New Mexico judges must now put reoffenders behind bars until case review
*Editor’s Note: This story has been updated to provide clarification on the rule change.
ALBUQUERQUE, N.M. (KRQE) – New Mexico courts have new rules surrounding the decision to keep people accused of crimes behind bars before they get a trial.
The rules now require judges to hold individuals in custody if they are re-arrested for certain crimes while awaiting trial for any felony. They must be in custody at least until a judge reviews their case. Judges also have to hold re-offenders awaiting trial for certain misdemeanors, like DWI, negligent use of a firearm, aggravated battery, stalking, and domestic violence, at least until a judge can review the situation.
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“The new rules will help protect our communities while honoring the constitutional rights of people accused of a crime who are presumed innocent under the law,” Administrative office of the Courts Deputy Director Karl Reifsteck said in a press release.
For years, there has been debate over how to update or reform the rules surrounding so-called “pretrial detention.” You can read a deep-dive into the system at this link. The latest rule change was approved by the New Mexico Supreme Court after a public comment period.
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The new rules also create a mandate for judges to re-consider whether or not to hold individuals in custody if those individuals violate their pre-trial release conditions. Previously, judges had discretion on whether or not to review release conditions.
“The revised rules ensure that courts across the state follow the same procedures when a defendant on pretrial release is arrested on a new charge,” Artie Pepin, the director of the Administrative Office of the Courts, said in a press release. “The rules set short deadlines for hearings and issuing orders after courts consider whether to revoke or change the conditions under which a defendant was initially released to await trial.”
