City of Albuquerque
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File #: M-21-11   
Type: Memorial Status: In Council - Final Action
File created: 9/8/2021 In control: City Council
Final action:
Enactment date: Enactment #:
Title: F/S The City Of Albuquerque Reaffirms Its Strong Commitment To End The Drivers Of Crime, Including Criminal Firearm Use And Recidivism (Borrego)
Attachments: 1. M-11.pdf, 2. M-11 Approved Floor Substitute.pdf
Date Action ByActionResultAction Details
9/20/2021 City Council Postponed as SubstitutedPass Action details
9/20/2021 City Council SubstitutedPass Action details
9/8/2021 City Council Introduced (Immediate Action Requested)  Action details
9/8/2021 President Immediate Action Requested  Action details
9/8/2021 City Council PostponedPass Action details

COUNCIL BILL NO. F/S M-21-11 ENACTMENT NO. ________________________

SPONSORED BY: Cynthia D. Borrego

F/S The City Of Albuquerque Reaffirms Its Strong Commitment To End The Drivers Of Crime, Including Criminal Firearm Use And Recidivism (Borrego)
WHEREAS, the Albuquerque Police Department continues to arrest the same violent offenders over and over again, which helps to propagate the notion of a revolving door for criminal offenders; and
WHEREAS, in 2016 the New Mexico Legislature voted 91% in favor of a NM State Constitutional Amendment that granted New Mexico Courts authority to deny release on bail pending trial for dangerous defendants in felony cases while retaining the right to pretrial release for non-dangerous defendants who do not pose a flight risk; and
WHEREAS, later in the same year, 87% of New Mexico voters were in favor of the amendment; and
WHEREAS, under the American system of justice, people charged with a crime are presumed innocent until proven guilty. The New Mexico Constitution has guaranteed since statehood that people charged with a crime have a right to be released pretrial, except in limited instances. By allowing a person to remain free while awaiting trial, the state avoids punishing a person awaiting a determination of guilt - a fundamental principle of our justice system; and
WHEREAS, notwithstanding that crime rates in Albuquerque have continued to rise in recent years, statistics suggest that only a relatively small percentage of those person released before trial commit additional crimes while awaiting trial; and
WHEREAS, the decision to release a defendant awaiting trial results from proceedings where prosecutors carry critical obligations to establish the requisite facts justifying detention, and where the court bears the weighty decision to detain or not detain based on those facts; and
WHEREAS, in addition to potential i...

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