31-9-1.4. Determination of competency; incompetent defendants.

356 words·~2 min read·/nm/chapter-31-criminal-procedure/article-9-mental-illness-and-competency/31-9-1-4·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

If at any time the district court determines that there is not a substantial probability that the defendant will be restored to competency within nine months from the date the court determined the defendant is not competent to stand trial, the district court may:

A. hold a criminal commitment hearing in accordance with Section 31-9-1.5 NMSA 1978 within three months if the defendant is charged with:

(1)murder in the first or second degree, as provided in Section 30-2-1 NMSA 1978;

(2)a felony involving infliction of great bodily harm, as defined in Section 30- 1-12 NMSA 1978, on another person;

(3)criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;

(4)criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978;

(5)abuse of a child, as provided in Subsection D of Section 30-6-1 NMSA 1978;

(6)a crime provided for in the Sexual Exploitation of Children Act [Chapter 30, Article 6A NMSA 1978];

(7)human trafficking, as provided in Section 30-52-1 NMSA 1978;

(8)aggravated arson, as provided in Section 30-17-6 NMSA 1978; or

(9)any "serious violent offense" enumerated in Subparagraphs

(a)through

(n)of Paragraph

(4)of Subsection L [N] of Section 33-2-34 NMSA 1978 with the use of a firearm;

B. release the defendant from custody and dismiss the criminal case with prejudice; or

C. dismiss the criminal case without prejudice in the interest of justice; provided that if the treatment supervisor reports to the court that the defendant satisfies the criteria for involuntary commitment in accordance with the Mental Health and Developmental Disabilities Code [Chapter 43, Article 1 NMSA 1978], the department of health shall initiate those proceedings, and the court may order the defendant confined for a maximum of seven days to facilitate the initiation of those proceedings; and provided further that the district attorney may initiate involuntary commitment proceedings in the department's stead.

History: 1978 Comp., § 31-9-1.4, enacted by Laws 1988, ch. 107, § 5 and by Laws 1988, ch. 108, § 5; 1993, ch. 240, § 5; 1993, ch. 249, § 5; 1999, ch. 149, § 3; 2025, ch. 4, § 5.