Pre-Prosecution Diversion Program (PPD)
PPD is a six (6) to twenty-four (24) month diversion program that provides an opportunity for defendants charged to avoid being convicted of a low level felony level criminal offense. N.M. Stat. Ann. § 31-16A-4. Supervising officers from PPD work with defendants, community members, and victims with the goal of providing a pathway for rehabilitation of the individual and restoring the harm committed by the offender. Since PPD’s inception in the 1970s, thousands from Bernalillo County have entered and successfully graduated the program.
PPD participants work with supervising officers in addressing the underlying reasons for the criminal offense. This may lead to treatment for substance use disorders or mental health issues. In addition, PPD Participants are expected to obtain employment, pursue high school diplomas, or enroll in higher education.
PPD officers focus on integrity and personal accountability. Participants are expected to appreciate the consequences of their actions by arranging to pay restitution to victims or through community service. Throughout the duration of the program, participants report their progress to supervising officers and may also be required to submit to alcohol and drug testing. If a defendant fails to complete PPD, the charge is filed and prosecuted.
Success Stories
Eligibility Requirements
- The defendant must meet the minimum eligibility criteria established by statute, shall have no prior felony convictions for a violent crime, and shall submit to “any additional criteria set by the district attorney.” N.M. Stat. Ann. § 31-16A-4.
- The current charge against the defendant must be for a nonviolent felony offense. A defendant charged with domestic violence, arson, a sex offense or residential burglary will generally not be considered for diversion.
- With exception of first time charges for possession of controlled substances, the defendant must readily admit guilt and voluntarily submit a statement of admission. The statement of admission must provide adequate information to establish every element of each offense charged.
- The defendant must agree to submit to all requirements of the PPD Program, which may include treatment for the underlying causes of the committed crime.
- A defendant must secure or be appointed defense counsel to be present at a pre-prosecution diversion screening interview. N.M. Stat. Ann. § 31-16A-6(A).
- The defendant shall waive his constitutional right to a preliminary hearing. N.M. Stat. Ann. § 31-16A-6(A).
- The defendant shall also waive his constitutional right to a speedy trial. Upon entry of this waiver, the district attorney shall divert the defendant into the pre prosecution diversion program and criminal proceedings against the defendant shall be suspended. N.M. Stat. Ann. § 31-16A-6(A)
- 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. N.M. Stat. Ann. § 31-16A-6(A)
- In cases in which restitution is owed to the victim, the defendant must pay the full amount of restitution prior to or at the time of application to the program. If the amount due is so great that the defendant cannot afford to pay the entire amount, partial payment may be accepted and the defendant must pay the balance in monthly payments over a specified period of time.
Documents
Resources
City of Albuquerque Voucher Program
City of Albuquerque’s Substance Use Treatment
Intensive Outpatient Treatment Services
Sage Neuroscience
505-405-2171
Turning Point
505-217-1717
Presbyterian Behavioral Health Services (Kaseman)
505-291-2560
Inpatient Treatment Services
Turquoise Lodge Hospital
505-841-8978
CARE Detox
505-468-1555
Four Winds Behavioral Health Center
505-702-8547
Treatment Provider
Online NA and AA Meetings: Free online community meetings are available for you online.
Drug Testing
ABQ Drug Testing, Inc.
(505) 298-2200
8338 Comanche Rd NE
Albuquerque, NM 87110
Education
CNM F.I.R.S.T
(505) 224-4000, ext. 52826
Associated Judicial Referral Services (AJRS)
(800) 444-9301
Employment
PPD Interest Form
Do you have a defendant that you think would benefit from participating in Pre-Prosecution Diversion? If so, please fill out the information below. A defendant must qualify for PPD under N.M. Stat. Ann. § 31-16A-4 in order to be considered. A decision by the district attorney not to divert a person to the Pre-Prosecution Diversion program is not subject to appeal and shall not be raised as a defense to any prosecution or habitual offender proceeding.