Pretrial detention overhaul derailed
SANTA FE —A proposal to revamp New Mexico’s pretrial detention system by making it easier to hold defendants in jail until trial was derailed Wednesday in a House committee.
Members of the House State Government, Elections and Indian Affairs Committee voted 6-3 along party lines to table the measure, with Democratic critics saying it could lead to innocent individuals being held in jail.
But backers of House Joint Resolution 4 say changes are needed to a 2016 bail reform constitutional amendment that overhauled New Mexico’s cash bond system and replaced it with one that allows judges to keep defendants in custody if prosecutors can show they pose a danger to the public.
The tabled proposal would do that by allowing those accused of misdemeanor offenses — not just felonies — to be held in jail pending trial and expanding authority for ordering pretrial detention to magistrate judges.
“I don’t think anyone’s going to be thrown into jail and forgotten,” said Dianna Luce, the district attorney for the 5th Judicial District.