Information
Article 17 — Section 31-17-1 NMSA 1978
It is the policy of this state that restitution be made by each violator of the Criminal Code to the victims of his criminal activities to the extent that the defendant is reasonably able to do so. This section shall be interpreted and administered to effectuate this policy.
Definitions
Victim
Any person who has suffered actual damages as a result of the defendant's criminal activities.
Actual Damages
All damages which a victim could recover against the defendant in a civil action arising out of the same facts or event, except punitive damages and damages for pain, suffering, mental anguish and loss of consortium. Without limitation, "actual damages" includes damages for wrongful death.
Criminal Activities
Includes any crime for which there is a plea of guilty or verdict of guilty, upon which a judgment may be rendered and any other crime committed after July 1, 1977 which is admitted or not contested by the defendant.
Restitution
Full or partial payment of actual damages to a victim.
Plan of Restitution
If the trial court exercises either of the sentencing options under Section 31-20-6 NMSA 1978, the court shall require as a condition of probation or parole that the defendant, in cooperation with the probation or parole officer assigned to the defendant, promptly prepare a plan of restitution, including a specific amount of restitution to each victim and a schedule of restitution payments.
If the defendant is currently unable to make any restitution but there is a reasonable possibility that the defendant may be able to do so at some time during his probation or parole period, the plan of restitution shall also state the conditions under which or the event after which the defendant will make restitution.
The defendant’s plan of restitution and the recommendations of his probation or parole officer shall be submitted promptly to the court. The court shall promptly enter an order approving, disapproving or modifying the plan. Restitution payments shall be made to the clerk of the court unless otherwise directed by the court.
An order requiring an offender to pay restitution, validly entered pursuant to this section, constitutes a judgment and lien against all property of a defendant for the amount the defendant is obligated to pay under the order and may be recorded in any office for the filing of liens against real or personal property, or for garnishment.
Before approving, disapproving or modifying the plan of restitution, the court shall consider the following:
The physical and mental health and condition of the defendant
The defendant's age, education, employment circumstances, potential for employment and vocational training
Family circumstances and financial condition
The number of victims and the actual damages of each victim
What plan of restitution will most effectively aid the rehabilitation of the defendant
Such other factors as shall be appropriate
Victim Rights Preserved
This section and proceedings pursuant to this section shall not limit or impair the rights of victims to recover damages from the defendant in a civil action.
The rightful owner of any stolen property is the individual from whom the property was stolen. When recovering his property, the rightful owner of the stolen property shall not be civilly liable to any subsequent holder, possessor or retainer of the property for the purchase or sale price of the property or for any other costs or expenses associated with the property.
History: 1953 Comp., 40A-29-18.1, enacted by Laws 1977, ch. 217, 2; 1989, ch. 101, 1; 1993, ch. 221, 1; 2005, ch. 282, 1.