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.  

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Success Stories

Hello Nicole and Michelle, 

I hope your holidays were great and you got to enjoy some time off.

I wanted to let you know that I officially graduated from nursing school with honors and the Charlotte Monture Perseverance award. This award was given to me because I finished with a 3.76 GPA while overcoming several obstacles that usually push people to the breaking point. I also was the only student in my class that graduated with honors, and wore an honor cord for being the school’s National Student Nursing Association President for 3 semesters.  

At this time I am waiting for my authorization to take my licensure exam and studying to keep my mind fresh. I am proud to say that I stayed clean throughout every step. 

Once I get my RN license I am hoping to work in the emergency room where I did my preceptorship. I am still working hard every single day to make a better life for my wife and myself. However, we are not having any babies yet because I am not ready for that- yet! 

I also wanted to offer myself and my story to anyone that you think it would be beneficial to. I always love to share my trials and tribulations with people it will influence. Sharing this also helps me to stay clean and sober. I have a lot of time right now while I am waiting for my authorization and would be glad to share it in person or whatever is best. I do not know if this is allowed but I think it can help inspire those who think their life is done and gone even-though they have the second chance. Let me know what you think or if there are any suggestions. 

I hope you have a great day and HAPPY NEW YEAR!

When I started probation, I was a hopeless drug addict. I didn’t know how to let go of my addiction and I didn’t realize at the time how it had completely taken over my life. I was 27 years old. I had completely lost myself. I lost everything that was valuable to me, including family and life-long friends. I had nowhere to turn and my addiction weighed me down like chains because in my mind I had to get high. I didn’t know at the time but getting placed into the PPD program ultimately was going to save my life.

Starting out and visiting with my counselor once a week helped me get into a schedule. She seemed to actually care about me and where I was going with my life and the things that were happening to me. It kept me in check with reality and grounded me back into the routine of being an adult again.

I learned so much about my addiction and why I did certain behaviors. I learned why I wanted to run away from my life. I stopped running and I’ve been able to deal with a lot of trauma that happened to me prior to my drug use.

My counselor also helped me get into school. I haven’t been back to school in 10 years and here I was a CNM student once again. It felt really good to be doing productive things in my life and to be investing in myself and in my future.

I also found a job. I was picking myself up and making enough money to get my own apartment, pay off some debt, buy a car and I paid out of pocket for school. I was still an addict but I was no longer using and now in recovery. I paid all of my bills on time and my life was turning around. I was gaining back relationships that I thought I had lost forever and my life started flourishing back into something worth living again.

AA was the next part of my journey. I was so nervous to go into the rooms at first, I didn’t know what to expect. I thought it was going to be a bunch of people who were sad and it was just going to tempt me to want to go out and either use again or drink again. I was so wrong. The rooms are filled with hope, and success and people that understand what it’s like to be overcome with your addiction. There is no judgement and everyone is so nice and so welcoming. It’s weird at first how nice everyone is and how they praise your sobriety when outsiders just don’t understand what a milestone it is to make it 30 days sober, 60 days sober or even 90 days. I’ve lost a lot of friends during my addiction that I will never get back, I have friends in addiction that I can never speak to again and through AA I have a social life again and it’s with people that are also sober and on my same journey through recovery. In the meetings I’m able to talk about my triggers, talk about my addiction openly, found a sponsor who I can call at any point in time during the day or night if I’m tempted to use and it’s a huge spiritual tool kit that I now have access to that helps me maintain my sobriety. It is one day at a time, progress not perfection. The farther I get into my sobriety the less I’ve thought about drinking or using drugs and relapsing. The people I surround myself with these days especially through AA have also made a huge impact on that.

I’ve been in PPD for a little bit over a year now, and it has completely saved my life. I couldn’t even begin to imagine what my life would be like now if I had never gotten into the PPD program. I am now a productive member of society. I have my life back. I have a social life and people that actually care about me. I have my family back into my life. I have money and I’m able to buy nice things as well as pay my bills on time. I’m back in school and actively thinking about my future and what career path I’d like to pursue. None of this would have been possible if I hadn’t gotten into this program and I’ll be forever grateful for it. Most of all I was blessed to have the counselor that I have and if it wasn’t for her I wouldn’t be where I am today. When I graduate this program I hope she’s as proud of me as I am of myself because I worked hard to get where I am today. She’s been with me throughout this entire journey and her coming into my life completely changed it for the better.

I was accepted into PPD in November 2019. I participated in the program for 15 months and graduated in February of 2020. I was very honest and open about my drug use and very open to accepting treatment after a few speed bumps at the beginning of the program. During my participation in the program, I was able to obtain gainful employment and eventually was promoted to office manager! I am now a full-time caretaker for my elderly mother and am also a single mother. I am able to continue to do all these great things because of all the effort I put forth in PPD and completing substance abuse treatment.

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Eligibility Requirements

  1. 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.
  2. 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).
  3. The defendant shall waive his constitutional right to a preliminary hearing. N.M. Stat. Ann. § 31-16A-6(A).
  4. 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)
  5. 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)
  6. 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.
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Documents

PPD Guidelines and Instructions

PPD Legal

PPD Packet

PPD Statute

Misdemeanor PPD

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Resources

City of Albuquerque Voucher Program

City of Albuquerque’s Substance Use Treatment Provider Network

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

Daily Color
(505) 255- 1090
4213 Montgomery Blvd NE
Albuquerque, NM 87109

Education

CNM F.I.R.S.T
(505) 224-4000, ext. 52826

Associated Judicial Referral Services (AJRS)
(800) 444-9301

Employment

Department of Workforce Solutions

Fathers Building Futures

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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.

PPD Interest Form
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Metro Court example: T-4-####### District Court example: D-202-CR-#####

Charges

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Defense Attorney / Public Defender
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