Only on ABC-7: Gov. Martinez slams constitutional amendment reforming bail system

New Mexico Governor Susana Martinez told ABC-7 Monday she is concerned about repeat offenders being back on the streets of her state.

In an exclusive interview with ABC-7’s New Mexico Mobile Newsroom, Martinez said, that as part of New Mexico’s bail reform, criminals will be able to walk out of jail with a simple promise they will appear in court.

It has been four months since the change and some voters have said they did not realize they passed a constitutional amendment that would release a majority of criminal defendants the morning after their arrest – without posting bond.

Martinez said is working to reign in a constitutional amendment passed last November.

“Frankly, the voters who voted for this amendment were misled,” Martinez said, “They were misled that the most dangerous would stay in jail, when in fact, we have murderers who are accused of murder and are walking among us.”

The amendment – approved by 87 percent of voters – states, “a prosecutor must demonstrate that a defendant is a threat to the public … and a defendant not a danger to the community cannot be denied bail because of financial inability to post bond.”“The judges have chosen to misinterpret the amendment that voters voted for and they misinterpreted it to the point that we have people that are out from jail that have committed murders,” Martinez said.

District attorneys must now file for pre-trial detention if the defendant poses a threat to the public.

In New Mexico’s Third Judicial District, the state has filed for 151 pre-trial holds. ABC-7 has learned only 36 have been granted. Except for those 36 people, nearly every other defendant has been freed with a simple promise to return to court.

“It’s hugely concerning because they not only get out on their own recognizance, no one’s supervising them,” said Martinez.

Recently, the state was unable to get pre-trial detention on Tez Soto, a man accused of child abuse.

“They get arrested again for committing new crimes or failing to comply with the conditions of release. They go back to jail, there’s a revolving door. They get back out onto the streets. They commit another crime. They get re-arrested. They go back to jail. The door revolves again and they come back out on the streets,” said Martinez.

The governor told ABC-7 the legislature during the next session can pass an emergency statute to improve the ability to keep violent offenders and repeat offenders in jail.

Any long-term change to the amendment, however, would have to be put before voters in November.