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Bill Summary · HJR 22

Summary — HJR 22 (Denial of Bail, CA)

Purpose
HJR 22 is a proposed amendment to Article II, Section 13 of the New Mexico Constitution to permit the Legislature to define certain “dangerous or violent felony offenses” for which a court of record may presume that release would not reasonably protect other persons or the community and therefore deny bail. It also clarifies bail eligibility for persons charged with capital offenses and shifts the burden to the charged person to rebut the presumption.

Key provisions

  • Amends Article II, Section 13 (Denial of Bail) to:
    • Add the words “persons charged with” to clarify that those charged with capital offenses remain eligible to post bail (clarifying scope).
    • Authorize the Legislature to designate, by statute, specific dangerous or violent felony offenses that create a rebuttable presumption against release.
    • Require the person charged to rebut the presumption by a preponderance of the evidence (i.e., more likely than not).
    • Replace the term “defendant” with the term “person” throughout the provision.
  • Placement before voters: the amendment would be submitted to voters at the next general election (November 2026) or at a special election; it takes effect only if approved by voters.

Who is affected

  • People charged with designated dangerous/violent felonies (burden shifts to them to show release is safe).
  • Courts (trial courts of record) — increased pretrial detention hearings and associated workload.
  • Prosecutors and public defenders — increased hearings and defense workload; Law Office of the Public Defender (LOPD) projects additional attorneys/staff needed.
  • County jails and the Corrections ecosystem — more pretrial detainees and associated custody costs.
  • Taxpayers — increased state and local operating costs; voters (must approve amendment).

Fiscal impact (summary of LFC fiscal note)

  • One-time election printing/publication cost: approximately $35,000–$50,000.
  • Estimated near-term additional operating costs (Legislative Finance Committee table):
    • FY25: ~$3.85 million
    • FY26: ~$11.54 million
    • FY27: ~$11.59 million
    • 3‑year total: ~$26.98 million
  • Notable components:
    • County jail costs estimated at $3.8 million to $9.3 million annually (based on 394–973 additional pretrial detainees held ~6 months).
    • LOPD estimates statewide impact ≈ $1.892 million (including contract counsel).
    • Administrative Office of the Courts (AOC) expects substantial staff/time costs for additional pretrial detention hearings (AOC estimate: ~3+ hours per hearing; per‑hearing staffing cost around $178.35).
  • Fiscal note assumes HJR22 would operate in conjunction with statutory changes like HB165 defining “dangerous felony offense.”

Significant issues and uncertainties

  • The amendment depends on the Legislature to define which offenses are “dangerous or violent”; current statutory definitions are fragmented and sometimes fact-dependent, raising legal uncertainty.
  • The rebuttal standard is preponderance of the evidence (relatively low), which may make denial of bail more likely.
  • The fiscal and operational impacts depend heavily on statutory definitions adopted later (e.g., HB165) and on detention rates, length of pretrial confinement, and local court/jail practices.

Legislative status / timeline

  • Filed and read in 2025; referred to State Affairs and Judiciary committees; transmitted to House Government, Elections & Indian Affairs Committee & House Judiciary Committee.
  • Action postponed indefinitely (June 3, 2025).
  • If advanced again, the proposed constitutional amendment would be placed on the ballot for voter approval (target: Nov 2026 general election or a special election).

Compiled from official sources — confirm details with the bill’s official record.

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