ALBUQUERQUE, N.M. – The New Mexico Supreme Court announced on Wednesday that it’s decided on a change to the state’s criminal justice system that will keep more people in jail before their trial. 

People awaiting trial will now be held in jail if they are accused of a new crime while out on conditions of release if the charge falls into certain categories. 

They will remain in jail at least until the judge handling the original case considers whether they should stay there. 

The change comes into play for all felonies and these misdemeanor charges: driving while intoxicated, negligent use of a firearm, aggravated battery, stalking and some domestic violence charges. 

Additionally, when someone awaiting trial violates their conditions of release – like contacting someone they shouldn’t or having a gun when they shouldn’t – judges must consider changing those release conditions. 

“These rules are aimed at making sure we’re taking a really close look – our judges, and prosecutors and defense attorneys – are taking a close look at those defendants,” said Karl Reifsteck, deputy director of the Administrative Office of the Courts. “Zoom in on that small portion of folks who are being rearrested and really take a close look at them.” 

Reifsteck said the state Supreme Court looked at certain data, including a UNM study that showed 18% of people accused of crimes were arrested again before trial. That was in Bernalillo County over four years. 

“There’s this slice of folks we really need to focus on and see how we can really promote public safety in regards to that group,” Reifsteck said. “The Supreme Court feels strongly that in every single instance, this needs a close examination by our judges, by our prosecutors, by our defense attorneys.” 

He said there have been instances where people were released a second time after picking up a new charge.

Two Albuquerque leaders who fought for these changes commented on them Wednesday. 

“We all know the challenges we’ve had concerning this revolving door or rearrest problem. Today, I’m grateful for our Supreme Court because they have made a very common sense but specific change,” Mayor Tim Keller said. “It’s an elegant, simple, legal solution.” 

“It does assist us with our revolving door,” Albuquerque Police Department Chief Harold Medina said. “And honestly, it assists our judicial officials in making sure that they’re well in tune, and they get to weigh in on decisions they’ve made in the past.”