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§ 31-16A-4 NMSA 1978

Eligibility

Known as the Preprosecution Diversion Act

The act spans §§ 31–31 (8 sections).

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

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.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.