Bill > SB189

This bill establishes a rebuttable presumption that a defendant is dangerous and should not be released on bail if they are charged with certain serious violent felonies, felonies involving a firearm, or felonies resulting in great bodily harm or death. The bill also creates a rebuttable presumption of dangerousness if the defendant committed a new felony while on probation, parole, or within five years of being convicted of one of the specified offenses. The court must evaluate various factors, including the nature and circumstances of the offense, the weight of the evidence, the defendant's history and characteristics, and any available pretrial risk assessment, to determine if the prosecution has met its burden of proving by clear and convincing evidence that no release conditions would reasonably protect public safety. The bill applies to charges filed on or after its effective date and declares an emergency to take immediate effect.

Health and Social Services

https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legtype=B&legno=189&year=22