Section 31-26-11 – Procedures when an inmate or delinquent child escapes; corrections department; children, youth and families department.
A. The corrections department or the children, youth and families department shall immediately notify the sentencing judge or the children’s court judge, the district attorney of the judicial district from which the inmate or delinquent child was committed and the probation officer who authored the presentence report when an inmate or delinquent child: (1) escapes […]
Section 31-26-12 – Procedures when an inmate is released from incarceration; adult parole board; corrections department; procedures when a delinquent child is released from custody; juvenile parole board; children, youth and families department; district attorneys.
A. The adult parole board and the children, youth and families department shall provide a copy of their respective regular release dockets to each district attorney in the state at least ten working days before the docket is considered. The district attorney shall notify any person known to reside in the district who was a […]
Section 31-26-1 – Short title.
Chapter 31, Article 26 NMSA 1978 may be cited as the “Victims of Crime Act”. History: Laws 1994, ch. 144, § 1; 2005, ch. 283, § 2. ANNOTATIONS The 2005 amendment, effective June 17, 2005, added the statutory reference to the act. Law reviews. — For note and comment, “Complying with Nunez: The Necessary Procedure […]
Section 31-26-2 – Purpose of act.
Recognizing the state’s concern for victims of crime, it is the purpose of the Victims of Crime Act to assure that: A. the full impact of a crime is brought to the attention of a court; B. victims of violent crimes are treated with dignity, respect and sensitivity at all stages of the criminal justice […]
Section 31-26-3 – Definitions.
As used in the Victims of Crime Act: A. “court” means magistrate court, metropolitan court, children’s court, district court, the court of appeals or the supreme court; B. “criminal offense” means: (1) negligent arson resulting in death or bodily injury, as provided in Subsection B of Section 30-17-5 NMSA 1978; (2) aggravated arson, as provided […]
Section 31-26-4 – Victim’s rights.
A victim shall have the right to: A. be treated with fairness and respect for the victim’s dignity and privacy throughout the criminal justice process; B. timely disposition of the case; C. be reasonably protected from the accused throughout the criminal justice process; D. notification of court proceedings; E. attend all public court proceedings the […]
Section 31-26-5 – Exercise of rights; requirements for victim.
A victim may exercise his rights pursuant to the provisions of the Victims of Crime Act only if he: A. reports the criminal offense within five days of the occurrence or discovery of the criminal offense, unless the district attorney determines that the victim had a reasonable excuse for failing to do so; B. provides […]
Section 31-26-6 – When rights and duties take effect; termination of rights and duties.
The rights and duties established pursuant to the provisions of the Victims of Crime Act take effect when an individual is formally charged by a district attorney for allegedly committing a criminal offense against a victim. Those rights and duties remain in effect until final disposition of the court proceedings attendant to the charged criminal […]
Section 31-26-7 – Designation or appointment of victim’s representative.
A. A victim may designate a victim’s representative to exercise all rights provided to the victim pursuant to the provisions of the Victims of Crime Act. A victim may revoke his designation of a victim’s representative at any time. B. When a victim is deceased, incompetent or unable to designate a victim’s representative, the court […]
Section 31-26-8 – Procedures for providing victims with preliminary information; law enforcement agencies.
The law enforcement agency that investigates a criminal offense shall: A. inform the victim of medical services and crisis intervention services available to victims; B. provide the victim with the police report number for the criminal offense and a copy of the following statement: “If within thirty days you are not notified of an arrest […]