Chapter 31 — Chapter 31

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…

ANNOTATIONS Repeals. — Laws 1985, ch. 32, § 4 repealed 31-15-3 NMSA 1978, as enacted by Laws 1973, ch. 156, § 3, relating to the public defender board, effective June 14, 1985.

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…

Each district attorney shall establish a preprosecution diversion program in his judicial district in accordance with the provisions of the Preprosecution Diversion Act to the extent public or private funds permit. History: Laws 1981, ch. 33, § 3.

A. A defendant shall meet the following minimum criteria to be eligible for a preprosecution diversion program: (1) the defendant shall have no prior felony convictions for a violent crime; (2) the defendant is willing to participate in the program and submit to all program requi…

The preprosecution diversion program in each judicial district shall include: A. individual counseling and guidance for all participants; B. required victim restitution where applicable to the extent practical. In addition to monetary restitution, a program may require public ser…

A. A defendant must secure or be appointed defense counsel to be present at a preprosecution diversion screening interview prior to applying for acceptance into a preprosecution diversion program, and, upon applying, the defendant shall waive his constitutional right to a prelimi…

termination. A. A defendant may be diverted to a preprosecution diversion program for no less than six months and no longer than two years. A district attorney may extend the diversion period for a defendant as a disciplinary measure or to allow adequate time for restitution; pro…

A. Each district attorney shall maintain an accurate record of each individual accepted into a preprosecution diversion program for the purpose of complying with the requirements of Paragraph (4) of Subsection A of Section 4 [31-16A-4A(4) NMSA 1978] of the Preprosecution Diversio…

A. It is the policy of this state that restitution be made by each violator of the Criminal Code [30-1-1 NMSA 1978] to the victims of his criminal activities to the extent that the defendant is reasonably able to do so. This section shall be interpreted and administered to effect…

Chapter 31, Article 18 NMSA 1978 may be cited as the "Criminal Sentencing Act". History: 1953 Comp., § 40A-29-26, enacted by Laws 1977, ch. 216, § 1; 1994, ch. 24, § 1.

A. Unless otherwise provided in this section, all persons convicted of a crime under the laws of New Mexico shall be sentenced in accordance with the provisions of the Criminal Sentencing Act; provided, that a person sentenced as a serious youthful offender or as a youthful offen…

When a defendant has been convicted of a capital felony, the defendant shall be sentenced to life imprisonment or life imprisonment without possibility of release or parole. History: 1978 Comp., § 31-18-14, enacted by Laws 1979, ch. 150, § 1; 1993, ch. 77, § 5; 2009, ch. 11, § 1.

History: 1978 Comp., § 31-18-14.1, enacted by Laws 2001, ch. 128, § 1; repealed by Laws 2009, ch. 11, § 5.

sentences and fines; parole authority; meritorious deductions. A. As used in a statute that establishes a noncapital felony, the following defined felony classifications and associated basic sentences of imprisonment are as follows: FELONY CLASSIFICATION BASIC SENTENCE first degr…

circumstances; procedure. A. The court shall hold a sentencing hearing to determine if mitigating or aggravating circumstances exist and take whatever evidence or statements it deems will aid it in reaching a decision to alter a basic sentence. The judge may alter the basic sente…

As used in the Criminal Sentencing Act: A. "serious youthful offender" means an individual fifteen to eighteen years of age who is charged with and indicted or bound over for trial for first degree murder; and B. "youthful offender" means a delinquent child subject to adult or ju…

A. An alleged serious youthful offender may be detained in any of the following places, prior to arraignment in metropolitan, magistrate or district court: (1) a detention facility for delinquent children, licensed by the children, youth and families department; (2) any other sui…

A. When a separate finding of fact by the trier of fact shows beyond a reasonable doubt that an offender is a public official and that the felony conviction relates to, arises out of or is in connection with the offender's holding of an elected office, the basic sentence may be i…

basic sentence; suspension and deferral limited. A. When a separate finding of fact by the court or jury shows that a firearm was used in relation to a drug transaction or during the commission of aggravated burglary pursuant to Section 30-16-4 NMSA 1978 or a serious violent offe…

ANNOTATIONS Repeals. — Laws 2003, ch. 384, § 6 repealed 31-18-16.1 NMSA 1978, effective July 1, 2003, relating to noncapital felonies against persons sixty years of age or older or handicapped persons; alteration of basic sentence; suspension and deferral limited. For provisions …

A. A person convicted of a noncapital felony in this state whether within the Criminal Code [Chapter 30 NMSA 1978] or the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] or not who has incurred one prior felony conviction that was part of a separate transaction or oc…

Whenever it becomes known to any warden or prison official or any prison, probation, parole or police officer or other peace officer that any person charged with or convicted of a noncapital felony is or may be a habitual offender, it is his duty to promptly report the facts to t…

If at any time, either after sentence or conviction, it appears that a person convicted of a noncapital felony is or may be a habitual offender, it is the duty of the district attorney of the district in which the present conviction was obtained to file an information charging th…

A. The court wherein a person has been convicted of a noncapital felony and where that person has been charged as a habitual offender under the provisions of Section 31- 18-19 NMSA 1978 shall bring the defendant before it, whether he is confined in prison or not. The court shall …

A. Whenever an inmate in a penal institution of this state or of any county therein is sentenced for committing any felony while he is an inmate, the sentence imposed shall be consecutive to the sentence being served, and his period of parole shall be that set according to the pr…