N.M. Sup. Ct. Order No. S-1-AO-2025-00013 (amended) E

If the court makes written findings of the particularized reasons 18

why release on personal recognizance or unsecured appearance bond, in addition to any non-19

monetary conditions of release, will not reasonably ensure the appearance of the defendant as 20

required, the court may require a secured bond for the defendant’s release. 21

(1) Factors to be considered in setting secured bond. 22

MAGISTRATE COURT CRIMINAL Supreme Court Approved

RULE 6-401 July 29, 2025

RCR No. S-1-RCR-2025-00150 5

(a) In determining whether any secured bond is necessary, the court 1

may consider any facts tending to indicate that the particular defendant may or may not be likely 2

to appear as required. 3

(b) The court shall set secured bond at the lowest amount necessary to 4

reasonably ensure the defendant’s appearance and with regard to the defendant’s fin ancial ability 5

to secure a bond. 6

(c) The court shall not set a secured bond that a defendant cannot afford 7

for the purpose of detaining a defendant who is otherwise eligible for pretrial release. 8

(d) Secured bond shall not be set by reference to a predetermined 9

schedule of monetary amounts fixed according to the nature of the charge. 10

(2) Types of secured bond. If a secured bond is determined necessary in a 11

particular case, the court shall impose the first of the following types of secured bond that w ill 12

reasonably ensure the appearance of the defendant. 13

(a) Percentage bond. The court may require a secured appearance bond 14

executed by the defendant in the full amount specified in the order setting conditions of release, 15

secured by a deposit in cash of ten percent (10%) of the amount specified. The deposit may be 16

returned as provided in Paragraph L of this rule. 17

(b) Property bond. The court may require the execution of a property 18

bond by the defendant or by unpaid sureties in the full amount specified in the order setting 19

conditions of release, secured by the pledging of real property in accordance with Rule 6-20

401.1 NMRA. 21

(c) Cash or surety bond. The court may give the defendant the option 22

of either 23

MAGISTRATE COURT CRIMINAL Supreme Court Approved

RULE 6-401 July 29, 2025

RCR No. S-1-RCR-2025-00150 6

(i) a secured appearance bond executed by the defendant in the 1

full amount specified in the order setting conditions of release, secured by a deposit in cash of one 2

hundred percent (100%) of the amount specified, which may be returned as provided in Paragraph 3

L of this rule, or 4

(ii) a surety bond executed by licensed sureties in accordance 5

with Rule 6-401.2 NMRA for one hundred percent (100%) of the full amount specified in the order 6

setting conditions of release. 7