New Mexico Forms Library

9-303. Order setting conditions of release.

[For use with District Court Rule 5-401 NMRA,

Magistrate Court Rule 6-401 NMRA,

Metropolitan Court Rule 7-401 NMRA, and

Municipal Court Rule 8-401 NMRA]

STATE OF NEW MEXICO

[COUNTY OF _______________]

[CITY OF __________________]

__________________ COURT

STATE OF NEW MEXICO

[COUNTY OF _______________]

[CITY OF __________________]

v.                                                                                                                     No. ________

_______________________________, Defendant.

ORDER SETTING CONDITIONS OF RELEASE

Release on recognizance or unsecured bond:

It is ordered that the defendant be released from custody on:

(check and complete applicable alternatives)

[ ]         Personal recognizance.

[ ]         Unsecured appearance bond of $__________________.

[ ]         Third-party custody release to: ____________________ (individual or organization).

Signature of Custodian                   Address (city/zip)                  Area Code/Telephone #

Defendant’s conditions of release:

The court FINDS that the following conditions of release are the least restrictive conditions necessary to reasonably assure the appearance of the defendant as required and the safety of any other person and the community. The defendant shall not violate any federal, state, or local criminal law and shall:

(complete and check only applicable conditions before signature by defendant)

[ ]         not possess firearms or dangerous weapons;

[ ]         not return to the location of the alleged incident;

[ ]         not consume alcohol;

[ ]         not consume cannabis, cannabis products, or synthetic cannabinoids without a certification from a licensed medical practitioner;

[ ]         not buy, sell, consume, or possess illegal drugs;

[ ]         notify the court of any change of address;

[ ]         not leave the (county of __________________) (State of __________________) without prior permission of the court;

[ ]         maintain contact with the defendant’s attorney/seek and consult with an attorney;

[ ]         avoid all contact with the alleged victim or anyone who may testify in this case;

[ ]         have an ignition interlock device installed on any vehicle the defendant may drive; ([ ] camera capable ignition interlock device);

[ ]         be on pretrial supervision and abide by all conditions set by the court and by pretrial services;

[ ]         reside at __________________ (address) unless otherwise agreed to by the court;

[ ]         submit to drug or alcohol testing on the request of _______________________;

[ ]         not leave the defendant’s residence between the hours of ______________ p.m. and _______________ a.m. without prior permission of the court;

[ ]         maintain employment, or, if unemployed, actively seek employment;

[ ]         maintain or commence an educational program;

[ ]         (other conditions) __________________________________________________

Release on secured bond:

            [ ]         The court FINDS that release on non-monetary conditions will not reasonably assure the appearance of the defendant. In making this determination, the court finds the following particularized factors require imposition of a secured bond in the amount set forth below:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

Secured bond of $__________________, secured by:

            [ ]         cash at ten percent (10%) of total bond.

            [ ]         real property bond executed on Form 9-304 NMRA.

            [ ]         either one hundred percent (100%) cash or a surety bond executed on Form 9-304 NMRA.

Defendant’s acceptance of conditions and promise to appear:

I understand the above conditions of release and agree to them.

I understand that the court may have me arrested at any time, without notice, to review and reconsider these conditions.

I understand that my conditions of release may be revoked and I may be charged with a separate criminal offense if I intimidate or threaten a witness, the victim, or an informant, or if I otherwise obstruct justice.

I further understand that my conditions of release may be revoked if I violate a federal, state, or local criminal law.

I agree to appear before the court on __________________, at __________ (a.m.) (p.m.) located at ______________________________ and at any other times and places required in this case by any court.

I understand, that if I fail to appear as required, my bond, if any, may be forfeited, and I may be prosecuted and sent to [jail] [the penitentiary] for the separate offense of failure to appear. I agree to comply fully with each of the conditions imposed on my release and to notify the court promptly if I change the address indicated below.

_______________________________   _____________________________________

Date of signature                                         Defendant’s signature

_______________________________   _____________________________________

Date of release                                             Time of release

_______________________________   _____________________________________

Cell phone number                                      Alternate phone number

___________________________________

Email address

______________________________________________________________________

Mailing address (include city, state, and zip code)

______________________________________________________________________

Physical address (include city, state, and zip code)

Judicial approval of conditions:

___________________________________

Judge’s signature

USE NOTES

(Do not print use notes on pre-printed forms)

1.         This form was revised in 2017 in conjunction with amendments to Rules 5-401, 6-401, 7-401, and 8-401 NMRA. These rules require the court to file written findings of the individualized facts justifying any secured bond as soon as possible, but no later than two (2) days after the conclusion of the pretrial release hearing. Judges are encouraged to enter their written findings on this order at the conclusion of the hearing. If more detailed findings are necessary, the judge should make any supplemental findings in a separate document within two (2) days of the conclusion of the hearing.

2.         If a surety provides bond for the defendant, Form 9-304 NMRA must also be completed. If a third-party custodian is named, the third-party custodian agreement must also be completed and signed.

[Approved, effective September 1, 1990; as amended by Supreme Court Order 07-8300-29, effective December 10, 2007; as amended by Supreme Court Order No. 17-8300-005, effective for all cases pending or filed on or after July 1, 2017; as amended by Supreme Court Order No. 22-8300-015, effective for all cases pending or filed on or after December 31, 2022.]