New Mexico Statutes

§ 31-16A-4 — Eligibility

New Mexico § 31-16A-4
JurisdictionNew Mexico
Ch. 31Criminal Procedure
Art. 16APreprosecution Diversion

This text of New Mexico § 31-16A-4 (Eligibility) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
N.M. Stat. Ann. § 31-16A-4 (2026).

Text

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 appea

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Legislative History

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

Nearby Sections

15
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Bluebook (online)
New Mexico § 31-16A-4, Counsel Stack Legal Research, https://law.counselstack.com/statute/nm/31/31-16A-4.