Pre-Prosecution Diversion

Purpose

To remove individuals from the Criminal Justice system who are most amenable to rehabilitation and least likely to commit future offenses. To allow for the supervision of defendants through standard guidelines as well as through an individualized plan of care with a proactive emphasis on the importance of the whole system and the interdependence of its parts with regard to community and policing. To provide those persons with services designed to assist them in avoiding future criminal activity while addressing retribution for the victim and restoration of damages through restorative justice. To allow for an individualized plan of care to meet the client's needs, rehabilitate personal growth, and better protect and serve the community by diverting more defendants to the program and promoting a productive member of society.

Eligibility Requirements

  • The defendant must retain or be appointed a defense attorney prior to applying to the Pre-Prosecution Diversion (PPD) Program.

  • The defendant must meet the minimum eligibility criteria established by statute 31-16-A-4 NMSA, 1978 Comp. (1984 Repl. Pamp.) and as modified by the District Attorney for the First Judicial District.

  • The current charge against the defendant must be for a nonviolent felony offense. A defendant charged with arson, a sex offense or residential burglary will generally not be considered for diversion.

  • The offense must not involve the substantial possession of a controlled substance. A defendant charged with drug trafficking will not be considered.

  • The defendant must have no prior felony convictions or significant criminal record.

  • The defendant must not have previously participated in a first offender diversion program.

  • The defendant must agree to submit to all requirements of the PPD Program.

  • The defendant must have proof of legal residence in the United States in the form of a birth certificate, certificate of citizenship, resident alien card, work authorization card, VISA, or proof of other legal status.

  • A defendant who is charged with multiple criminal charges occurring at different times and different locations may not be considered for the PPD Program.

  • The defendant must exhibit characteristics indicating that he or she would successfully complete the PPD Program. The PPD Program is intended to divert those defendants who are most amenable to rehabilitation and least likely to commit future offenses.

  • The defendant must readily admit guilt and voluntarily submit a statement of admission. The statement of admission must provide adequate information to establish every element of each offense charged.

  • In cases in which restitution is owed to the victim, the defendant must pay the full amount of restitution prior to or at the time of application to the program. If the amount due is so great that the defendant cannot afford to pay the entire amount, partial payment may be accepted and the defendant must pay the balance in monthly payments over a specified period of time. Any exceptions to this rule must be approved by the District Attorney and the victim of the crime.

Program Requirements

  • The defendant must abide by all requirements as set forth in the Terms and Conditions.

  • These requirements include but are not limited to:

  • Participate in the PPD Program for an average of 18 months (the term will be no less than 12 months and no more than 24 months)

  • Report to the PPD Program officer twice each month or as instructed and keep all appointments

  • Pay restitution to the victim, if applicable

  • Origination fee of $85.00

  • Complete 50 hours of community service work

  • Submit to and pay for counseling or other treatment programs as deemed necessary

  • Remain completely law-abiding

  • Submit to and pay for urinalyses

  • Maintain employment and/or attend school

  • Refrain from excessive consumption of alcohol

  • Not possess any firearms or other deadly weapons, and

  • Abide by any additional, reasonable conditions as deemed necessary by the District Attorney's Pre-Prosecution Diversion Program.

Successful Completion

To successfully complete the PPD Program, the defendant must comply with all terms and conditions of the program. Upon the defendant's successful completion of the PPD Program, the District Attorney's Office will prepare a Nolle Prosequi to dismiss the criminal proceedings.