Section 31-16A-4 - Eligibility. - New Mexico Statutes

31-16A-4. Eligibility.

A.     A defendant must meet the following minimum criteria to be eligible for a preprosecution diversion program:   

(1)     the defendant must have no prior felony convictions for a violent crime and no prior felony convictions for any crime for the previous ten years;   

(2)     the crime alleged to have been committed by the defendant is nonviolent in nature, with the exception of domestic disputes not involving a minor;   

(3)     if the defendant was on probation previously, his probation must not have been revoked or unsatisfactorily discharged;   

(4)     the defendant has not been admitted into a similar program for the previous ten years;   

(5)     the defendant is willing to participate in the program and submit to all program requirements;   

(6)     the crime alleged to have been committed by the defendant does not involve substantial sale or possession of controlled substances; and

(7)     a person meeting all of the above criteria and any additional criteria established by the district attorney may be entered into the preprosecution diversion program. The district attorney may elect to not divert a person to the preprosecution diversion program even though that person meets the minimum criteria herein set forth. A decision by the district attorney to not divert to the preprosecution diversion program is not subject to appeal and may not be raised as a defense to any prosecution or habitual offender proceeding.

B.     A district attorney may set additional criteria.