This joint resolution proposes an amendment to Article 2, Section 13 of the New Mexico Constitution, aimed at modifying the current bail provisions. The amendment seeks to eliminate the stipulation that only courts of record can deny bail and that only prosecuting authorities can request a hearing for bail denial. Instead, it would empower all courts to deny bail for any criminal offense if they find, by clear and convincing evidence, that the conditions of release would not ensure the individual's appearance in court or protect the safety of others or the community. Additionally, the resolution allows for the establishment of specific conditions under which bail may be denied by law.

The proposed amendment also emphasizes that individuals should not be detained solely due to their financial inability to post bail, provided they are not deemed a danger or flight risk. It mandates that those who qualify for bail but cannot afford it may file a motion for relief, which the court must address promptly. The resolution stipulates that the amendment will be presented to the public for approval or rejection during the next general election or any special election called for that purpose.