Rule 5-408. Pretrial release by designee.

A. Scope. This rule shall be implemented by any person designated in writing by the chief judge of the district court under Rule 5-401(N) NMRA. A designee shall execute Form 9-302 NMRA to release a person from detention prior to the person’s first appearance before a judge if the person is eligible for pretrial release under Paragraph B, Paragraph C, or Paragraph D of this rule, provided that a designee may contact a judge for special consideration based on exceptional circumstances. A judge may issue a pretrial order imposing a type of release and conditions of release that differ from those set forth in this rule. B. Minor offenses; release on recognizance. (1) Persons eligible. A designee shall release a person from custody on personal recognizance, subject to the conditions of release set forth in Form 9-302 NMRA, if the person has been arrested and detained for a municipal code violation, game and fish offense under Chapter 17 NMSA 1978, petty misdemeanor, or misdemeanor, subject to the exceptions listed in Subparagraph (B)(2) of this rule; and is not known to be on probation, on parole, or on other release pending trial, sentencing, or appeal for any offense under federal, state, or local law. (2) Exceptions. A person arrested for any of the following offenses is not eligible for release under this paragraph: (a) battery under Section 30-3-4 NMSA 1978; (b) aggravated battery under Section 30-3-5 NMSA 1978; (c) assault against a household member under Section 30-3-12 NMSA 1978; (d) battery against a household member under Section 30-3-15 NMSA 1978; (e) aggravated battery against a household member under Section 30-3-16 NMSA 1978; (f) criminal damage to property of a household member under Section 30-3- 18 NMSA 1978; (g) harassment under Section 30-3A-2 NMSA 1978, if the victim is known to be a household member; (h) stalking under Section 30-3A-3 NMSA 1978; (i) abandonment of a child under Section 30-6-1(B) NMSA 1978; (j) negligent use of a deadly weapon under Section 30-7-4 NMSA 1978; (k) enticement of a child under Section 30-9-1 NMSA 1978; (l) criminal sexual contact under Section 30-9-12(D) NMSA 1978; (m) criminal trespass under Section 30-14-1(E) NMSA 1978, if the victim is known to be a household member; (n) telephone harassment under Section 30-20-12, if the victim is known to be a household member; (o) violating an order of protection under Section 40-13-6 NMSA 1978; or (p) driving under the influence of intoxicating liquor or drugs in violation of Section 66-8-102 NMSA 1978. C. Pretrial release based on risk assessment. A designee shall release a person from custody prior to the person’s first appearance before a judge if the person qualifies for pretrial release based on a risk assessment and a pretrial release schedule approved by the Supreme Court. D. Pretrial release under release on recognizance program. A designee may release a person from custody prior to a person’s first appearance before a judge if the person qualifies for pretrial release under a local release on recognizance program that relies on individualized assessments of arrestees and has been approved by order of the Supreme Court. E. Type of release and conditions of release set by judge. A person who is not eligible for pretrial release by a designee under Paragraph B, Paragraph C, or Paragraph D of this rule shall have the type of release and conditions of release set by a judge under Rule 5-401 NMRA.