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 defendant'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 who are eligible for bail should not be detained solely due to their inability to pay for bail. It ensures that those who are neither a danger to the community nor a flight risk can seek relief from the requirement to post bail if they cannot afford it. The resolution mandates that the amendment be presented to the public for approval or rejection during the next general election or any special election held prior to that date.