DENIAL OF BAIL, CA

This proposed constitutional amendment would change New Mexico's bail rules to allow judges to deny release to defendants who are considered dangerous, likely to flee, or have a history of missing court dates. Under the new provisions, a judge could order pretrial detention if they find clear and convincing evidence that releasing the person would not protect public safety or ensure their appearance in court. The bill also clarifies that people cannot be held in jail simply because they cannot afford to pay a bond, provided they do not meet the criteria for denial. Because this change alters the state constitution, it must be approved by voters in a special election before it becomes law.