Pre-Prosecution Diversion Program

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The Preprosecution Diversion (PPD) Program, as set out by NMSA 1978 §31-16A-1 (Preprosecution Diversion Act), was enacted “.....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....”

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The Eighth Judicial District Attorney and his Chief Deputy have ultimate discretion on how the PPD Program will be implemented and administered. After referral from the prosecutor, the PPD Program Director/Administrator has discretion over which cases are accepted into PPD and will screen all cases on a case by case basis.

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General Guidelines

The following cases will not be considered for PPD without prior approval from the District Attorney or Chief Deputy District Attorney:

• Violent Felonies

• Robbery

• Burglary

• Criminal Sexual Penetration

• Trafficking a Controlled Substance or Dangerous Drug

• Distribution of a Controlled Substance or Dangerous Drug

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Eligibility:

1. The defendant must be represented by an attorney.

2. The defendant shall have no prior felony convictions for a violent crime.

3. The defendant is willing to participate in the program and submit to all program requirements.

4. Applicants who are severed from co-defendants and qualify for PPD shall be required to testify against the co-defendants in all proceedings as deemed necessary.

5. In all cases involving restitution the defendant must agree to pay restitution, no exceptions.

6. The District Attorney, Chief Deputy or PPD Program Director/Administrator may reject any applicant even though they meet the requirements and eligibility criteria. This decision is not subject to appeal and may not be raised as a defense to any prosecution.