The purpose of the Pre-Prosecution Diversion Act [31-16A-1 to 31-16-A-8 NMSA] is to remove those persons from the criminal justice system who are amenable to rehabilitation and least likely to commit future offenses, to provide those persons with services designed to assist them in avoiding future criminal activity and to conserve community and criminal justice resources.
Eligibility Criteria
The defendant must be represented by an attorney.
The District Attorney must agree to the defendant’s diversion into the program.
The defendant must have no prior felony conviction for any crime during the past 10 years.
The defendant must not have previously participated in a similar program during the last 10 years.
If the defendant was previously on probation, the probation must not have been revoked or unsatisfactorily discharged.
The crime alleged to have been committed by the defendant must be nonviolent in nature, with the exception of domestic disputes not involving a minor.
If the offense charged is drug-related, it must not involve the sale or possession of substantial amounts of a controlled substance.
The defendant is willing to participate in the program and submit to all program requirements.
The District Attorney, at his or her discretion may set additional criteria.
PPD Program Functions and Responsibilities
Individual counseling and guidance for all participants;
Required victim restitution where applicable to the extent practical;
Community service in all cases and;
Referral resources, where participants may be sent for treatment and rehabilitation.
PPD Program Requirements
The PPD participant must:
Provide a detailed written statement admitting to the crime in which he/she is charged (said statement will be used against the defendant if he/she is unsuccessfully terminated from the program).
Complete a probationary term from six to twenty-four months.
Report to the PPD Officer at the District Attorney’s discretion for the entire PPD term.
Complete 80 to 120 hours of community service work with the first six months of the program.
Attend individual and/or group counseling as deemed necessary.
Undergo random drug testing and pay for any required drug testing fees.
Pay monthly costs to the District Attorney’s Office at a minimum of $15.00 and a maximum of $85.00.
Make full restitution to the victim in all applicable cases.
Obtain their General Education Diploma when applicable.
Tour Southern New Mexico Correctional Facility.
Comply with all federal, state, and local laws.
Comply with any additional requirements set forth by the District Attorney.
