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New Mexico Changes in Regulations Governing Bail, Constitutional Amendment 1 (2016)

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New Mexico Amendment 1
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Election date
November 8, 2016
Topic
Law enforcement
Status
Approveda Approved
Type
Constitutional amendment		Origin
State legislature
2016 measures
Seal of New Mexico.png
November 8
Amendment 1 Approveda
Bond Question A Approveda
Bond Question B Approveda
Bond Question C Approveda
Bond Question D Approveda
Polls
Voter guides
Campaign finance
Signature costs

The New Mexico Denial of Bail Measure, also known as Constitutional Amendment 1, was on the November 8, 2016, ballot in New Mexico as a legislatively referred constitutional amendment. It was approved.

A "yes" vote supported allowing courts to deny bail to a defendant charged with a felony if a prosecutor shows evidence that the defendant poses a threat to the public, while also providing that a defendant cannot be denied bail because of a financial inability to post a bond.
A "no" vote opposed this proposal, thereby keeping the state's specific requirements that bail can be denied to a defendant charged with a felony if the defendant also has prior felony convictions in the state.

Constitutional Amendment 1 was designed to retain the right to pretrial release for non-dangerous defendants.[1]

Election results

Amendment 1
ResultVotesPercentage
Approveda Yes 616,887 87.23%
No90,29312.77%
Election results from New Mexico Secretary of State

Text of measure

Ballot title

The ballot title was as follows:[2]

“

Constitutional Amendment 1. Proposing an amendment to Article 2, Section 13 of the Constitution of New Mexico to protect community safety by granting courts new authority to deny release on bail pending trial for dangerous defendants in felony cases while retaining the right to pretrial release for non-dangerous defendants who do not pose a flight risk.[3]

”

Constitutional changes

See also: Article 2, Section 13 of the New Mexico Constitution

Constitutional Amendment 1 was "proposing an amendment to Article 2, Section 13 of the Constitution of New Mexico to protect community safety by granting courts new authority to deny release on bail pending trial for dangerous defendants in felony cases while retaining the right to pretrial release for non-dangerous defendants." The constitutional changes are as follows:[4]

Fiscal statement

A chart of the fiscal impact on the state if this measure is approved can be seen below:[2]

NMSJR12016 Fiscal statement.png

The full fiscal impact statement can be viewed here.

Changes to the amendment

Legislators made changes to the language of Amendment 2 (SJR 1) after it was first introduced in the legislature in December 2015. The original legislation included the following sentence to indicate what the measure was designed to do for people who could not afford bail:[5]

“

A person who is not a danger and is otherwise eligible for bail shall not be detained solely because of financial inability to post a money or property bond.[3]

”

The final version of the bill had the following language added, requiring a defendant claiming indigence to file a motion and leaving it up to the court whether the defendant could be released without posting bail. The revised language was as follows:[6]

“

A person who is not detainable on grounds of dangerousness nor a flight risk in the absence of bond and is otherwise eligible for bail shall not be detained solely because of financial inability to post a money or property bond. A defendant who is neither a danger nor a flight risk and who has a financial inability to post a money or property bond may file a motion with the court requesting relief from the requirement to post bond. The court shall rule on the motion in an expedited manner.[3]

”

Reponses from key organizations

Before this change was made the New Mexico American Civil Liberties Union (ACLU) and the New Mexico Criminal Defense Lawyers Association supported Amendment 1, and the Bail Bond Association of New Mexico opposed it.[7]

Concerning the initially introduced version, Gerald Madrid, president of the Bail Bond Association of New Mexico said, “That is absolutely a get-out-of-jail-free card just by saying, ‘I’m indigent.'"[8]

After the bill was changed, the New Mexico ACLU switched its position to be neutral, the New Mexico Criminal Defense Lawyers Association altered its position on Amendment 2 from support to opposition, and the Bail Bond Association of New Mexico supported the proposal.

Support

Constitutional Amendment 1 was proposed by Sen. Peter Wirth (D-25) as Senate Joint Resolution 1.[9]

Legislators

The following legislators sponsored the legislation:[10]

The following legislators served as cosponsors for the legislation:[7]

Officials

Organizations

  • New Mexico District Attorneys Association[7]
  • New Mexico Coalition Against Domestic Violence[7]
  • Criminal Justice Reform Policy Committee of the New Mexico Association of Counties[7]
  • The Bail Bond Association of New Mexico[12]

Note: The American Civil Liberties Union of New Mexico held a neutral position on Amendment 1. The New Mexico ACLU initially supported the introduced version of this legislation, but it withdrew its support after substantial alterations were made to the proposal. Similarly, the New Mexico Criminal Defense Lawyers Association was initially supportive of the introduced version of Constitutional Amendment 1. After substantive amendments to the bill, however, the New Mexico Criminal Defense Lawyers Association ultimately opposed the proposal. Because of the same substantive changes to the amendment, the Bail Bond Association of New Mexico changed its position from initial opposition to support. For details about the changes to the bill that spurred these position changes, click here.[7][13][14]

Arguments in favor

State Supreme Court Chief Justice Charles Daniels stated that he is in favor of reforming the current "money for freedom system" and that the current system often requires judges to decide between protecting the community or following laws that guide bail procedure.[15][11]

The New Mexico Legislature published the following arguments in favor of Amendment 1:[16]

“

1. Allows judges to keep dangerous defendants off the streets.

Under the current constitutional structure, judges do not have the authority to deny release to a defendant who is known to be a danger to the community or a flight risk. As a result, dangerous defendants who can afford whatever bail is set by the judge are released and might further threaten public safety. The proposed amendment would give judges the power to keep those who need to remain behind bars while they are awaiting trial away from the community.

2. Allows release of people who do not pose a threat.

Many of the defendants incarcerated in New Mexico jails do not pose a danger to the community or are not a flight risk, but are held simply because they cannot afford bail. Often, they have no past criminal histories or are held pending trial for nonviolent offenses. Being held in jail has significant negative impacts on these defendants, who have not yet been found guilty of any crime, and on their families. Moreover, in states that have enacted reforms similar to the proposed amendment, there has been no corresponding negative impact on public safety.

3. Cost savings to counties.

Holding large numbers of people pending trial imposes substantial costs on the counties, which house the vast majority of these defendants. Some counties have spent up to half of their budgets on jails and correctional officers. Many of the individuals held in county jails could be released without affecting public safety.

4. Protection of basic constitutional rights.

It is a fundamental right since the founding of this nation that people are innocent until proven guilty, and thus the state should have to prove why a defendant should remain incarcerated before any finding of guilt.[3]

”

Opposition

Legislators

The following legislators voted "nay" during the legislation's final Senate reading:[17]

Organizations

  • New Mexico Criminal Defense Lawyers Association

Note: While the New Mexico Criminal Defense Lawyers Association was initially supportive of the introduced version of Constitutional Amendment 1, substantive amendments to the bill caused the association to ultimately oppose the proposal.[7][14]

Arguments against

The New Mexico Legislature published the following arguments in opposition to Amendment 1:[16]

“

1. The present reliance on bail bonding helps ensure defendants appear in court.

A bond helps ensure that a defendant will appear in court. A defendant released without a bond in a drug or property crime case has no financial incentive to appear in court.

2. Possible negative impact on the bail bonding industry.

With fewer defendants required to post a bond, the proposed amendment would have a negative impact on the bail bonding industry, costing jobs in an already weak economy. The bail bonding industry provides a necessary service by helping to ensure that defendants appear in court.

3. Puts the public at greater risk.

The proposed amendment, which will require judges to release certain defendants, will almost certainly increase the risk to the public. Defendants who post bonds under the current system frequently commit other crimes while awaiting trial. Making it easier for defendants to be released while awaiting trial will inevitably result in further danger to the public.[3]

”

Background

New Mexico has had bail provisions in the state constitution since statehood. The original provisions remained unchanged until two amendments in the 1980s. In 1980, the law was changed to provide for the denial of bail in cases when the defendant is accused of a felony and has had two prior felony convictions in the state or the defendant is accused of a felony with the use of a deadly weapon and has at least one prior felony conviction in the state. Eight years later, another amendment provided that the right to bail only applied to defendants prior to their convictions.[16]

In 2014, in State v. Brown, the New Mexico Supreme Court held that in an abuse of discretion, a district court had set a high bond based solely on the nature of the charge against the defendant. The court acknowledged the possibility that other courts had also been imposing bonds based on the nature of offenses. The court recommended that language in the constitution regarding bail be amended, leading to the proposal of Amendment 1.[16][7]

Media editorials

Support

  • The Las Vegas Optic editorial board wrote the following in support of Amendment 1:[18]
“

Judges can only deny bail to a defendant charged with a capital felony; a defendant with two or more felony convictions in the state; or a defendant accused of a felony involving the use of a deadly weapon if that defendant has a felony conviction in New Mexico. Thugs who don’t fall into one of those three categories now have a constitutional right to bail, regardless of any evidence that the defendant poses a significant risk to the community. For the safety of our families and our communities, that has to change. By the same token, it’s wrong to jail non-violent defendants for weeks or months on end just because they are poor and can’t come up with the money or property to bond out of jail. Even if this amendment is approved by voters, judges will still have the authority to set bonds for non-violent defendants in cases where that defendant is deemed to be a flight risk. Keeping nonviolent offenders behind bars just because they are poor hurts those defendants and their families economically. And it drives up costs for counties since they are the government entities responsible for running jails in this state. [...] The Optic’s editorial board urges you to vote in favor of this amendment.[3]

”

Opposition

Ballotpedia has not yet found any editorial board endorsements in opposition to Amendment 1. If you know of one, please email editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for New Mexico ballot measures
Total campaign contributions:
Support: $0.00
Opposition: $0.00

As of December 12, 2016, no ballot question committees are registered in support or opposition of Constitutional Amendment 1.[19]

Path to the ballot

See also: Amending the New Mexico Constitution

According to Article XIX of the New Mexico Constitution, a simple majority is required in the legislature to refer an amendment to the ballot.

The bill, known in the legislature as SJR 1, was introduced in the New Mexico State Senate on December 16, 2015.[9]

On February 2, 2016, SJR 1 passed the Senate with 29 votes in favor and nine votes against. The bill went on to pass the House on February 15, 2016, with 69 votes in favor and zero votes against. The Senate then concurred with amendments made in the House on February 17, 2016, to send the bill to the ballot in November.[9][20]

Senate vote

February 2, 2016

New Mexico SJR 1 Senate Vote
ResultVotesPercentage
Approveda Yes 29 76%
No924%

House vote

February 15, 2016

New Mexico SJR 1 House Vote
ResultVotesPercentage
Approveda Yes 69 100%
No00%

State profile

Demographic data for New Mexico
 New MexicoU.S.
Total population:2,080,328316,515,021
Land area (sq mi):121,2983,531,905
Race and ethnicity**
White:73.2%73.6%
Black/African American:2.1%12.6%
Asian:1.4%5.1%
Native American:9.1%0.8%
Pacific Islander:0.1%0.2%
Two or more:3.3%3%
Hispanic/Latino:47.4%17.1%
Education
High school graduation rate:84.2%86.7%
College graduation rate:26.3%29.8%
Income
Median household income:$44,963$53,889
Persons below poverty level:24.7%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in New Mexico.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in New Mexico

New Mexico voted for the Democratic candidate in six out of the seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, three are located in New Mexico, accounting for 1.46 percent of the total pivot counties.[21]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. New Mexico had three Retained Pivot Counties, 1.66 percent of all Retained Pivot Counties.

More New Mexico coverage on Ballotpedia

Related measures

See also: Law enforcement on the ballot
Law enforcement measures on the ballot in 2016
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OklahomaOklahoma Rehabilitative Programs Fund Initiative, State Question 781 Approveda
MontanaMarsy's Law Montana Crime Victims Rights, CI-116 Approveda/Overturnedot
South DakotaSouth Dakota Marsy's Law Crime Victim Rights, Constitutional Amendment S Approveda
CaliforniaCalifornia Proposition 57, Parole for Non-Violent Criminals and Juvenile Court Trial Requirements Approveda
North DakotaNorth Dakota Marsy's Law Crime Victims Rights, Initiated Constitutional Measure 3 Approveda
CaliforniaCalifornia Proposition 66, Death Penalty Procedures Measure Approveda

Recent news

The link below is to the most recent stories in a Google news search for the terms New Mexico denial bail amendment. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

New Mexico Changes in Regulations Governing Bail, Constitutional Amendment 1 (2016) - Google News

See also

External links

Footnotes

  1. ↑ New Mexico Legislature, "Senate Joint Resolution 1," accessed January 20, 2016
  2. ↑ 2.0 2.1 New Mexico Legislature, "SJR 1 Fiscal Impact Report," accessed May 15, 2016
  3. ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  4. ↑ New Mexico Legislature, "SJR 1," accessed May 15, 2016
  5. ↑ New Mexico State Legislature, "SENATE JOINT RESOLUTION 1 52ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2016 INTRODUCED BY Peter Wirth and Antonio "Moe" Maestas," accessed October 26, 2016
  6. ↑ New Mexico State Legislature, "SJR01 Final," accessed October 26, 2016
  7. ↑ 7.0 7.1 7.2 7.3 7.4 7.5 7.6 7.7 KRWG, "Proposal Would Make Denial Of Bail Easier In New Mexico," December 15, 2015
  8. ↑ Governing, "Can't Afford Bail? In New Mexico, That May Not Matter Anymore." September 8, 2016
  9. ↑ 9.0 9.1 9.2 New Mexico Legislature, "Senate Joint Resolution 1 History," accessed January 20, 2016
  10. ↑ Open States, "SJR 1," accessed June 17, 2016
  11. ↑ 11.0 11.1 Ruidoso News, "NM Chief Justice Daniels backs bail reform amendment," July 19, 2016
  12. ↑ Ballotpedia staff writer, "Telephone correspondence with Gerald Madrid, president of the Bail Bond Association of New Mexico," October 26, 2016
  13. ↑ Ballotpedia project director Josh Altic, "Telephone correspondence with Peter G. Simonson, Executive Director of the ACLU of New Mexico," October 18, 2016
  14. ↑ 14.0 14.1 Ballotpedia staff writer, "Telephone correspondence with a representative of the NM Criminal Defense Lawyers Association," October 20, 2016
  15. ↑ Albuquerque Journal, "NM’s top justice: bail system must be reformed," April 27, 2016
  16. ↑ 16.0 16.1 16.2 16.3 New Mexico Legislature, "Summary of and Arguments For & Against the Constitutional Amendment Proposed by the Legislature in 2016," accessed August 29, 2016
  17. ↑ New Mexico Legislature, "Senate Joint Resolution 1," February 2, 2016
  18. ↑ Las Vegas Optic, "Vote ‘yes’ on amendment," October 29, 2016
  19. ↑ New Mexico Campaign Finance Information System,"Political Action Committees," accessed December 12, 2016
  20. ↑ KRWG TV/FM, "New Mexico Voters To Decide On Bail Reform Proposal In November," February 17, 2016
  21. ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.
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