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

6

(1) Review. If the magistrate court requires a secured bond for the defendant’s 7

release under Paragraph E of this rule or imposes non- monetary conditions of release under 8

Paragraph D of this rule, and the defendant remains in custody twenty-four (24) hours after the 9

issuance of the order setting conditions of release as a result of the defendant’s inability to post the 10

secured bond or meet the conditions of release in the present case, the defendant shall be entitled 11

to a hearing to review the conditions of release. 12

(2) Review hearing. The magistrate court shall hold a hearing in an expedited 13

manner, but in no event later than five (5) da ys after the initial conditions of release hearing. The 14

defendant shall have the right to assistance of retained or appointed counsel at the hearing. Unless 15

the order setting conditions of release is amended and the defendant is then released, the court shall 16

file a written order setting forth the reasons for declining to amend the order setting conditions of 17

release. The court shall consider the defendant’s financial ability to secure a bond. No defendant 18

eligible for pretrial release under Article II, Section 13 of the New Mexico Constitution shall be 19

detained solely because of financial inability to post a secured bond unless the court determines 20

by clear and convincing evidence and makes findings of the reasons why the amount of secured 21

bond required by the court is reasonably necessary to ensure the appearance of the particular 22

defendant as required. The court shall file written findings of the individualized facts justifying 23

MAGISTRATE COURT CRIMINAL Supreme Court Approved

RULE 6-401 July 29, 2025

RCR No. S-1-RCR-2025-00150 8

the secured bond as soon as possible, but no later than two (2) days after the conclusion of the 1

hearing. 2

(3) Work or school release. A defendant who is ordered released on a condition 3

that requires that the defendant return to custody after specified hours shall, on motion of the 4

defendant or the court’s own motion, be entitle d to a hearing to review the conditions imposed. 5

Unless the requirement is removed and the defendant is released on another condition, the court 6

shall file a written order setting forth the reason for the continuation of the requirement. A hearing 7

to review conditions of release under this subparagraph shall be held by the magistrate court within 8

five (5) days of the filing of the motion. The defendant shall have the right to assistance of retained 9

or appointed counsel at the hearing. 10

(4) Subsequent motion for review. The defendant may file subsequent motions 11

for review of the order setting conditions of release, but the court may rule on subsequent motions 12

with or without a hearing. 13