2021 New Mexico Statutes
Chapter 31 - Criminal Procedure

Section 31-1-8 - Identification of minor or dependent children upon arrest; required inquiry; guidelines. - A. A state or local law enforcement officer who arrests...

Article 1A - DNA Evidence

Section 31-1A-1 - Repealed. - Repeals. — Laws 2003 ch. 27, § 2 repealed 31-1A-1...

Section 31-1A-2 - Procedures for post-conviction consideration of DNA evidence; requirements. - A. A person convicted of a felony, who claims that...

Article 2 - Fresh Pursuit

Section 31-2-1 - [Officer of another state entering this state in fresh pursuit; power to arrest and hold fugitive.] - Any member of a duly organized state, county or municipal...

Section 31-2-2 - [Arrested person taken before magistrate; hearing; commitment or discharge.] - If an arrest is made in this state by an...

Section 31-2-3 - [Construction of act; power to arrest not limited.] - Section 1 [31-2-1 NMSA 1978] of this act shall not...

Section 31-2-4 - ["State" includes District of Columbia.] - For the purpose of this act [31-2-1 to 31-2-7 NMSA...

Section 31-2-5 - ["Fresh pursuit" defined.] - The term "fresh pursuit" as used in this act [31-2-1...

Section 31-2-6 - [Certified copies of law to be distributed.] - Upon the passage and approval by the governor of this...

Section 31-2-7 - [Citation of act.] - This act [31-2-1 to 31-2-7 NMSA 1978] may be cited...

Section 31-2-8 - Authority to arrest misdemeanant; fresh pursuit. - A. Any county sheriff or municipal police officer who leaves...

Article 3 - Bail

Section 31-3-1 - Designee to accept bail. - Any statutory provision or rule of court governing the release...

Section 31-3-1.1 - Review of youthful offender records. - Notwithstanding any other provision of law, when considering the setting...

Section 31-3-2 - Failure to appear; forfeiture of bail bonds. - A. Whenever any person fails to appear at the time...

Section 31-3-3 - Surrender of principal by surety. - A. When a surety desires to be discharged from the...

Section 31-3-4 - Paid sureties. - A. A "paid surety" is a surety that has taken...

Section 31-3-5 - Approval of bond. - No bond shall be accepted from a paid surety, as...

Section 31-3-6 - Change of venue. - If the defendant is released pending trial and thereafter a...

Section 31-3-7 - Bail for witness. - If it appears by affidavit that the testimony of a...

Section 31-3-8 - Defects in bail or bail bond; effect. - No recognizance, undertaking or bond taken in any criminal proceeding...

Section 31-3-9 - Failure to appear; penalty. - A person released pending any proceeding related to the prosecution...

Section 31-3-10 - Termination of liability. - All recognizances secured by the execution of a bail bond...

Section 31-3-11 - Release of individuals who are pregnant or lactating. - A. The court shall consider an individual's pregnancy or lactation...

Article 3A - Witness Immunity (Recompiled.)

Section 31-3A-1 - Recompiled. - Recompilations. — Section 31-3A-1 NMSA 1978 was recompiled as 31-6-15...

Article 4 - Extradition

Section 31-4-1 - Definitions. - Where appearing in this act [31-4-1 to 31-4-30 NMSA 1978],...

Section 31-4-2 - Fugitives from justice; duty of governor. - Subject to the provisions of this act [31-4-1 to 31-4-30...

Section 31-4-3 - Form of demand. - No demand for the extradition of a person charged with...

Section 31-4-4 - Governor may investigate case. - When a demand shall be made upon the governor of...

Section 31-4-5 - Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion. - When it is desired to have returned to this state...

Section 31-4-6 - Extradition of persons not present in demanding state at time of commission of crime. - The governor of this state may also surrender, on demand...

Section 31-4-7 - Issue of governor's warrant of arrest; its recitals. - If the governor decides that the demand should be complied...

Section 31-4-8 - Manner and place of execution. - Such warrant shall authorize the peace officer or other person...

Section 31-4-9 - Authority of arresting officer. - Every such peace officer or other person empowered to make...

Section 31-4-10 - Rights of accused person; application for writ of habeas corpus. - No person arrested upon such warrant shall be delivered over...

Section 31-4-11 - Penalty for noncompliance with preceding section. - Any officer who shall deliver to the agent for extradition...

Section 31-4-12 - Confinement in jail when necessary. - The officer or persons executing the governor's warrant of arrest,...

Section 31-4-13 - Arrest prior to requisition. - Whenever any person within this state shall be charged on...

Section 31-4-14 - Arrest without a warrant. - The arrest of a person may be lawfully made also...

Section 31-4-15 - Commitment to await requisition; bail. - If from the examination before the judge or magistrate it...

Section 31-4-16 - Bail; in what cases; conditions of bond. - Unless the offense with which the prisoner is charged is...

Section 31-4-17 - Extension of time of commitment, adjournment. - If the accused is not arrested under warrant of the...

Section 31-4-18 - Forfeiture of bail. - If the prisoner is admitted to bail, and fails to...

Section 31-4-19 - Persons under criminal prosecution in this state at time of requisition. - If a criminal prosecution has been instituted against such person...

Section 31-4-20 - Guilt or innocence of accused, when inquired into. - The guilt or innocence of the accused as to the...

Section 31-4-21 - Governor may recall warrant or issue alias. - The governor may recall his warrant of arrest or may...

Section 31-4-22 - Written waiver of extradition proceedings. - Any person arrested in this state charged with having committed...

Section 31-4-23 - Nonwaiver by this state. - Nothing in this act [31-4-1 to 31-4-30 NMSA 1978] contained...

Section 31-4-24 - Fugitives from this state; duty of governors. - Whenever the governor of this state shall demand a person...

Section 31-4-25 - Application for issuance of requisition; by whom made; contents. - A. When the return to this state of a person...

Section 31-4-26 - Costs and expenses. - When the punishment of the crime shall be the confinement...

Section 31-4-27 - Immunity from service of process in certain civil actions. - A person brought into this state by, or after waiver...

Section 31-4-28 - No right of asylum; no immunity from other criminal prosecutions while in this state. - After a person has been brought back to this state...

Section 31-4-29 - Interpretation. - The provisions of this act [31-4-1 to 31-4-30 NMSA 1978]...

Section 31-4-30 - Short title. - This act [31-4-1 to 31-4-30 NMSA 1978] may be cited...

Section 31-4-31 - Transfer under treaty; governor. - When a treaty is in effect between the United States...

Article 5 - Interstate Compacts

Section 31-5-1 to 31-5-3 - Repealed. - Repeals. — Laws 2001, ch. 322, art XV, repealed 31-5-1...

Section 31-5-4 - [Western Interstate Corrections Compact; form.] - The Western Interstate Corrections Compact is enacted into law and...

Section 31-5-5 - Inmate commitment or transfer. - The secretary of corrections may commit or transfer an inmate...

Section 31-5-6 - [Enforcement of compact; submission of reports.] - The courts, departments, agencies and officers of New Mexico and...

Section 31-5-7 - [Board of parole; hearings within and outside state.] - The New Mexico board of parole is authorized to hold...

Section 31-5-8 - [Contracts of governor; approval by board of finance.] - The governor may enter into contracts on behalf of New...

Section 31-5-9 - [Release of inmate from institution outside state; transportation to home or place of employment.] - If an inmate is released from an institution outside of...

Section 31-5-10 - Interstate Compact on Mentally Disordered Offenders. - The Interstate Compact on Mentally Disordered Offenders is entered into...

Section 31-5-11 - Compact authority. - The governor may negotiate and enter into contracts on behalf...

Section 31-5-12 - Agreement on Detainers. - The Agreement on Detainers is entered into with all other...

Section 31-5-13 - Definition. - As used in the Agreement on Detainers [31-5-12 NMSA 1978]...

Section 31-5-14 - Cooperation. - All courts, departments, agencies, officers and employees of this state...

Section 31-5-15 - Habitual offenders. - Nothing in this act [31-5-12 to 31-5-16 NMSA 1978] or...

Section 31-5-16 - Transfers. - The corrections department shall give over the person of any...

Section 31-5-17 - Interstate Corrections Compact. - The Interstate Corrections Compact is enacted into law and entered...

Section 31-5-18 - Secretary of corrections; powers. - The secretary of corrections is authorized and directed to do...

Section 31-5-19 - Convicted offenders; contracts with United States attorney general. - The secretary of corrections is authorized to contract with the...

Section 31-5-20 - [Interstate Compact for Adult Offender Supervision.] - The Interstate Compact for Adult Offender Supervision is enacted into...

Article 6 - Grand Jury

Section 31-6-1 - Grand jury panels; calling; qualifying. - The district judge may convene one or more grand juries...

Section 31-6-2 - Foreman of grand jury. - The jurors shall select one of their number as foreman...

Section 31-6-3 - Challenge to grand jury. - Any person held to answer for an offense by grand...

Section 31-6-4 - Time and place for hearing; privacy of hearings; witnesses permitted to have attorney present. - A. A grand jury shall conduct its hearing during the...

Section 31-6-5 - Return of indictments. - Indictments shall be returned by the grand jury within twenty-four...

Section 31-6-6 - Oaths; grand jurors; witnesses; officers; penalty. - A. The following oaths shall be administered by the district...

Section 31-6-7 - Assistance for grand jury; report. - A. The district court shall assign necessary personnel to aid...

Section 31-6-8 - Record of testimony. - All proceedings in the grand jury room, with the exception...

Section 31-6-9 - Charge to grand jury. - The district judge convening a grand jury shall charge it...

Section 31-6-9.1 - Abuse of grand jury procedures. - The prosecuting attorney shall not use the grand jury solely...

Section 31-6-10 - Requirement for indictment; number of jurors concurring. - Before the grand jury may vote an indictment charging an...

Section 31-6-11 - Evidence before grand jury. - A. Evidence before the grand jury upon which it may...

Section 31-6-11.1 - Renewed presentation of evidence forbidden. - After a grand jury acts on the merits of evidence...

Section 31-6-12 - Subpoena powers; notice to witnesses. - A. The grand jury has power to order the attendance...

Section 31-6-13 - Compensation of jurors and witnesses. - Grand jurors shall be paid by the district court a...

Section 31-6-14 - Multiple representation. - A lawyer or lawyers who are associated in practice shall...

Section 31-6-15 - Witness immunity; protection from harrassment [harassment] and unreasonable inconvenience. - A. If a witness is granted immunity in return for...

Article 7 - Indictments and Proof of Ownership for Offenses Concerning Domestic Animals

Section 31-7-1 - [Description of bovine animals; proof of brand; prima facie evidence of ownership.] - In the prosecution of any offense arising under the laws...

Article 8 - Out-of-State Witnesses

Section 31-8-1 - [Attendance of witnesses from without a state; definitions.] - "Witness," as used in this act [31-8-1 to 31-8-6 NMSA...

Section 31-8-2 - Summoning witness in this state to testify in another state. - If a judge of a court of record in any...

Section 31-8-3 - Witness from another state summoned to testify in this state. - If a person in any state, which by its laws...

Section 31-8-4 - Exemption from arrest and service of process. - If a person comes into this state in obedience to...

Section 31-8-5 - Uniformity of interpretation. - This act [31-8-1 to 31-8-6 NMSA 1978] shall be so...

Section 31-8-6 - Short title. - This act [31-8-1 to 31-8-6 NMSA 1978] may be cited...

Article 9 - Mental Illness and Competency

Section 31-9-1 - Determination of competency; raising the issue. - Whenever it appears that there is a question as to...

Section 31-9-1.1 - Determination of competency; evaluation and determination. - The defendant's competency shall be professionally evaluated by a psychologist...

Section 31-9-1.2 - Determination of competency; commitment; report. - A. When, after hearing, a court determines that a defendant...

Section 31-9-1.3 - Determination of competency; ninety-day review; reports; continuing treatment. - A. Within ninety days of the entry of the order...

Section 31-9-1.4 - Determination of competency; incompetent defendants. - If at any time the district court determines that there...

Section 31-9-1.5 - Determination of competency; evidentiary hearing. - A. As provided for in Subsection A of Section 31-9-1.4...

Section 31-9-1.6 - Hearing to determine mental retardation. - A. Upon motion of the defense requesting a ruling, the...

Section 31-9-2 - Mental examination. - Upon motion of any defendant, the court shall order a...

Section 31-9-3 - Repealed. - History: Laws 1982, ch. 55, § 1; repealed by Laws...

Section 31-9-4 - Repealed. - History: Laws 1982, ch. 55, § 2; repealed by Laws...

Article 10 - Commission of Crimes by Indians (Repealed.)

Section 31-10-1 to 31-10-3 - Repealed. - Repeals. — Laws 1995, ch. 40, § 1 repealed 31-10-1...

Article 11 - Appeals and Post-Conviction Remedies

Section 31-11-1 - Stay of execution; release. - A. All appeals and writs of error in criminal cases...

Section 31-11-2 - [Appeal granted; defendant to be committed or recognized.] - If an appeal be granted, the district court shall order...

Section 31-11-3 - Directions following review brought by defendant. - In any criminal case, if the supreme court or court...

Section 31-11-4 - Directions following review brought by state. - In any criminal case, if the supreme court or court...

Section 31-11-5 - [New trial granted; procedure in district court.] - The district court to which any criminal cause shall be...

Section 31-11-6 - Post-conviction remedy. - A prisoner in custody under sentence of a court established...

Article 12 - Fines, Fees and Costs

Section 31-12-2 - Repealed. - Repeals. — Laws 1983, ch. 51, § 1, repealed 31-12-1...

Section 31-12-3 - Paying fines, fees or costs in installments; community service option. - A. Any person sentenced to pay a fine or to...

Section 31-12-5 - Repealed. - Repeals. — Laws 1983, ch. 51, § 1, repealed 31-12-4...

Section 31-12-6 - Costs of conviction. - In every case wherein there is a conviction, the costs...

Section 31-12-7 - Motor vehicles; influence of intoxicating liquor or drugs; fee upon conviction. - Notwithstanding the provisions of Section 66-8-102 NMSA 1978 or any...

Section 31-12-8 - Controlled substances; fee upon conviction; municipal ordinance requirement. - A. A person convicted of a violation of the provisions...

Section 31-12-9 - Crime laboratory fund created; appropriation. - There is created in the state treasury the "crime laboratory...

Section 31-12-10 - Repealed. - Repeals. — Laws 1990, ch. 104, § 3 repealed 31-12-10...

Section 31-12-11 - Court fees; deposit in the domestic violence offender treatment or intervention fund. - A. In addition to any other fees collected in the...

Section 31-12-12 - Domestic violence offender treatment or intervention fund created; appropriation; program requirements. - A. The "domestic violence offender treatment or intervention fund" is...

Section 31-12-13 - Crime victims reparation fee. - A. In addition to any other fees or penalties collected...

Article 13 - Civil Rights and Pardons

Section 31-13-1 - Felony conviction; restoration of citizenship. - A. A person who has been convicted of a felony...

Article 14 - Execution of Death Sentence (Repealed.)

Section 31-14-1 - Repealed. - History: 1978 Comp., § 31-14-12, enacted by Laws 1979, ch....

Section 31-14-2 - Repealed. - History: Laws 1929, ch. 69, § 2; C.S. 1929, §...

Section 31-14-3 - Repealed. - History: Laws 1929, ch. 69, § 3; C.S. 1929, §...

Section 31-14-4 - Repealed. - History: Laws 1929, ch. 69, § 4; C.S. 1929, §...

Section 31-14-5 - Repealed. - History: Laws 1929, ch. 69, § 5; C.S. 1929, §...

Section 31-14-6 - Repealed. - History: Laws 1929, ch. 69, § 6; C.S. 1929, §...

Section 31-14-7 - Repealed. - History: Laws 1929, ch. 69, § 7; C.S. 1929, §...

Section 31-14-8 - Repealed. - History: Laws 1929, ch. 69, § 8; C.S. 1929, §...

Section 31-14-9 - Repealed. - History: Laws 1929, ch. 69, § 9; C.S. 1929, §...

Section 31-14-10 - Repealed. - History: Laws 1929, ch. 69, § 10; C.S. 1929, §...

Section 31-14-11 - Repealed. - History: 1953 Comp., § 41-14-11.1, enacted by Laws 1955, ch....

Section 31-14-12 - Repealed. - History: 1978 Comp., § 31-14-12, enacted by Laws 1979, ch....

Section 31-14-13 - Repealed. - History: 1953 Comp., § 41-14-11.3, enacted by Laws 1955, ch....

Section 31-14-14 - Repealed. - History: 1953 Comp., § 41-14-11.4, enacted by Laws 1955, ch....

Section 31-14-15 - Repealed. - History: Laws 1929, ch. 69, § 12; C.S. 1929, §...

Section 31-14-16 - Repealed. - History: Laws 1929, ch. 69, § 13; C.S. 1929, §...

Article 15 - Public Defenders

Section 31-15-1 - Short title. - Chapter 31, Article 15 NMSA 1978 may be cited as...

Section 31-15-2 - Definitions. - As used in the Public Defender Act: A. "chief" means...

Section 31-15-2.1 - Public defender commission; membership; terms; removal. - A. The public defender commission, created pursuant to Article 6,...

Section 31-15-2.2 - Public defender commission; member qualifications. - A. A person appointed to the commission shall have: (1)...

Section 31-15-2.3 - Public defender commission; organization; meetings. - A. The commission shall hold its first meeting by September...

Section 31-15-2.4 - Public defender commission; powers and duties; restriction on individual member. - A. The commission shall exercise independent oversight of the department,...

Section 31-15-3 - Repealed. - Repeals. — Laws 1985, ch. 32, § 4 repealed 31-15-3...

Section 31-15-4 - Chief public defender; appointment; qualifications; removal. - A. The chief shall be the administrative head of the...

Section 31-15-5 - Public defender department; administration; finance. - A. The headquarters of the department shall be maintained at...

Section 31-15-5.1 - Public defender automation fund created; administration; distribution. - A. The "public defender automation fund" is created in the...

Section 31-15-6 - Public defender department; powers. - The department may receive on behalf of the state any...

Section 31-15-7 - Chief public defender; general duties and powers. - A. The chief is responsible to the commission for the...

Section 31-15-8 - Duty of chief public defender to establish appellate division; duty of appellate division. - A. The chief shall establish within the department an appellate...

Section 31-15-9 - Duty of chief public defender to establish district public defender office; appointment of district public defender. - A. The chief shall designate one or more public defender...

Section 31-15-10 - Duties of district public defender. - A. Under the supervision and control of the chief, each...

Section 31-15-11 - Compensation; private practice of law by attorneys employed by the department prohibited. - A. For the purposes of the exempt salaries plan prepared...

Section 31-15-12 - Explanation of rights; waiver of counsel; application fee; indigency determination. - A. If any person charged with any crime or a...

Article 16 - Defense of Indigents

Section 31-16-1 - Short title. - Sections 58 through 68 [31-16-1 to 31-16-10 NMSA 1978] of...

Section 31-16-2 - Definitions. - As used in the Indigent Defense Act: A. "detain" means...

Section 31-16-3 - Right to representation. - A. A needy person who is being detained by a...

Section 31-16-4 - Notice of right to representation. - A. If a person who is being detained by a...

Section 31-16-5 - Determination of indigency. - A. The determination of whether a person covered by Section...

Section 31-16-6 - Waiver of right to representation. - A person who has been appropriately informed under Section 61...

Section 31-16-7 - Recovery from defendant. - A. The district attorney may, on behalf of the state,...

Section 31-16-8 - Payment of costs, expenses and attorney fees. - A. Payments of costs, expenses and attorney fees under the...

Section 31-16-9 - Contractual services of counsel. - In order to facilitate representation in matters arising before appearance...

Section 31-16-10 - Counsel not subject to liability. - No attorney assigned or contracted with to perform services under...

Article 16A - Preprosecution Diversion

Section 31-16A-1 - Short title. - This act [31-16A-1 to 31-16A-8 NMSA 1978] may be cited...

Section 31-16A-2 - Purpose. - The purposes of the Preprosecution Diversion Act are to remove...

Section 31-16A-3 - Program establishment. - Each district attorney shall establish a preprosecution diversion program in...

Section 31-16A-4 - Eligibility. - A. A defendant shall meet the following minimum criteria to...

Section 31-16A-5 - Program functions and responsibilities. - The preprosecution diversion program in each judicial district shall include:...

Section 31-16A-6 - Waivers; suspension of criminal proceedings. - A. A defendant must secure or be appointed defense counsel...

Section 31-16A-7 - Program participation; reasonable conditions; termination. - A. A defendant may be diverted to a preprosecution diversion...

Section 31-16A-8 - Record keeping. - A. Each district attorney shall maintain an accurate record of...

Article 17 - Victim Restitution

Section 31-17-1 - Victim restitution. - A. It is the policy of this state that restitution...

Article 18 - Criminal Sentencing

Section 31-18-1 to 31-18-11 - Repealed. - Repeals. — Laws 1977, ch. 216, § 17, repealed 40A-29-1...

Section 31-18-12 - Short title. - Chapter 31, Article 18 NMSA 1978 may be cited as...

Section 31-18-13 - Sentencing authority; all crimes. - A. Unless otherwise provided in this section, all persons convicted...

Section 31-18-14 - Sentencing authority; capital felonies. - When a defendant has been convicted of a capital felony,...

Section 31-18-14.1 - Repealed. - History: 1978 Comp., § 31-18-14.1, enacted by Laws 2001, ch....

Section 31-18-15 - Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions. - A. If a person is convicted of a noncapital felony,...

Section 31-18-15.1 - Alteration of basic sentence; mitigating or aggravating circumstances; procedure. - A. The court shall hold a sentencing hearing to determine...

Section 31-18-15.2 - Definitions. - As used in the Criminal Sentencing Act: A. "serious youthful...

Section 31-18-15.3 - Serious youthful offender; disposition. - A. An alleged serious youthful offender may be detained in...

Section 31-18-15.4 - Felonies; public officials; enhancement of sentences. - A. When a separate finding of fact by the trier...

Section 31-18-16 - Brandishing of firearm; alteration of basic sentence; suspension and deferral limited. - A. When a separate finding of fact by the court...

Section 31-18-16.1 - Repealed. - Repeals. — Laws 2003, ch. 384, § 6 repealed 31-18-16.1...

Section 31-18-17 - Habitual offenders; alteration of basic sentence. - A. A person convicted of a noncapital felony in this...

Section 31-18-18 - Habitual offenders; duty of public officers to report. - Whenever it becomes known to any warden or prison official...

Section 31-18-19 - Habitual offender; duty of district attorney to prosecute. - If at any time, either after sentence or conviction, it...

Section 31-18-20 - Habitual offenders; proceedings for prosecution. - A. The court wherein a person has been convicted of...

Section 31-18-21 - Consecutive sentences; inmates and persons at large. - A. Whenever an inmate in a penal institution of this...

Section 31-18-22 - Special incarceration alternative program. - A. The corrections department shall develop and implement a special...

Section 31-18-23 - Three violent felony convictions; mandatory life imprisonment; exception. - A. When a defendant is convicted of a third violent...

Section 31-18-24 - Violent felony sentencing procedure. - A. The court shall conduct a separate sentencing proceeding to...

Section 31-18-25 - Two violent sexual offense convictions; mandatory life imprisonment; exception. - A. When a defendant is convicted of a second violent...

Section 31-18-26 - Two violent sexual offense convictions; sentencing procedure. - A. The court shall conduct a separate sentencing proceeding to...

Article 18A - Sentencing Guidelines (Repealed.)

Section 31-18A-1 to 31-18A-9 - Repealed. - Repeals. — Laws 1994, ch. 19, § 4, repealed 31-18A-1...

Article 18B - Hate Crimes

Section 31-18B-1 - Short title. - This act [31-18B-1 to 31-18B-5 NMSA 1978] may be cited...

Section 31-18B-2 - Definitions. - As used in the Hate Crimes Act: A. "age" means...

Section 31-18B-3 - Hate crimes; noncapital felonies, misdemeanors or petty misdemeanors committed because of the victim's actual or perceived race, religion, color, national origin, ancestry, age, disability, gender, sexual orientation or gender iden... - A. When a separate finding of fact by the court...

Section 31-18B-4 - Hate crimes; data collection. - Every district attorney and every state, county and municipal law...

Section 31-18B-5 - Hate crimes; law enforcement training. - A. No later than December 31, 2003, the New Mexico...

Article 19 - Sentencing Authority for Misdemeanors

Section 31-19-1 - Sentencing authority[;] misdemeanors; imprisonment and fines; probation. - A. Where the defendant has been convicted of a crime...

Article 19A - Penalty Assessment

Section 31-19A-1 - Penalty assessment. - A. Payment of a fine pursuant to a penalty assessment...

Article 20 - Sentencing

Section 31-20-1 - Sentence of corporations. - The court may sentence any corporation, club, organization or unincorporated...

Section 31-20-2 - Place of imprisonment; commitments. - A. Persons sentenced to imprisonment for a term of one...

Section 31-20-3 - Order deferring or suspending sentence; diagnostic commitment. - Upon entry of a judgment of conviction of any crime...

Section 31-20-4 - Application of order deferring or suspending sentence. - An order deferring or suspending sentence may be limited to...

Section 31-20-5 - Placing defendant on probation. - A. When a person has been convicted of a crime...

Section 31-20-5.1 - Misdemeanor compliance programs; counties may establish; fees. - A. A county may create a "misdemeanor compliance program" to...

Section 31-20-5.2 - Sex offenders; period of probation; terms and conditions of probation. - A. When a district court defers imposition of a sentence...

Section 31-20-6 - Conditions of order deferring or suspending sentence. - The magistrate, metropolitan or district court shall attach to its...

Section 31-20-7 - Repealed. - Repeals. — Laws 1985, ch. 75, § 3 repealed 31-20-7...

Section 31-20-8 - Effect of termination of period of suspension without revocation of order. - Whenever the period of suspension expires without revocation of the...

Section 31-20-9 - Completion of total term of deferment. - Whenever the period of deferment expires, the defendant is relieved...

Section 31-20-10 - Character of order. - An order deferring or suspending sentence for the purposes of...

Section 31-20-11 - Credit for time pending appellate review. - A person convicted of a felony in the district court...

Section 31-20-12 - Credit for time prior to conviction. - A person held in official confinement on suspicion or charges...

Section 31-20-13 - Conditional discharge order; exception. - A. When a person who has not been previously convicted...

Article 20A - Capital Felony Sentencing

Section 31-20A-1 - Repealed. - History: Laws 1979, ch. 150, § 2; repealed by Laws...

Section 31-20A-2 - Capital felony; determination of sentence. - If a jury finds, beyond a reasonable doubt, that one...

Section 31-20A-2.1 - Repealed. - History: 1978 Comp., § 31-20A-2.1, enacted by Laws 1991, ch....

Section 31-20A-3 - Repealed. - History: Laws 1979, ch. 150, § 4; repealed by Laws...

Section 31-20A-4 - Repealed. - History: Laws 1979, ch. 150, § 5; repealed by Laws...

Section 31-20A-5 - Aggravating circumstances. - The aggravating circumstances to be considered by the sentencing court...

Section 31-20A-6 - Repealed. - History: Laws 1979, ch. 150, § 7; repealed by Laws...

Article 21 - Sentence, Pardons and Paroles

Section 31-21-1 - [Construction of statutory provisions prescribing term of imprisonment; maximum or minimum.] - In all penal statutes of the state where by the...

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...

Section 31-21-3 - Short title. - Sections 31-21-3 through 31-21-19 NMSA 1978 may be cited as...

Section 31-21-4 - Construction and purpose of act. - The Probation and Parole Act [31-21-3 to 31-21-19 NMSA 1978]...

Section 31-21-5 - Definitions. - As used in the Probation and Parole Act: A. "probation"...

Section 31-21-6 - Protection of records. - All social records, including presentence reports, pre-parole reports and supervision...

Section 31-21-7 - Duties of director. - The director shall: A. provide probation and parole services and...

Section 31-21-8 - Director to administer interstate compacts relating to convicts on probation and parole. - The director is the administrator of interstate compacts relating to...

Section 31-21-9 - Presentence and prerelease investigations. - A. Upon the order of any district or magistrate court,...

Section 31-21-10 - Parole authority and procedure. - A. An inmate of an institution who was sentenced to...

Section 31-21-10.1 - Sex offenders; period of parole; terms and conditions of parole. - A. If the district court sentences a sex offender to...

Section 31-21-11 - Parole to detainers to serve another sentence or for hospitalization and treatment. - Prisoners who are otherwise eligible for parole may be paroled...

Section 31-21-12 - Conditional release. - A. Any prisoner who is released by authority of the...

Section 31-21-13 - Information from prison officials. - It shall be the duty of all prison officials to...

Section 31-21-13.1 - Intensive supervision programs. - A. As used in this section, "intensive supervision programs" means...

Section 31-21-14 - Return of parole violator. - A. At any time during release on parole the board...

Section 31-21-15 - Return of probation violator. - A. At any time during probation: (1) the court may...

Section 31-21-16 - Repealed. - Repeals. — Laws 1977, ch. 216, § 17, repealed 41-17-30...

Section 31-21-17 - Executive clemency; investigation and reports. - On request of the governor the board shall investigate and...

Section 31-21-17.1 - Administration by department. - The corrections department shall identify geriatric, permanently incapacitated and terminally...

Section 31-21-18 - Application to persons now on probation or parole. - The provisions of the Probation and Parole Act [31-21-3 NMSA...

Section 31-21-19 - Participation of the United States and other states. - The board, in its discretion and with the written consent...

Section 31-21-20 - Information from courts. - The director shall obtain from each district court statistical data...

Section 31-21-21 - Conditions of probation. - The board shall adopt general regulations concerning the conditions of...

Section 31-21-22 - Short title. - Sections 1 through 5 [31-21-22 to 31-21-26 NMSA 1978] of...

Section 31-21-23 - Purpose. - The purpose of the Parole Board Act [31-21-22 to 31-21-26...

Section 31-21-24 - Parole board; members; appointment; terms; qualifications; compensation; organization. - A. The "parole board" is created, consisting of fifteen members...

Section 31-21-25 - Powers and duties of the board. - A. The parole board shall have the powers and duties...

Section 31-21-25.1 - Parole board; additional powers and duties; medical and geriatric parole program. - A. The parole board shall: (1) establish rules and implement...

Section 31-21-26 - Transitional provisions. - A. The records, property, equipment and unencumbered and unexpended funds...

Section 31-21-27 - Reentry drug court program for inmates; district court supervision. - A. The corrections department shall develop criteria regarding the eligibility...

Article 22 - Crime Victims Reparations

Section 31-22-1 - Short title. - Chapter 31, Article 22 NMSA 1978 may be cited as...

Section 31-22-2 - Purpose. - The purpose of the Crime Victims Reparation Act is to...

Section 31-22-3 - Definitions. - As used in the Crime Victims Reparation Act: A. "child"...

Section 31-22-4 - Crime victims reparation commission created; membership; reimbursement. - A. There is created in the executive branch of government...

Section 31-22-4.1 - Domestic violence homicide review team; creation; membership; duties; confidentiality; civil liability. - A. The "domestic violence homicide review team" is created within...

Section 31-22-5 - Claims; review; hearings and evidence. - A. Where an application is made to the commission pursuant...

Section 31-22-6 - Medical examination; attorneys' fees; penalty. - A. The commission may appoint an impartial physician, licensed in...

Section 31-22-7 - Eligibility for reparation. - A. If a person is injured or killed by an...

Section 31-22-8 - Crimes enumerated. - A. The crimes to which the Crime Victims Reparation Act...

Section 31-22-9 - Award of reparation. - The commission may order payment of reparation for: A. expenses...

Section 31-22-10 - Relationship to offender. - Except for amounts payable pursuant to Subsection D of Section...

Section 31-22-11 - No award to certain confined persons. - No award shall be made pursuant to the provisions of...

Section 31-22-12 - Recovery from offender. - Whenever an award of reparation is made pursuant to the...

Section 31-22-13 - Terms of order. - Any order for the payment of reparation under the Crime...

Section 31-22-14 - Limitations on award; collateral recovery; preliminary award. - A. No order for the payment of reparation shall be...

Section 31-22-15 - Exemption from execution. - No reparation payable under the Crime Victims Reparation Act shall...

Section 31-22-16 - Survival or abatement. - The rights to reparation created by the Crime Victims Reparation...

Section 31-22-17 - Rule-making powers. - In performance of its functions the commission may adopt, amend...

Section 31-22-18 - Confidentiality of records, reports and claim files. - Any record or report acquired by the commission, the confidentiality...

Section 31-22-19 - Annual report. - At least thirty days prior to the convening of each...

Section 31-22-20 - Penalty. - Any person who knowingly makes a false claim or a...

Section 31-22-21 - Crime victims reparation fund created; purposes. - A. There is created in the state treasury the "crime...

Section 31-22-22 - Distribution of money received as result of crime; escrow account. - A. Every firm, person, corporation, association or other legal entity...

Section 31-22-23 - Authority to compel production. - The commission has the power to compel the production of...

Section 31-22-24 - Repealed. - History: Laws 1993, ch. 207, § 10; 2000, ch. 4,...

Article 23 - Crime Victims Immunity

Section 31-23-1 - Civil action; crime; damages; immunity. - No person shall be liable to a plaintiff in any...

Article 24 - Crime Victims' and Witnesses' Bill of Rights (Repealed.)

Section 31-24-1 to 31-24-7 - Repealed. - Repeals. — Laws 1994, ch. 144, § 15 repealed 31-24-1...

Article 25 - Victim Counselor Confidentiality

Section 31-25-1 - Short title. - This act [31-25-1 to 31-25-6 NMSA 1978] may be cited...

Section 31-25-2 - Definitions. - As used in the Victim Counselor Confidentiality Act: A. "confidential...

Section 31-25-3 - Confidential communications; information; privileged. - A. A victim, a victim counselor without the consent of...

Section 31-25-4 - Waiver. - A. A victim does not waive the protections afforded by...

Section 31-25-5 - Interpretation. - The Victim Counselor Confidentiality Act shall not be construed to...

Section 31-25-6 - Rules. - The supreme court may adopt rules of procedure and evidence...

Article 26 - Victims of Crime

Section 31-26-1 - Short title. - Chapter 31, Article 26 NMSA 1978 may be cited as...

Section 31-26-2 - Purpose of act. - Recognizing the state's concern for victims of crime, it is...

Section 31-26-3 - Definitions. - As used in the Victims of Crime Act: A. "court"...

Section 31-26-4 - Victim's rights. - A victim shall have the right to: A. be treated...

Section 31-26-5 - Exercise of rights; requirements for victim. - A victim may exercise his rights pursuant to the provisions...

Section 31-26-6 - When rights and duties take effect; termination of rights and duties. - The rights and duties established pursuant to the provisions of...

Section 31-26-7 - Designation or appointment of victim's representative. - A. A victim may designate a victim's representative to exercise...

Section 31-26-8 - Procedures for providing victims with preliminary information; law enforcement agencies. - The law enforcement agency that investigates a criminal offense shall:...

Section 31-26-9 - Procedures for providing victims with notice of rights and information regarding prosecution of a criminal offense; district attorneys. - A. Within seven working days after a district attorney files...

Section 31-26-10 - Procedures for providing victims with notice of a court proceeding; courts; district attorneys. - A court shall provide a district attorney's office with oral...

Section 31-26-10.1 - Crime victim presence at court proceedings; plea agreement notification. - A. At any scheduled court proceeding, the court shall inquire...

Section 31-26-11 - Procedures when an inmate or delinquent child escapes; corrections department; children, youth and families department. - A. The corrections department or the children, youth and families...

Section 31-26-12 - Procedures when an inmate is released from incarceration; adult parole board; corrections department; procedures when a delinquent child is released from custody; juvenile parole board; children, youth and families department; dist... - A. The adult parole board and the children, youth and...

Section 31-26-13 - Disclaimer. - Nothing in the Victims of Crime Act creates a cause...

Section 31-26-14 - Effect of noncompliance. - A person accused or convicted of a crime against a...

Section 31-26-15 - Identity theft passport; database. - A. The attorney general, in cooperation with the department of...

Section 31-26-16 - Repealed. - History: Laws 2009, ch. 95, § 5; repealed by Laws...

Article 27 - Forfeiture

Section 31-27-1 - Short title. - Chapter 31, Article 27 NMSA 1978 may be cited as...

Section 31-27-2 - Purpose of act; applicability; no additional remedies. - A. The purposes of the Forfeiture Act are to: (1)...

Section 31-27-3 - Definitions. - As used in the Forfeiture Act: A. "abandoned property": (1)...

Section 31-27-4 - Forfeiture; conviction required; seizure of property; with process; without process. - A. A person's property is subject to forfeiture pursuant to...

Section 31-27-4.1 - Receipt for seized property; replevin hearing. - A. When a law enforcement officer seizes property that is...

Section 31-27-5 - Notice of intent to forfeit; service of process. - A. Within thirty days of making a seizure of property...

Section 31-27-6 - Forfeiture proceedings; determination; substitution of property; constitutionality; appeal. - A. A person who claims an interest in seized property...

Section 31-27-7 - Title to seized property; disposition of forfeited property and abandoned property; proceeds. - A. The state acquires provisional title to seized property at...

Section 31-27-7.1 - Innocent owners. - A. The property of an innocent owner, as provided in...

Section 31-27-8 - Safekeeping of seized property pending disposition. - With regard to seized property in the state courts: A....

Section 31-27-9 - Reporting. - A. Within sixty days following the conclusion of each fiscal...

Section 31-27-10 - Return of property; damages; costs. - A. A law enforcement agency that holds seized property shall...

Section 31-27-11 - Transfer of forfeitable property to the federal government. - A. A law enforcement agency shall not directly or indirectly...

Article 28 - Crime Reduction Grant

Section 31-28-1 - Short title. - Sections 5 through 10 [31-28-1 to 31-28-6 NMSA 1978] of...

Section 31-28-2 - Definitions. - As used in the Crime Reduction Grant Act: A. "commission"...

Section 31-28-3 - Criminal justice coordinating councils created; composition; duties. - A. A criminal justice coordinating council is created for each...

Section 31-28-4 - Applications for grants; purposes; conditions. - A. A member of a criminal justice coordinating council with...

Section 31-28-5 - Rules. - The New Mexico sentencing commission, in consultation with each grant...

Section 31-28-6 - Reports. - A. Each grant administration agency shall report to the commission...

Article 29 - Uniform Collateral Consequences of Conviction

Section 31-29-1 - Short title. (Effective January 1, 2022.) - This act [31-29-1 to 31-29-16 NMSA 1978] may be cited...

Section 31-29-2 - Definitions. (Effective January 1, 2022.) - As used in the Uniform Collateral Consequences of Conviction Act:...

Section 31-29-3 - Limitation on scope. (Effective January 1, 2022.) - A. The Uniform Collateral Consequences of Conviction Act does not...

Section 31-29-4 - Identification, collection and publication of laws regarding collateral consequences. (Effective January 1, 2022.) - A. The identification agency: (1) shall identify or cause to...

Section 31-29-5 - Notice of collateral consequences in pretrial proceeding and at guilty plea. (Effective January 1, 2022.) - A. Except as provided in Subsection C of this section,...

Section 31-29-6 - Notice of collateral consequences at sentencing and upon release. (Effective January 1, 2022.) - A. An individual convicted of an offense shall be given...

Section 31-29-7 - Authorization required for sanction; ambiguity. (Effective January 1, 2022.) - A. A collateral sanction may be imposed only by statute...

Section 31-29-8 - Decision to disqualify. (Effective January 1, 2022.) - In deciding whether to impose a disqualification, a decision-maker shall...

Section 31-29-9 - Effect of conviction by another state or the united states; relieved or pardoned conviction. (Effective January 1, 2022.) - A. For purposes of authorizing or imposing a collateral consequence...

Section 31-29-10 - Order of limited relief. (Effective January 1, 2022.) - A. An individual convicted of an offense may petition for...

Section 31-29-11 - Collateral sanctions not subject to order of limited relief. (Effective January 1, 2022.) - An order of limited relief shall not be issued to...

Section 31-29-12 - Issuance of order of limited relief. (Effective January 1, 2022.) - A. The prosecutor shall be notified of a request for...

Section 31-29-13 - Reliance on order as evidence of due care. (Effective January 1, 2022.) - In a judicial or administrative proceeding alleging negligence or other...

Section 31-29-14 - Victim's rights. (Effective January 1, 2022.) - A victim of an offense may participate in a proceeding...

Section 31-29-15 - Uniformity of application and construction. (Effective January 1, 2022.) - In applying and construing the Uniform Collateral Consequences of Conviction...

Section 31-29-16 - Saving and transitional provisions. (Effective January 1, 2022.) - A. Except as provided in Subsection B of this section,...

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2021 New Mexico Statutes Chapter 31 - Criminal Procedure

2021 New Mexico Statutes
Chapter 31 - Criminal Procedure