Bill > HB5

This bill establishes a rebuttable presumption that a defendant is dangerous and no release conditions will reasonably protect public safety if the defendant is charged with certain serious violent felonies, firearm offenses, or crimes causing great bodily harm or death. The presumption can also apply if the defendant committed a new felony while pending trial, on supervision, or within five years of a prior conviction for those types of offenses. The court must evaluate factors like the nature of the offense, the weight of the evidence, and risk assessment results to determine if the prosecution has shown by clear and convincing evidence that no release conditions would be sufficient. The burden of proof remains with the prosecution.

Government Affairs, Justice

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=5&year=22