N.M. Stat. § 31-16A-4

Current through 2024, ch. 69
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.
B. A person who meets all of the criteria pursuant to Subsection A of this section may be entered into the preprosecution diversion program; provided that the district attorney may elect not to divert a person to the preprosecution diversion program even though that person meets the minimum criteria set forth in this section.
C. A decision by the district attorney not to divert a person to the preprosecution diversion program is not subject to appeal and shall not be raised as a defense to any prosecution or habitual offender proceeding.

NMS § 31-16A-4

Laws 1981, ch. 33, § 4.
Amended by 2019, c. 211,s. 5, eff. 7/1/2019.