This joint resolution proposes an amendment to Article 2, Section 13 of the New Mexico Constitution, allowing courts to deny bail for individuals charged with a felony if they are deemed to pose an unreasonable risk to public safety or are considered a flight risk. The amendment stipulates that a court may deny bail upon request from the prosecuting authority, provided they can demonstrate, through a hearing, that no conditions of release would adequately protect the community or ensure the individual's appearance in court. Additionally, any appeal regarding a bail denial will be prioritized in court proceedings.

Furthermore, the resolution ensures 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 bond. Those who find themselves in this situation can file a motion with the court for relief from the bond requirement, which the court is obligated to address promptly. The proposed amendment will be presented to the public for approval or rejection during the next general election or any special election called for that purpose.