A bill with the backing of Gov. Michelle Lujan Grisham that would make it easier to detain New Mexicans accused, yet not convicted, of crimes has stalled in the Senate due to concerns it violates the state constitution.
The Democratic-sponsored bill would shift the burden of proof for whether a person charged with certain violent crimes — like murder and child abuse — should be able to be in the community until they get their day in court.
Right now, it’s on prosecutors to prove that no conditions would make it safe enough to release this person. Senate Bill 123 would have judges presume the accused are too dangerous to be let out based on the gravity of the charges, making it the defense’s job to prove they’re not.
Opponents, including attorney Kim Chavez-Cook with the Law Offices of the Public Defender, told the Senate Judiciary Committee last month that the bill would violate the rights of the accused.
“The constitution of New Mexico is very clear that the state bears a burden of proof of clear and convincing evidence,” she said.
Bernalillo County District Attorney Sam Bregman told senators on the Health and Public Affairs Committee Wednesday that he supports the bill “100 percent,” encouraging them to let the state Supreme Court determine if it violates New Mexicans’ rights.
“Let’s try and get this to the finish line, and if it's unconstitutional, they’ll let us know,” he said.
The Albuquerque Journal reports the majority of the committee didn’t go for it, electing instead to table the bill on a 4-3 vote, with Republicans and one Democrat opposed. That doesn’t necessarily mean it’s done for good this session, but it often can.
