reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 16 - Defense of Indigents › Section 31-16-2 - Definitions.

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 who, at the time his need is determined by the court, is unable, without undue hardship, to provide for all or a part of the expenses of legal representation from available present income and assets; and
D. "serious crime" includes a felony and any misdemeanor or offense which carries a possible penalty of confinement for more than six months.
History:
1953 Comp., § 41-22-2, enacted by Laws 1968, ch. 69, § 59; 1973, ch. 210, § 1.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 16 - Defense of Indigents › Section 31-16-6 - Waiver of right to representation.

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 of record that he has acted with full awareness of his rights and of the consequences of a waiver and if the waiver is otherwise according to law. The court shall consider such factors as the person's age, education and familiarity with English and the complexity of the crime involved.
History:
1953 Comp., § 41-22-6, enacted by Laws 1968, ch. 69, § 63.
ANNOTATIONS
Failure to advise defendant of possible jail sentence.
— There was no voluntary knowing, and intelligent waiver of the right to an attorney where defendant was advised of the allowable penalty, but was not aware of the possibility of a jail sentence when defendant waived the right to an attorney.
Smith v. Maldonado
, 1985-NMSC-115, 103 N.M. 570, 711 P.2d 15.
Effective waiver of right to counsel.
— Where both the justice of the peace and the district court advised defendant that, if indigent, counsel would be appointed to represent him, where defendant affirmatively waived counsel in both courts and where the district court questioned defendant extensively as to his understanding of the charges, the penalties if convicted, his various rights, including the right to counsel, to a jury trial and to an appeal if found guilty, then defendant's motion for post-conviction relief on the grounds of lack of counsel was denied, as defendant effectively waived his right to counsel.
State v. Martin
, 1969-NMCA-079, 80 N.M. 531, 458 P.2d 606.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
21A Am. Jur. 2d Criminal Law § 1237 et seq.
Validity and efficacy of minor's waiver of right to counsel, 25 A.L.R.4th 1072.
22 C.J.S. Criminal Law § 292.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 16 - Defense of Indigents › Section 31-16-7 - Recovery from defendant.

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 needy person when he received it; or
(3) with respect to which he has failed to make the certificate required by Section 62 B [31-16-5 NMSA 1978] of the Indigent Defense Act and for which he refuses to pay. Suit must be brought within six years after the date on which the aid was received.
B. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person other than a person covered by Subsection A who has received legal assistance under the Indigent Defense Act and who, on the date on which suit is brought, is financially able to pay or reimburse the state for it according to the standards of ability to pay applicable under the Indigent Defense Act but refuses to do so. Suit must be brought within three years after the date on which the benefit was received.
C. Amounts recovered under this section shall be paid to the state treasurer for credit to the state general fund.
History:
1953 Comp., § 41-22-7, enacted by Laws 1968, ch. 69, § 64.
ANNOTATIONS
Cross references.
— For jury and witness fee fund,
see
34-9-11 NMSA 1978.
Legislative intent.
— The legislature did not, in the Indigent Defense Act, provide that the state was to furnish free counsel for persons pursuing civil damage claims.
Orrs v. Rodriguez
, 1972-NMCA-148, 84 N.M. 355, 503 P.2d 335.
Defendant's financial means.
— In resolving the factual question as to defendant's financial means, the defendant's answers should be under oath. The factual question is not whether defendant ought to be able to employ counsel, but whether he is able to do so.
State v. Anaya
, 1966-NMSC-144, 76 N.M. 572, 417 P.2d 58.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 16 - Defense of Indigents › Section 31-16-9 - Contractual services of counsel.

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 initiated in the supreme court, or upon request of a district court, enter into contracts with attorneys designated by these courts whereby the attorney shall undertake to perform the services of assigned counsel in all or any specified portion of the cases originating within the judicial district. All contracts shall be approved by the chief justice of the supreme court and all payments provided therein shall be made by the supreme court or in the appropriate district court requesting the contract, but in no instance shall contract payments exceed the maximums set out in Section 65 [31-16-8 NMSA 1978] of the Indigent Defense Act.
History:
1953 Comp., § 41-22-9, enacted by Laws 1968, ch. 69, § 66.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 16 - Defense of Indigents › Section 31-16-10 - Counsel not subject to liability.

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.
ANNOTATIONS
Immunity extends to those under contract to public defender.
— The Public Defender Act (31-15-1 to 31-15-12) does not contain any language about immunity or lack of immunity, but reading the Public Defender Act and the Judgment Defense Act in pari materia, the legislature intended the immunity granted in this section to attorneys appointed under the Indigent Defense Act to apply also to those appointed because they are under contract to the public defender.
Herrera v. Sedillo
, 1987-NMCA-098, 106 N.M. 206, 740 P.2d 1190.
Immunity not violation of equal protection.
— Public defenders, whether regular employees of the public defender's office or performing as contractors, are immune from malpractice claims, and statutes providing such immunity did not violate the equal protection rights of a former prisoner.
Coyazo v. State
, 1995-NMCA-056, 120 N.M. 47, 897 P.2d 234.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Incompetency, negligence, illness or the like of counsel as ground for new trial or reversal in criminal case, 24 A.L.R. 1025, 64 A.L.R. 436.
Attorney's refusal to accept appointment to defend indigent, or to proceed in such defense, as contempt, 36 A.L.R.3d 1221.
Court-appointed attorney as subject to liability under 42 U.S.C.S. § 1983, 36 A.L.R. Fed. 594.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 16A - Preprosecution Diversion › Section 31-16A-1 - Short title.

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.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 16A - Preprosecution Diversion › Section 31-16A-2 - Purpose.

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 criminal activity, to conserve community and criminal justice resources, to provide standard guidelines and to evaluate preprosecution programs.
History:
Laws 1981, ch. 33, § 2.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 16A - Preprosecution Diversion › Section 31-16A-3 - Program establishment.

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.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 16A - Preprosecution Diversion › Section 31-16A-4 - Eligibility.

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 requirements;
(3) any additional criteria set by the district attorney.
B. 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.
C. 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.
History:
Laws 1981, ch. 33, § 4; 2019, ch. 211, § 5.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, revised eligibility requirements for preprosecution diversion, requiring only that the defendant have no prior felony convictions for a violent crime and is willing to participate in the program and submit to program requirements while allowing the district attorney to set any additional requirements; in Subsection A, after "defendant", deleted "must" and added "shall", in Paragraph A(1), after "defendant", deleted "must" and added "shall", after "violent crime;", deleted "and no prior felony convictions for any crime for the previous ten years", deleted former Paragraphs A(2) through A(4) and redesignated former Paragraph A(5) as Paragraph A(2), deleted former Paragraphs A(6) and Paragraph A(7), and added a new Paragraph A(3); in Subsection B, after "A", deleted "district attorney may set additional criteria" and added the remainder of the subsection; and added Subsection C.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 16A - Preprosecution Diversion › Section 31-16A-5 - Program functions and responsibilities.

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 service restitution; and
C. referral resources where clients may be sent for treatment and rehabilitation.
History:
Laws 1981, ch. 33, § 5.
ANNOTATIONS
Termination of preprosecution agreement by state.
— The state may terminate a preprosecution diversion agreement, even if the sole ground is the defendant's nonwilful failure to make restitution, but only if there are no adequate alternatives to termination which will meet the state's legitimate penological interests.
State v. Jimenez
, 1991-NMSC-041, 111 N.M. 782, 810 P.2d 801.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 16A - Preprosecution Diversion › Section 31-16A-6 - Waivers; suspension of criminal proceedings.

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 preliminary hearing as set forth in Rule 15(d) of the Rules of Criminal Procedure for the Magistrate Courts [Rule 6-202D NMRA].
B. If a defendant is certified eligible by the district attorney and by the preprosecution diversion program, the defendant shall also waive his constitutional right to a speedy trial and any rights as provided by Rule 37(b) of the Rules of Criminal Procedure for the District Court [Courts] [Rule 5-604B NMRA]. Upon entry of this waiver, the district attorney shall divert the defendant into the preprosecution diversion program and criminal proceedings against the defendant shall be suspended. Participating defendants shall also waive any confidentiality provided by the Arrest Record Information Act [29-10-1 NMSA 1978] to permit scrutiny of records; provided that the publication of the personal information, except the name of the defendant, gathered while a defendant is participating in a program shall not be a public record.
History:
Laws 1981, ch. 33, § 6.
ANNOTATIONS
Bracketed material.
— The bracketed material in this section was added by the compiler for clarity and it is not part of the law.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 16A - Preprosecution Diversion › Section 31-16A-8 - Record keeping.

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 Diversion Act.
B. Each district attorney shall be required to forward to the state police accurate records of acceptance, successful termination or unsuccessful termination of each individual accepted into the program. The state police shall be required to maintain accurate records of all information forwarded to them by each respective district attorney concerning acceptance, successful termination or unsuccessful termination of all preprosecution diversion programs.
History:
Laws 1981, ch. 33, § 8.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 18 - Criminal Sentencing › Section 31-18-1 to 31-18-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1977, ch. 216, § 17, repealed 40A-29-1 to 40A-29-3.1, 40A-29-5 to 49A-29-11, 1953 Comp. (31-18-1 to 31-18-11 NMSA 1978), relating to sentencing of offenders.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 18 - Criminal Sentencing › Section 31-18-12 - Short title.

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.
ANNOTATIONS
The 1994 amendment,
effective July 1, 1994, substituted "Chapter 31, Article 18 NMSA 1978" for "The provisions of Sections 40A-29-26 through 40A-29-34 NMSA 1953".
Law reviews.
— For comment, "Definitive Sentencing in New Mexico: The 1977 Criminal Sentencing Act," see 9 N.M.L. Rev. 131 (1978-79).
For article, "Survey of New Mexico Law, 1982-83: Criminal Law," see 14 N.M.L. Rev. 89 (1984).
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 18 - Criminal Sentencing › Section 31-18-14.1 - Repealed.

History:
1978 Comp., § 31-18-14.1, enacted by Laws 2001, ch. 128, § 1; repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-18-14.1 NMSA 1978, as enacted by Laws 2001, ch. 128, § 1, relating to capital felony sentencing hearings and explanations by court to the jury, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 18 - Criminal Sentencing › Section 31-18-15.2 - Definitions.

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 juvenile sanctions who is:
(1) fourteen to eighteen years of age at the time of the offense and who is adjudicated for at least one of the following offenses:
(a) second degree murder, as provided in Section 30-2-1 NMSA 1978;
(b) assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978;
(c) kidnapping, as provided in Section 30-4-1 NMSA 1978;
(d) aggravated battery, as provided in Subsection C of Section 30-3-5 NMSA 1978;
(e) aggravated battery upon a peace officer, as provided in Subsection C of Section 30-22-25 NMSA 1978;
(f) shooting at a dwelling or occupied building or shooting at or from a motor vehicle, as provided in Section 30-3-8 NMSA 1978;
(g) dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978;
(h) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;
(i) robbery, as provided in Section 30-16-2 NMSA 1978;
(j) aggravated burglary, as provided in Section 30-16-4 NMSA 1978;
(k) aggravated arson, as provided in Section 30-17-6 NMSA 1978; or
(l) abuse of a child that results in great bodily harm or death to the child, as provided in Section 30-6-1 NMSA 1978;
(2) fourteen to eighteen years of age at the time of the offense and adjudicated for any felony offense and who has had three prior, separate felony adjudications within a three-year time period immediately preceding the instant offense. The felony adjudications relied upon as prior adjudications shall not have arisen out of the same transaction or occurrence or series of events related in time and location. Successful completion of consent decrees is not considered a prior adjudication for the purposes of this paragraph; or
(3) fourteen years of age and adjudicated for first degree murder, as provided in Section 30-2-1 NMSA 1978.
History:
Laws 1993, ch. 77, § 1; 1994, ch. 18, § 2; 1995, ch. 205, § 1; 1996, ch. 85, § 1.
ANNOTATIONS
The 1996 amendment,
effective July 1, 1996, substituted "fifteen to eighteen" for "sixteen or seventeen" in Subsection A; substituted "fourteen" for "fifteen" at the beginning of Paragraphs B(1), (2) and (3); deleted "which results in great bodily harm to another person" in Subparagraph B(1)(f) preceding "as provided"; added Subparagraph b(1)(l); and substituted "three-year" for "two-year" in Paragraph B(2).
The 1995 amendment,
effective June 16, 1995, inserted "Subsection C of" in Subdivision B(1)(d), and added Subdivision B(1)(e) and redesignated the remaining subdivisions accordingly.
The 1994 amendment,
effective July 1, 1994, inserted Subparagraph B(1)(e), and redesignated former Subparagraphs B(1)(e) to B(1)(i) as Subparagraphs B(1)(f) to B(1)(j).
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 18 - Criminal Sentencing › Section 31-18-15.4 - Felonies; public officials; enhancement of sentences.

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 increased by an additional fine not to exceed the value of the salary and fringe benefits paid to the offender, by virtue of holding an elected public office, after the commission of the first act that was a basis for the felony conviction.
B. As used in this section, "public official" means a person elected to an office in an election covered by the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978] or a person appointed to an office that is subject to an election covered by that act.
History:
Laws 2012, ch. 3, § 1.
ANNOTATIONS
Effective dates.
— Laws 2012, ch. 3 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 2012, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 18 - Criminal Sentencing › Section 31-18-16.1 - Repealed.

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 of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 18 - Criminal Sentencing › Section 31-18-18 - Habitual offenders; duty of public officers to report.

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 the district attorney of the proper district, who shall then file an information.
History:
1953 Comp., § 40A-29-31, enacted by Laws 1977, ch. 216, § 7.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 18 - Criminal Sentencing › Section 31-18-23 - Three violent felony convictions; mandatory life imprisonment; exception.

A. When a defendant is convicted of a third violent felony, and each violent felony conviction is part of a separate transaction or occurrence, and at least the third violent felony conviction is in New Mexico, the defendant shall, in addition to the sentence imposed for the third violent conviction, be punished by a sentence of life imprisonment. The life imprisonment sentence shall be subject to parole pursuant to the provisions of Section 31-21-10 NMSA 1978.
B. The sentence of life imprisonment shall be imposed after a sentencing hearing, separate from the trial or guilty plea proceeding resulting in the third violent felony conviction, pursuant to the provisions of Section 31-18-24 NMSA 1978.
C. For the purpose of this section, a violent felony conviction incurred by a defendant before the defendant reaches the age of eighteen shall not count as a violent felony conviction.
D. When a defendant has a felony conviction from another state, the felony conviction shall be considered a violent felony for the purposes of the Criminal Sentencing Act if that crime would be considered a violent felony in New Mexico.
E. As used in the Criminal Sentencing Act:
(1) "great bodily harm" means an injury to the person that creates a high probability of death or that causes serious disfigurement or that results in permanent loss or impairment of the function of any member or organ of the body; and
(2) "violent felony" means:
(a) murder in the first or second degree, as provided in Section 30-2-1 NMSA 1978;
(b) shooting at or from a motor vehicle resulting in great bodily harm, as provided in Subsection B of Section 30-3-8 NMSA 1978;
(c) kidnapping resulting in great bodily harm inflicted upon the victim by the victim's captor, as provided in Subsection B of Section 30-4-1 NMSA 1978;
(d) criminal sexual penetration, as provided in Subsection C or D or Paragraph (5) or (6) of Subsection E of Section 30-9-11 NMSA 1978; and
(e) robbery while armed with a deadly weapon resulting in great bodily harm as provided in Section 30-16-2 NMSA 1978 and Subsection A of Section 30-1-12 NMSA 1978.
History:
1978 Comp., § 31-18-23, enacted by Laws 1994, ch. 24, § 2; 1996, ch. 79, § 3; 2009, ch. 11, § 2.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, in Subparagraph A, deleted the qualification that a defendant be punished by a sentence of life imprisonment when the sentence for the third violent conviction does not result in death; and in Subparagraph (d) of Paragraph (2) of Subsection E, added the reference to Subsection D of Section 30-9-11 NMSA 1978.
The 1996 amendment,
effective July 1, 1996, substituted "sentence" for "punishment" and "when" for "and" in the first sentence of Subsection A, substituted "(5) or (6)" for "(4) or (5)" in Subparagraph E(2)(d), and made a stylistic change in Subparagraph E(2)(e).
Applicability.
— Laws 2009, ch. 11, § 6 provided that the provisions of this section apply to crimes committed on or after July 1, 2009.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 18 - Criminal Sentencing › Section 31-18-24 - Violent felony sentencing procedure.

A. The court shall conduct a separate sentencing proceeding to determine any controverted question of fact regarding whether the defendant has been convicted of three violent felonies. Either party to the action may demand a jury trial.
B. In a jury trial, the sentencing proceeding shall be conducted as soon as practicable by the original trial judge before the original trial jury. In a nonjury trial, the sentencing shall be conducted as soon as practicable by the original trial judge. In the case of a plea of guilty, the sentencing proceeding shall be conducted as soon as practicable by the original trial judge or by a jury upon demand of the defendant.
C. In a jury sentencing proceeding, the judge shall give appropriate instructions and allow arguments. The jury shall retire to determine the verdict. In a nonjury sentencing proceeding, or upon a plea of guilty where no jury has been demanded, the judge shall allow argument and determine the verdict.
History:
1978 Comp., § 31-18-24, enacted by Laws 1994, ch. 24, § 3.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 18 - Criminal Sentencing › Section 31-18-26 - Two violent sexual offense convictions; sentencing procedure.

A. The court shall conduct a separate sentencing proceeding to determine any controverted question of fact regarding whether the defendant has been convicted of two violent sexual offenses. Either party to the sentencing proceeding may demand a jury sentencing proceeding.
B. A jury sentencing proceeding shall be conducted as soon as practicable by the original trial judge before the original trial jury. A nonjury sentencing proceeding shall be conducted as soon as practicable by the original trial judge. In the case of a plea of guilty, the sentencing proceeding shall be conducted as soon as practicable by the original trial judge or by the original trial jury, upon demand of the defendant.
C. In a jury sentencing proceeding, the judge shall give appropriate instructions and allow arguments. In a nonjury sentencing proceeding, or upon a plea of guilty when the defendant has not demanded a jury, the judge shall allow arguments and determine the verdict.
History:
1978 Comp., § 31-18-26, enacted by Laws 1996, ch. 79, § 2.
ANNOTATIONS
Construction.
— Although the statutory language "as soon as practicable" in Subsection B means that the life enhancement proceeding must be conducted without undue delay, the legislature did not intend to impose a specific time limitation on the commencement of life enhancement proceedings.
State v. Massengill
, 2003-NMCA-024, 133 N.M. 263, 62 P.3d 354, cert. denied, 133 N.M. 126, 61 P.3d 835.
Continuance.
— In a prosecution of defendant for criminal sexual penetration and abuse of a child by endangerment, defendant's argument that the trial court erred by granting a continuance of a life enhancement sentencing proceeding was rejected on appeal, where defendant failed to demonstrate that he suffered actual prejudice in connection with the continuance of the life enhancement proceeding or that the delay violated his rights to due process or a speedy trial.
State v. Massengill
, 2003-NMCA-024, 133 N.M. 263, 62 P.3d 354, cert. denied, 133 N.M. 126, 61 P.3d 835.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 18A - Sentencing Guidelines (Repealed.) › Section 31-18A-1 to 31-18A-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1994, ch. 19, § 4, repealed 31-18A-1 to 31-18A-9 NMSA 1978, as enacted by Laws 1988, ch. 116, §§ 1 to 9, the Sentencing Guidelines Act, effective July 1, 1994. For provisions of former sections,
see
the 1993 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 18B - Hate Crimes › Section 31-18B-1 - Short title.

This act [31-18B-1 to 31-18B-5 NMSA 1978] may be cited as the "Hate Crimes Act".
History:
Laws 2003, ch. 384, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 384, § 7 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 18B - Hate Crimes › Section 31-18B-2 - Definitions.

As used in the Hate Crimes Act:
A. "age" means sixty years of age or older;
B. "gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord or opposed to the person's physical anatomy, chromosomal sex or sex at birth;
C. "disability" means that the person has a physical or mental disability that substantially limits one or more of that person's functions, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working;
D. "motivated by hate" means the commission of a crime with the intent to commit the crime because of the actual or perceived race, religion, color, national origin, ancestry, age, handicapped status, gender, sexual orientation or gender identity of the victim, whether or not the offender's belief or perception was correct; and
E. "sexual orientation" means heterosexuality, homosexuality or bisexuality, whether actual or perceived.
History:
Laws 2003, ch. 384, § 2; 2007, ch. 46, § 37.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 18B - Hate Crimes › Section 31-18B-4 - Hate crimes; data collection.

Every district attorney and every state, county and municipal law enforcement agency, to the maximum extent possible, shall provide the federal bureau of investigation with data concerning the commission of a crime motivated by hate, in accordance with guidelines established pursuant to the federal Hate Crime Statistics Act.
History:
Laws 2003, ch. 384, § 4.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 384, § 7 made the act effective July 1, 2003.
Cross references.
— For the federal Hate Crime Statistics Act,
see
notes following 28 U.S.C.S. § 534.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 18B - Hate Crimes › Section 31-18B-5 - Hate crimes; law enforcement training.

A. No later than December 31, 2003, the New Mexico law enforcement academy board shall develop and incorporate into the basic law enforcement training required, pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978], a course of instruction at least two hours in length concerning the detection, investigation and reporting of a crime motivated by hate.
B. The New Mexico law enforcement academy board shall develop a course of instruction, learning and performance objectives and training standards, in conjunction with appropriate groups and individuals that have an interest in and expertise regarding crimes motivated by hate. The groups and individuals shall include law enforcement agencies, law enforcement academy instructors, experts on crimes motivated by hate and members of the public.
C. In-service law enforcement training, as required pursuant to Section 29-7-7.1 NMSA 1978, shall include at least two hours of instruction that conform with the requirements set forth in Subsection B of this section.
D. Each certified regional law enforcement training facility shall incorporate into its basic law enforcement training and in-service law enforcement training a course of training described in Subsection B of this section that is comparable to or exceeds the standards of the course of instruction developed by the New Mexico law enforcement academy board.
History:
Laws 2003, ch. 384, § 5.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 384, § 7 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 20 - Sentencing › Section 31-20-1 - Sentence of corporations.

The court may sentence any corporation, club, organization or unincorporated association which has been convicted of a crime to pay a fine authorized by the Criminal Code [30-1-1 NMSA 1978].
History:
1953 Comp., § 40A-29-12, enacted by Laws 1963, ch. 303, § 29-12; and recompiled as 1953 Comp., § 40A-29-36 by Laws 1977, ch. 216, § 16.
ANNOTATIONS
Law reviews.
— For article, "Survey of New Mexico Law, 1979-80: Criminal Law and Procedure," see 11 N.M.L. Rev. 85 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 18B Am. Jur. 2d Corporations § 2146.
Applicability of criminal statute to corporation as affected by character of punishment or penalty imposed, 80 A.L.R.3d 1220.
19 C.J.S. Corporations §§ 736 to 739.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 20 - Sentencing › Section 31-20-4 - Application of order deferring or suspending sentence.

An order deferring or suspending sentence may be limited to one or more counts or indictments, but, in the absence of express limitation, it shall extend to the entire judgment.
History:
1953 Comp., § 40A-29-16, enacted by Laws 1963, ch. 303, § 29-16; and recompiled as 1953 Comp., § 40A-29-40, by Laws 1977, ch. 216, § 16.
ANNOTATIONS
Suspension or deferment not matter of right.
— The suspension or deferment of a sentence is not a matter of right but is an act of clemency within the trial court's discretion.
State v. Follis
, 1970-NMCA-083, 81 N.M. 690, 472 P.2d 655.
Contradictory judgment renders improper sentence.
— Where the trial court deferred a sentence of imprisonment and imposed sentence of a fine for the same offense, either the deferral or the fine is subject to being stricken as an improper sentence, and the execution of either part of the sentence renders the remaining part void.
State v. Aragon
, 1979-NMCA-074, 93 N.M. 132, 597 P.2d 317.
When probation requirements ineffective.
— Once a deferred sentence becomes void, the probation requirements are no longer in effect.
State v. Aragon
, 1979-NMCA-074, 93 N.M. 132, 597 P.2d 317.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 21 Am. Jur. 2d Criminal Law § 898.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 20 - Sentencing › Section 31-20-5.1 - Misdemeanor compliance programs; counties may establish; fees.

A. A county may create a "misdemeanor compliance program" to monitor defendants' compliance with the conditions of probation imposed by a district or magistrate court. The program shall be limited to participation by persons who have been convicted of a misdemeanor criminal offense specified in the Criminal Code [30-1-1 NMSA 1978], convicted of driving while under the influence of intoxicating liquor or drugs or convicted of driving while the person's driver's license is suspended or revoked pursuant to the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978]. A county's program shall comply with guidelines established by the administrative office of the courts.
B. As a condition of probation, the district or magistrate court may require the defendant to pay a fee of not less than fifteen dollars ($15.00) nor more than fifty dollars ($50.00) per month to the county for a public probation program for the term of the defendant's probation. Money collected by the county pursuant to this subsection shall be used only to operate the misdemeanor compliance program.
History:
Laws 2000, ch. 49, § 1; 2013, ch. 104, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, increased the cost to defendants for probation; and in Subsection B, in the first sentence, after "nor more than", deleted "thirty dollars ($30.00)" and added "fifty dollars ($50.00)" and in the second sentence, after "collected by the county", added "for a public probation program".
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 20 - Sentencing › Section 31-20-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 75, § 3 repealed 31-20-7 NMSA 1978, as amended by Laws 1977, ch. 216, § 16, relating to the length of period of deferment or suspension of sentence, effective April 1, 1985.
Compiler's notes.
— Laws 1993, ch. 283, § 2 enacted a new 31-20-7 NMSA 1978. That section was compiled as 31-20-13 NMSA 1978 in order to avoid confusion with repealed Section 31-20-7 NMSA 1978, which has been construed or cited in a number of New Mexico decisions.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 20 - Sentencing › Section 31-20-10 - Character of order.

An order deferring or suspending sentence for the purposes of appeal shall be deemed a final judgment.
History:
1953 Comp., § 40A-29-23, enacted by Laws 1963, ch. 303, § 29-23; and recompiled as 1953 Comp., § 40A-29-46, by Laws 1977, ch. 216, § 16.
ANNOTATIONS
Prior conviction, not prior sentence, is dispositive for repeat offender status.
— Where defendant was convicted of drug charges in New Mexico; the New Mexico court deferred defendant's sentence for a two-year probationary period; the deferred sentence was a final judgment subject to appeal; and after defendant successfully completed the probation, defendant was entitled to have the New Mexico charges dismissed, the deferred sentence was a prior conviction for purposes of sentence enhancement.
United States v. Meraz
, 998 F.2d 182 (10th Cir. 1993).
It is solely within province of legislature to establish penalties for criminal behavior.
State v. Lack
, 1982-NMCA-111, 98 N.M. 500, 650 P.2d 22, cert. denied, 98 N.M. 478, 649 P.2d 1391.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Reduction by appellate court of punishment imposed by trial court, 29 A.L.R. 313, 89 A.L.R. 295.
Acceptance of probation, parole or suspension of sentence as waiver of error or right to appeal or to move for new trial, 117 A.L.R. 929.
Appealability of order suspending imposition or execution of sentence, 51 A.L.R.4th 939.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 20 - Sentencing › Section 31-20-11 - Credit for time pending appellate review.

A person convicted of a felony in the district court and held in official confinement while awaiting the outcome of an appeal, writ of error to, or writ of certiorari from, a state or federal appellate court or prior to his release as a result of postconviction proceedings or habeas corpus, shall be given credit for the period spent in confinement against any sentence finally imposed for that offense.
History:
1953 Comp., § 40A-29-24, enacted by Laws 1967, ch. 221, § 1; and recompiled as 1953 Comp., § 40A-29-47, by Laws 1977, ch. 216, § 16.
ANNOTATIONS
Section operates prospectively.
— This section was enacted in 1967 and operates prospectively only. Defendant's motion for retroactive application provided no grounds for post-conviction relief under Rule 1-093 NMRA.
State v. Montoya
, 1968-NMSC-113, 79 N.M. 353, 443 P.2d 743 (decided under prior law).
"Official confinement".
— Official confinement, in this section, includes an electronic monitoring program (EMP) within a community custody program.
State v. Frost
, 2003-NMCA-002, 133 N.M. 45, 60 P.3d 492, cert. denied, 133 N.M. 126, 61 P.3d 835.
Judgment suspending firearm enhancement provision of original sentence void, and no credit accrued.
— Since a judgment purporting to suspend a firearm enhancement provision of an original sentence is void, where the defendant is not sentenced to serve any time of official confinement, he cannot be said to have served any portion thereof and he cannot be held to have accrued a right to a credit against the enhanced portion of his sentence as later imposed. Double jeopardy does not attach, and a resentencing for the mandatory enhancement provision of Section 31-18-16 NMSA 1978 must stand. State v. Aguilar, 1982-NMCA-116, 98 N.M. 510, 650 P.2d 32, cert. denied, 98 N.M. 478, 649 P.2d 1391.
No credit allowed for void conviction when defendant convicted again.
— Defendant discharged on writ of habeas corpus after his sentence was held void was not entitled to credit for time served for void conviction when he was convicted again for same crime.
State v. Sedillo
, 1968-NMSC-049, 79 N.M. 9, 439 P.2d 226.
Credit given for time served on original invalid conviction.
— A prisoner, after being awarded a new trial and having again been convicted of the crime originally charged, is entitled to credit for time he spent in custody from the time of his first conviction. 1969 Op. Att'y Gen. No. 69-114.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Computation of incarceration time under work-release or "hardship" sentences, 28 A.L.R.4th 1265.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 20A - Capital Felony Sentencing › Section 31-20A-1 - Repealed.

History:
Laws 1979, ch. 150, § 2; repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-20A-1 NMSA 1978, as enacted by Laws 1979, ch. 150, § 2, relating to capital felony sentencing procedures, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 20A - Capital Felony Sentencing › Section 31-20A-2.1 - Repealed.

History:
1978 Comp., § 31-20A-2.1, enacted by Laws 1991, ch. 30, § 1; repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-20A-2.1 NMSA 1978, as enacted by Laws 1981, ch. 30, § 1, relating to the prohibition against capital punishment of mentally retarded persons, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 20A - Capital Felony Sentencing › Section 31-20A-3 - Repealed.

History:
Laws 1979, ch. 150, § 4; repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-20A-3 NMSA 1978, as enacted by Laws 1979, ch. 150, § 4, relating to court sentencing in death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 20A - Capital Felony Sentencing › Section 31-20A-4 - Repealed.

History:
Laws 1979, ch. 150, § 5; repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-20A-4 NMSA 1978, as enacted by Laws 1979, ch. 150, § 5, relating to automatic review by supreme court of death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 20A - Capital Felony Sentencing › Section 31-20A-6 - Repealed.

History:
Laws 1979, ch. 150, § 7; repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-20A-6 NMSA 1978, as enacted by Laws 1979, ch. 150, § 7, relating to mitigating circumstances, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 21 - Sentence, Pardons and Paroles › Section 31-21-2 - Clothing, money and transportation furnished to prisoners on release from correctional facility.

Upon the release of any prisoner from a correctional facility of the corrections department:
A. the superintendent shall provide him with suitable clothing as required and:
(1) in the case of release on parole, transportation to his place of employment if within this state, or if not within this state, then to any place within this state; or
(2) in the case of all other types of release, transportation to his home, if within the state, or if not within this state, then to the place of his conviction or to any other place within the state; and
B. the superintendent may provide him with not more than one hundred dollars ($100) and, in case of an exceptional situation, with the prior approval of the secretary of corrections, an additional amount not to exceed three hundred fifty dollars ($350) for purchase of transportation to a location in another state within the continental limits of the United States.
History:
Laws 1909, ch. 32, § 7; Code 1915, § 5081; C.S. 1929, § 130-169; Laws 1939, ch. 55, § 18; 1941 Comp., § 42-1708; Laws 1951, ch. 99, § 1; 1953 Comp., § 41-17-8; Laws 1967, ch. 30, § 1; 1969, ch. 10, § 1; 1977, ch. 145, § 1; 1982, ch. 59, § 1.
ANNOTATIONS
Statute's provisions mandatory.
— The statute is mandatory. No exceptions are incorporated in it. The plain language of this statute makes it incumbent upon superintendent to provide clothing, money and transportation in these two instances. 1955 Op. Att'y Gen. No. 55-6122.
Effective upon prisoner's release.
— Where prisoner had served the maximum sentence for the crime committed, the person is entitled to the items which the statute affords a prisoner upon expiration of his maximum sentence. 1955 Op. Att'y Gen. No. 55-6170.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 21 - Sentence, Pardons and Paroles › Section 31-21-3 - Short title.

Sections 31-21-3 through 31-21-19 NMSA 1978 may be cited as the "Probation and Parole Act".
History:
1953 Comp., § 41-17-12, enacted by Laws 1955, ch. 232, § 1; 1963, ch. 301, § 1.
ANNOTATIONS
Cross references.
— For inmate-release program,
see
33-2-43 to 33-2-47 NMSA 1978.
For inapplicability of the Rules of Evidence to sentencing procedures,
see
Rule 11-1101 NMRA.
No contract between state and prisoner.
— No act of the parole board can constitute a contract between a prisoner and the state.
Aragon v. Cox
, 1965-NMSC-132, 75 N.M. 537, 407 P.2d 673.
Void order of parole is without force or effect
to justify the release of a prisoner.
Aragon v. Cox
, 1965-NMSC-132, 75 N.M. 537, 407 P.2d 673.
Law reviews.
— For note, "Due Process, Equal Protection and the New Mexico Parole System," see 2 N.M.L. Rev. 234 (1972).
For note, "Negligent Hiring and Retention - Availability of Action Limited By Foreseeability Requirement," see 10 N.M.L. Rev. 491 (1980).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Propriety of conditioning probation on defendant's remaining childless or having no additional children during probationary period, 94 A.L.R.3d 1218.
Jury's discussion of parole law as ground for reversal for new trial, 21 A.L.R.4th 420.
Right of convicted defendant to refuse probation, 28 A.L.R.4th 736.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 21 - Sentence, Pardons and Paroles › Section 31-21-4 - Construction and purpose of act.

The Probation and Parole Act [31-21-3 to 31-21-19 NMSA 1978] shall be liberally construed to the end that the treatment of persons convicted of crime shall take into consideration their individual characteristics, circumstances, needs and potentialities as revealed by case study, and that such persons shall be dealt with in the community by a uniformly organized system of constructive rehabilitation under probation supervision instead of in an institution, or under parole supervision when a period of institutional treatment is deemed essential in the light of the needs of public safety and their own welfare.
History:
1953 Comp., § 41-17-13, enacted by Laws 1955, ch. 232, § 2; 1963, ch. 301, § 2.
ANNOTATIONS
Law reviews.
— For note, "Due Process, Equal Protection and the New Mexico Parole System," see 2 N.M.L. Rev. 234 (1972).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 59 Am. Jur. 2d Pardon and Parole §§ 39 to 44.
67A Pardon and Parole §§ 39, 40, 43.