2021 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 16A - Preprosecution Diversion
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.

History: Laws 1981, ch. 33, § 4; 2019, ch. 211, § 5.

The 2019 amendment, effective July 1, 2019, revised eligibility requirements for preprosecution diversion, requiring only that the defendant have no prior felony convictions for a violent crime and is willing to participate in the program and submit to program requirements while allowing the district attorney to set any additional requirements; in Subsection A, after "defendant", deleted "must" and added "shall", in Paragraph A(1), after "defendant", deleted "must" and added "shall", after "violent crime;", deleted "and no prior felony convictions for any crime for the previous ten years", deleted former Paragraphs A(2) through A(4) and redesignated former Paragraph A(5) as Paragraph A(2), deleted former Paragraphs A(6) and Paragraph A(7), and added a new Paragraph A(3); in Subsection B, after "A", deleted "district attorney may set additional criteria" and added the remainder of the subsection; and added Subsection C.