{"data":{"id":"us-nm/31-16a-4","jurisdiction":"us-nm","citation":"31-16A-4","heading":"Eligibility.","body":"A. A defendant shall meet the following minimum criteria to be eligible for a preprosecution diversion program:\n(1) the defendant shall have no prior felony convictions for a violent crime;\n(2) the defendant is willing to participate in the program and submit to all program requirements;\n(3) any additional criteria set by the district attorney.\nB. 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.\nC. A decision by the district attorney not to divert a person to the preprosecution diversion program is not subject to appeal and shall not be raised as a defense to any prosecution or habitual offender proceeding.","path":["Chapter 31 - Criminal Procedure","ARTICLE 16A Preprosecution Diversion"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18531/index.do","current_through":"2026-05-20","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"dab5b4d5eb32a95d7078633bfa59546156671e97089f33a6271239d9f58ac89c","source_id":"us-nm","stale":false,"prev":"us-nm/31-16a-3","next":"us-nm/31-16a-5"},"notice":"GroundRules: Original legal text. Not legal advice."}