Santa Fe, NM - Today, SJR 1, a compromise on bail bond reform, unanimously passed the House of Representatives. The compromise resolution marks a major step forward for criminal justice reform and will grant judges the authority to deny bail to violent offenders, as well as protect non-violent offenders who are not a flight risk from being imprisoned solely because of an inability to afford the cost of bail.
The compromise legislation was developed by House Majority Leader Nate Gentry, Reps. David Adkins and Antonio "Moe" Maestas, along with Sen. Peter Wirth.
"I'm glad to see this important legislation pass the House with unanimous support," Gentry said. "SJR 1 will keep violent defendants off the streets while they're awaiting trial, protecting our families and loved ones from proven threats to public safety. Additionally, the legislation will make sure that non-violent offenders are not unfairly put behind bars for being too poor to afford bail, helping reduce costs for counties and municipalities."
"This compromise helps to balance the scales of justice," said Adkins. "By both strengthening protections against violent crime and also showing compassion for those unfairly punished for their poverty, this legislation is a meaningful and serious reform to our criminal justice system in New Mexico. It also ensures that a necessary service remains available for those who need it."
Under current law, judges are required to grant reasonable bail to every defendant, even the most dangerous defendants who pose a known risk to the community. The compromise legislation will allow non-violent defendants who are not a flight risk to petition the court for relief if they cannot afford bail.
Currently, 38 percent of inmates in the Albuquerque-Bernalillo County Metro Detention Center (MDC) are there solely because they cannot afford bail. Given that it costs $125 per day to house an inmate, the MDC is spending $64,125 per day on these defendants as they await trial. According to officials, 11 percent of those inmates cannot afford to post bonds as low as $100.
The bill now heads back to the Senate for concurrence.