Chapter 31, Chapter 31

If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before…

This act [31-8-1 to 31-8-6 NMSA 1978] shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it. History: Laws 1937, ch. 66, § 5; 1941 Comp., § 42-1217; 1953 Comp., § 41-12-17.

This act [31-8-1 to 31-8-6 NMSA 1978] may be cited as "Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings". History: Laws 1937, ch. 66, § 6; 1941 Comp., § 42-1218; 1953 Comp., § 41-12-18.

A. When a party or the court raises a question as to a defendant's competency to stand trial in a criminal case, the proceeding shall be suspended until the issue is determined. B. Unless the case is dismissed upon motion of a party or through diversion, if the question of a defe…

determination. A. A defendant's competency shall be evaluated by a psychologist or psychiatrist or other qualified professional recognized by the district court as an expert. The qualified professional who evaluates a defendant's competency shall prepare an evaluation report and …

A. If, after a competency hearing, a court determines that a defendant is not competent to stand trial, the court shall determine if the defendant is dangerous. A defendant who is not competent is dangerous if the court finds by clear and convincing evidence that the defendant pr…

continuing treatment. A. Within ninety days after a court issues an order committing a defendant for competency restoration, the court, sitting without a jury, shall conduct a review hearing, unless waived by the defense, and shall determine: (1) whether the defendant has been re…

If at any time the district court determines that there is not a substantial probability that the defendant will be restored to competency within nine months from the date the court determined the defendant is not competent to stand trial, the district court may: A. hold a crimin…

evidentiary hearing. A. If the court determines that there is not a substantial probability that a defendant who is not competent to stand trial will be restored to competency, a commitment hearing to determine the sufficiency of the evidence of the defendant's guilt shall be hel…

disability. A. Upon motion of a party or the court, the court shall hold a hearing to determine whether the defendant is not competent due to a developmental or intellectual disability as defined in Subsection E of this section, and the evaluator shall be provided with the necess…

A. Upon motion of a party or the court, the court shall order a mental examination of the defendant before making any determination of the defendant's competency. If the defendant is determined to be indigent, the court shall pay for the costs of the examination from funds availa…

A. All appeals and writs of error in criminal cases have the effect of a stay of execution of the sentence of the district court until the decision of the supreme court or court of appeals. B. If a defendant is convicted of a capital or violent offense and is sentenced to death o…

recognized.] If an appeal be granted, the district court shall order the defendant to be committed or recognized and the commitment or recognizance shall be to the same effect as when the defendant himself is appellant. History: Laws 1917, ch. 43, § 51; C.S. 1929, § 105-2528; 194…

In any criminal case, if the supreme court or court of appeals affirms the judgment of the district court upon review brought by the defendant, it shall direct that the sentence pronounced be executed; and if the judgment is reversed, it shall direct a new trial or that the defen…

In any criminal case, if the supreme court or court of appeals affirms the judgment of the district court upon review brought by the state, it shall direct that the defendant be discharged; and if the judgment is reversed, it shall direct the district court to enter judgment on t…

The district court to which any criminal cause shall be remanded for new trial shall proceed thereon in same manner as if said cause had not been theretofore tried. History: Laws 1917, ch. 43, § 57; C.S. 1929, § 105-2531; 1941 Comp., § 42-1507; 1953 Comp., § 41-15-7.

A prisoner in custody under sentence of a court established by the laws of New Mexico claiming the right to be released upon the ground that the sentence was imposed in violation of the constitution of the United States, or of the constitution or laws of New Mexico, or that the c…

fund created; appropriation; program requirements. A. The "domestic violence offender treatment or intervention fund" is created in the state treasury. The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administrat…

The court, by its own motion or by defendant petition, may waive fees or costs assessed prior to July 1, 2024. History: Laws 2023, ch. 184, § 4.

service option. A. Any person sentenced to pay a fine or to pay fees and costs in any criminal proceeding against the person, either in addition to or without a term of imprisonment, shall be allowed to pay such fine, fees or costs in installments of such amounts, at such times a…

There is created in the state treasury the "crime laboratory fund". The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act [Chapter 7, Article 1 NMSA 1978]. All balances in the crime laboratory fund …

public trust. A person who has been convicted of a felony shall not be permitted to hold an office of public trust for the state, a county, a municipality or a district, unless the person has presented the governor with a certificate verifying the completion of the sentence and w…

Chapter 31, Article 15 NMSA 1978 may be cited as the "Public Defender Act". History: 1953 Comp., § 41-22A-1, enacted by Laws 1973, ch. 156, § 1; 2013, ch. 195, § 2.

A. Under the supervision and control of the chief, each district public defender shall administer the operation of the department office within his district. B. The district public defender or the chief may authorize the representation of a person who is without counsel and who i…

employed by the department prohibited. A. For the purposes of the exempt salaries plan prepared pursuant to Section 10-9- 5 NMSA 1978, each district public defender shall be considered an assistant in the offices of the chief. B. All employees of the department other than the chi…

indigency determination. A. If any person charged with any crime or a delinquent act that carries a possible sentence of imprisonment appears in any court without counsel, the judge shall inform the person of the person's right: (1) to confer with the district public defender; an…

As used in the Public Defender Act: A. "chief" means the chief public defender; B. "commission" means the public defender commission; C. "court" means the district, metropolitan and magistrate courts of this state; D. "department" means the public defender department; E. "distric…

removal. A. The public defender commission, created pursuant to Article 6, Section 39 of the constitution of New Mexico, consists of eleven members. Members shall be appointed as follows: (1) the governor shall appoint one member; (2) the chief justice of the supreme court shall …

A. A person appointed to the commission shall have: (1) significant experience in the legal defense of criminal or juvenile justice cases; or (2) demonstrated a commitment to quality indigent defense representation or to working with and advocating for the population served by th…

A. The commission shall hold its first meeting by September 1, 2013 and shall organize and elect a chair at that meeting. Three subsequent meetings shall be held in 2013. Thereafter, the commission shall meet at least four times a year, as determined by a majority of commission m…

restriction on individual member. A. The commission shall exercise independent oversight of the department, set representation standards for the department and provide guidance and support to the chief in the administration of the department and the representation of indigent per…

removal. A. The chief shall be the administrative head of the department. The commission shall appoint a chief for a term of four years by approval of two-thirds of its members. The commission may reappoint a chief for subsequent terms. A vacancy in the office of the chief shall …

A. The headquarters of the department shall be maintained at Santa Fe. B. All salaries and other expenses of the department shall be paid by warrants of the secretary of finance and administration, supported by vouchers signed by the chief or the chief's authorized representative…

distribution. A. The "public defender automation fund" is created in the state treasury. The fund shall be administered by the department. The department shall report on the status of the fund to the legislative finance committee during each legislative interim. B. All balances i…

The department may receive on behalf of the state any gifts, grants-in-aid, donations or bequests from any source to be used in carrying out the purposes of the Public Defender Act. History: 1953 Comp., § 41-22A-6, enacted by Laws 1973, ch. 156, § 6.

A. The chief is responsible to the commission for the operation of the department. It is the chief's duty to manage all operations of the department and to: (1) administer and carry out the provisions of the Public Defender Act with which the chief is charged; (2) exercise author…

division; duty of appellate division. A. The chief shall establish within the department an appellate division. The appellate division shall be headed by the appellate defender. B. The appellate division shall assist the chief and district public defenders by providing representa…

defender office; appointment of district public defender. A. The chief shall designate one or more public defender districts having boundaries coextensive with the boundaries of one or more judicial districts of this state. The chief shall consider the demand for legal services p…

Sections 58 through 68 [31-16-1 to 31-16-10 NMSA 1978] of this act may be cited as the "Indigent Defense Act". History: 1953 Comp., § 41-22-1, enacted by Laws 1968, ch. 69, § 58.

No attorney assigned or contracted with to perform services under the Indigent Defense Act shall be held liable in any civil action respecting his performance or nonperformance of such services. History: 1953 Comp., § 41-22-10, enacted by Laws 1968, ch. 69, § 67.

As used in the Indigent Defense Act: A. "detain" means to have in custody or otherwise deprive of freedom of action; B. "expenses", when used with reference to representation, includes the expenses of investigation, other preparation and trial; C. "needy person" means a person wh…

A. A needy person who is being detained by a law enforcement officer, or who is under formal charge of having committed, or is being detained under a conviction of, a serious crime, is entitled to be represented by an attorney to the same extent as a person having his own counsel…

A. If a person who is being detained by a law enforcement officer, or who is under formal charge of having committed, or is being detained under a conviction of, a serious crime, is not represented by an attorney under conditions in which a person having his own counsel would be …

A. The determination of whether a person covered by Section 60 [31-16-3 NMSA 1978] of the Indigent Defense Act is a needy person shall be deferred until his first appearance in court or in a suit for payment or reimbursement under Section 66 [31-16- 9 NMSA 1978] of the Indigent D…

A person who has been appropriately informed under Section 61 [31-16-4 NMSA 1978] of the Indigent Defense Act may waive in writing or by other record any right provided by the Indigent Defense Act if the court authorized to appoint counsel, at the time of or after waiver, finds o…

A. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under the Indigent Defense Act: (1) to which he was not entitled; (2) with respect to which he was not…

A. Payments of costs, expenses and attorney fees under the Indigent Defense Act shall be made from: (1) funds appropriated to the supreme court with respect to habeas corpus matters initiated in that court; and (2) funds appropriated to the district court with respect to all stag…

In order to facilitate representation in matters arising before appearance in any court in matters covered by the Indigent Defense Act, the director of the administrative office of the courts may, upon direction of the supreme court with respect to habeas corpus proceedings initi…

This act [31-16A-1 to 31-16A-8 NMSA 1978] may be cited as the "Preprosecution Diversion Act". History: Laws 1981, ch. 33, § 1.

The purposes of the Preprosecution Diversion Act are to remove those persons from the criminal justice system who are most amenable to rehabilitation and least likely to commit future offenses, to provide those persons with services designed to assist them in avoiding future crim…