut this presumption. The bill also clarifies that it does not allow the detention of a person solely due to their financial inability to post a money or property bond. Finally, the bill declares an emergency and states that it is necessary for the public peace, health, and safety that the act take effect immediately.

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https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=27&year=22