Understanding New Mexico’s 2016 Bail Reform

Conversations around bail reform have become more common in New Mexico. Many people mistakenly believe that the sitting governor created the state’s current bail laws. 

In reality, New Mexico’s approach to pretrial release stems from a constitutional amendment passed by voters in 2016.

This amendment to Article II, Section 13 of the New Mexico Constitution fundamentally changed how courts handle pretrial release and continues to shape our criminal justice system.

Why Was the 2016 Amendment Created?

The Old System: Bail for Nearly Everyone

Before 2016, New Mexico’s constitution guaranteed the right to bail for nearly all defendants, regardless of risk to the public. Judges could deny bail in only a few limited circumstances, such as in capital cases. 

That meant:

• Defendants who posed a serious danger could still walk free if they could pay.

• At the same time, low-risk individuals charged with minor offenses often stayed behind bars simply because they couldn’t afford bail.

This imbalance highlighted two significant flaws: public safety was at risk, and low-income individuals were disproportionately harmed.

Legal Challenges and Task Force Findings

In 2014, the New Mexico Supreme Court ruled in State v. Brown that courts were improperly setting high bail amounts without considering the required factors. This decision, combined with a growing recognition of inequities, prompted the Supreme Court to convene a task force on pretrial release.

The task force reported that roughly 40% of the people in New Mexico’s jails were there pretrial, many of them low-risk individuals detained only because they lacked the money for bail. At the same time, individuals who did pose a risk to the community could still secure release if they had financial resources.

The Push for Reform

The late Justice Charles W. Daniels of the New Mexico Supreme Court strongly advocated for change, noting that the old system punished poverty while failing to protect communities. 

His position was simple: the ability to pay should not determine who stays in jail or who walks free.

The 2016 Amendment

In response, the legislature passed Senate Joint Resolution 1, which placed Amendment 1 on the November 2016 ballot. 

The measure proposed two key changes:

1. Protecting Community Safety

   Courts gained authority to deny release for felony defendants if prosecutors prove, by clear and convincing evidence, that no release conditions could keep the community safe.

2. Protecting the Rights of Low-Risk Defendants

   Courts could no longer hold non-dangerous defendants solely because they lacked money for bail. Instead, judges must impose the least restrictive conditions necessary to ensure appearance in court and protect public safety.

New Mexicans voted overwhelmingly in favor of this change, with 87% voting yes.

Here’s how it read on the ballot:

“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.”

Sounds good, right?  

How Can This Law Be Changed?

Because the amendment is part of New Mexico’s Constitution, changing it requires more than just passing a new law. There are two main paths:

1. Legislative Referral

   • Lawmakers in the New Mexico House and Senate can pass a resolution to place a proposed amendment on the ballot.

   • Voters then decide in a general election whether to approve it.

     
     

2. Constitutional Convention or Commission

   • In rare cases, a constitutional convention or independent commission can propose changes.

   • Any proposals still require approval from voters.

The power ultimately rests with the people of New Mexico. This is why it’s important for voters to research what’s on the ballot before heading to the polls. You can get your sample ballot at NMVote.org. 

Ballot language can sometimes be confusing, so take time to read carefully, ask questions, and make sure you have a clear understanding of what a measure would do before casting your vote.

The Role of a Sheriff

While sheriffs don’t have direct authority to change the constitution, they can play a powerful role in shaping the conversation and influencing lawmakers:

• Testifying Before Legislators: Sheriffs can share firsthand experiences about how bail laws impact community safety and the justice system.

• Meeting with Lawmakers: As elected officials themselves, sheriffs have credibility when speaking with legislators in Santa Fe. They can urge them to sponsor or support an amendment.

• Coalition Building: Sheriffs can work alongside the New Mexico Sheriffs’ Association, district attorneys, county commissioners, and community groups to demonstrate widespread concern.

• Educating the Public: Because voters must approve any constitutional change, sheriffs can help ensure that citizens understand the issues and what’s at stake.

Through these efforts, a sheriff can advocate for reforms that reflect both community safety and fairness in the justice system.

How I Will Address Bail Reform as San Juan County Sheriff

The 2016 bail reform amendment was designed to address real problems in New Mexico’s justice system: dangerous individuals walking free because they had money, and low-risk individuals sitting in jail because they did not.

It wasn’t the creation of any one governor. It was the product of court rulings, a bipartisan legislative effort, and ultimately, a decision by New Mexico voters.

As conversations about bail reform continue, it’s essential to understand both the history and the process for change. 

Sheriffs, legislators, and citizens all have a role to play in shaping a system that is both fair and safe.

As sheriff, I will use my voice to bring the realities of this law to the attention of legislators in Santa Fe, advocating for changes that strengthen community safety while respecting constitutional rights. 

I’ll also work with local partners and the public to ensure that our county’s concerns are heard in statewide conversations about bail reform.