This joint resolution proposes an amendment to Article 2, Section 13 of the New Mexico Constitution, allowing courts of record to deny bail for individuals charged with felony offenses if the prosecuting authority can demonstrate, by clear and convincing evidence, that release conditions would not adequately protect the safety of others or the community. Additionally, the resolution empowers the legislature to designate certain felony offenses as dangerous or violent, creating a presumption that release conditions will not ensure safety. In such cases, the burden would shift to the accused to rebut this presumption by a preponderance of the evidence.

The amendment also stipulates that individuals who are not deemed a danger or flight risk and are otherwise eligible for bail cannot be detained solely due to their inability to pay a monetary or property bond. Those individuals may file a motion with the court for relief from the bond requirement, which must be addressed promptly. The proposed amendment will be presented to the public for approval or rejection during the next general election or at a special election prior to that date.