New Mexico Statutes 31-16A-7. Program participation; reasonable conditions;
termination.
Terms Used In New Mexico Statutes 31-16A-7
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
A. A defendant may be diverted to a preprosecution diversion program for no less than six months and no longer than two years. A district attorney may extend the diversion period for a defendant as a disciplinary measure or to allow adequate time for restitution; provided that the extension coupled with the original period does not exceed two years.
B. A district attorney may require as a program requirement that a defendant agree to such reasonable conditions as the district attorney deems necessary to ensure that the defendant will observe the laws of the United States and the various states and the ordinances of any municipality.
C. If a defendant does not comply with the terms, conditions and requirements of a preprosecution diversion program, the defendant’s participation in the program may be terminated, and the district attorney may proceed with the suspended criminal prosecution of the defendant.
D. If the participation of a defendant in a preprosecution diversion program is terminated, the district attorney shall state in writing the specific reasons for the termination, which reasons shall be available for review by the defendant and the defendant’s counsel.