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. 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.
“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.
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 parole. 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.”
