2019 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 16A - Preprosecution Diversion
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 1981, ch. 33, § 5.
ANNOTATIONSTermination of preprosecution agreement by state. — The state may terminate a preprosecution diversion agreement, even if the sole ground is the defendant's nonwilful failure to make restitution, but only if there are no adequate alternatives to termination which will meet the state's legitimate penological interests. State v. Jimenez, 1991-NMSC-041, 111 N.M. 782, 810 P.2d 801.
