What is the Victim Witness Assistance Program?

At any point in time, anyone could be the victim of a crime. Victims have no choice in becoming victims and may find themselves alone, helpless and without resources. The Victim Witness Assistance Program was created to help with the trauma and the burden the victim suffers as a result of the commission of a crime. The Victim Witness Assistance Program provides the following services:

• Information and assistance regarding the New Mexico Crime Victim’s Reparation Commission.
• Crisis intervention.
• Direct personal assistance throughout the victim’s time of crisis.
• Referrals and information for victims regarding mental health services, social services, medical resources, rehabilitative services and information on financial assistance.
• Information to victims and witnesses about the different stages of the criminal justice process.
• Assists the victim in preparing a victim impact statement for the court to determine restitution and/or sentencing.

• Raises community awareness about crime victims.
• Coordinates efforts between local law enforcement agencies, judicial officials, community service agencies and citizen groups to aid victims.

The Crime Victims Reparation Act was enacted in 1981. This law is designed to assist in relieving the financial hardships suffered by innocent victims of violent crime by providing for the reimbursement of expenses for personal injuries of the victim.

Who Qualifies?

• Aggravated Arson
• Aggravated Assault
• Aggravated Battery
• Dangerous Use of Explosives
• Negligent Use of a Deadly Weapon
• Murder
• Voluntary Manslaughter
• Involuntary Manslaughter

• Kidnapping
• Criminal Sexual Penetration
• Criminal Sexual Contact of a Minor
• Armed Robbery
• Homicide by Vehicle
• Great Bodily Injury by Vehicle
• Abandonment or Abuse of a Child
• Aggravated Stalking

Who Can Apply?

You may file an application if you are:

1. the victim of a crime;
2. a dependent of a deceased victim of a crime committed in New Mexico, or;
3. a person who has voluntarily assumed medical or funeral expenses of the victim of a crime committed in New Mexico.

Is There a Time Limit for Filing?

Yes. The application must be filed with the Crime Victims Reparation Committee within 2 years of the date of the injury or death of the victim.

Types of Reparation

• Reasonable medical and hospital expenses
• Funeral expenses
• Actual loss of earnings

How does a Person Qualify?

The victim must report the crime to the proper authorities within 30 days, and must cooperate with law enforcement agencies. The criminal cannot be related to the victim by birth, be a member of the criminal’s family, or be an accomplice to the criminal. The exceptions are victims of domestic violence and child abuse. The victim cannot be a person who was confined in a county or municipal jail, penitentiary, or other correctional facility at the time of the crime.

Where Can I Obtain an Application?

Applications are available by contacting:

District Attorney’s Office
Victim Witness Assistance Program
845 North Motel Blvd. Suite D
Las Cruces, NM 88007
(575) 524-6370

The Victim Witness Assistance Program will help you determine if you are eligible and will also help you fill out the application. There is no cost for filling out the application.

Victims shall have the right to:

1. Be treated with fairness and respect for the victim’s dignity and privacy throughout the criminal justice process;
2. Timely disposition of the case;
3. Be reasonably protected from the accused throughout the criminal justice process;
4. Notification to court proceedings;
5. Attend all public court proceedings the accused has the right to attend;
6. Confer with the prosecution;
7. Make a statement to the court at sentencing and at any post-sentencing hearings for the accused;
8. Restitution from the person convicted of the criminal offense that caused the victim’s loss or injury;
9. Information about the conviction; sentencing; imprisonment, escape or release of the accused;
10. Have the prosecuting attorney notify the victim’s employer, if requested by the victim, of the necessity of the victim’s cooperation and testimony in a court proceeding that may necessitate the absence from work for good cause;
11. Promptly receive any property belonging to the victim that is being held for evidentiary purposes by a law enforcement agency for the prosecuting attorney, unless there are compelling evidentiary reasons for retention of the victim’s property, and;
12. Be informed by the court at a sentencing proceeding that the offender is eligible to earn meritorious deductions from the offender’s sentence and the amount of meritorious deductions that may be earned by the offender.

Nothing in the Bill of Rights Act creates a cause of action on behalf of any person against any public employer, public employee, public agency responsible for the enforcement of right of provision of services set forth in the act.