By Roger Lanse

A University of New Mexico study, recently released by the New Mexico Administrative Office of the Courts in support of a constitutional bond reform amendment passed by voters five years ago, states that 95 percent of felony defendants in Bernalillo County, released from custody awaiting trial, were not arrested for a violent crime while on pre-trial release. Also, according to the study, 80 percent of released felony defendants did not commit a crime pending trial and of those that did, crimes committed were mostly misdemeanors, petty misdemeanors and fourth degree felonies.

The amendment was publicized as a way to keep violent and habitual offenders incarcerated pending adjudication, but has had an opposite effect, according to Grant County Sheriff Frank Gomez, thanks to the amendment's interpretation by the New Mexico Supreme Court.

Gomez said, "What their interpretation and subsequent rules brought us is a one-solution system under which the vast majority of criminal defendants are immediately released after arrest by law enforcement – with no regard to severity of alleged criminal offense or consideration of a person's criminal history."

Gomez told the Beat that in Grant County numerous violent offenders have had to be released "because of this great catch-and-release program we have, and I feel we're re-victimizing our victims when we're releasing these dangerous people back out into our communities."

As an example, Gomez said, "We had a homicide that was down on the Ridges sometime last year, and because he didn't have anything violent in his past, even though he had allegedly just committed a homicide, he was released. And, we're getting phone calls, "Why did you release him?" Gomez believes there's a misconception with the community that doesn't understand the law. "It's not law enforcement that is releasing these people, it's the judicial system and this catch and release program."

Gomez said prosecutors and judges have their hands tied, so to speak, because of having to follow the rules set down by the state's legislature. As a result, it makes little difference what the severity of the crime is, New Mexico's Pre-Prosecution Services agency automatically recommends the defendant be released pending trial. "it's a revolving door operation," Gomez said.

Gomez said his office is working with local legislatures to attempt to "clean up" the current law with different language to give support to law enforcement, and more importantly, to victims.

Grant County is one of six New Mexico counties in which the AOC is helping courts to expand pre-trial services, the others being Dona Ana, Hidalgo, Luna, San Juan, and Sandoval.