Section 31-16A-1 – Short title.

This act [31-16A-1 to 31-16A-8 NMSA 1978] may be cited as the “Preprosecution Diversion Act”. History: Laws 1981, ch. 33, § 1.

Section 31-16A-2 – Purpose.

The purposes of the Preprosecution Diversion Act are to remove those persons from the criminal justice system who are most amenable to rehabilitation and least likely to commit future offenses, to provide those persons with services designed to assist them in avoiding future criminal activity, to conserve community and criminal justice resources, to provide standard […]

Section 31-16A-3 – Program establishment.

Each district attorney shall establish a preprosecution diversion program in his judicial district in accordance with the provisions of the Preprosecution Diversion Act to the extent public or private funds permit. History: Laws 1981, ch. 33, § 3.

Section 31-16A-4 – Eligibility.

A. A defendant shall meet the following minimum criteria to be eligible for a preprosecution diversion program: (1) the defendant shall have no prior felony convictions for a violent crime; (2) the defendant is willing to participate in the program and submit to all program requirements; (3) any additional criteria set by the district attorney. […]

Section 31-16A-5 – Program functions and responsibilities.

The preprosecution diversion program in each judicial district shall include: A. individual counseling and guidance for all participants; B. required victim restitution where applicable to the extent practical. In addition to monetary restitution, a program may require public service restitution; and C. referral resources where clients may be sent for treatment and rehabilitation. History: Laws […]

Section 31-16A-6 – Waivers; suspension of criminal proceedings.

A. A defendant must secure or be appointed defense counsel to be present at a preprosecution diversion screening interview prior to applying for acceptance into a preprosecution diversion program, and, upon applying, the defendant shall waive his constitutional right to a preliminary hearing as set forth in Rule 15(d) of the Rules of Criminal Procedure […]

Section 31-16A-7 – Program participation; reasonable conditions; termination.

A. A defendant may be diverted to a preprosecution diversion program for no less than six months and no longer than two years. A district attorney may extend the diversion period for a defendant as a disciplinary measure or to allow adequate time for restitution; provided that the extension coupled with the original period does […]

Section 31-16A-8 – Record keeping.

A. Each district attorney shall maintain an accurate record of each individual accepted into a preprosecution diversion program for the purpose of complying with the requirements of Paragraph (4) of Subsection A of Section 4 [31-16A-4A(4) NMSA 1978] of the Preprosecution Diversion Act. B. Each district attorney shall be required to forward to the state […]