New Mexico Statutes Chapter 31. Criminal Procedure § 31-9-1.6. Hearing to determine developmental or intellectual disability

A. Upon motion of a party or the court, the court shall hold a hearing to determine whether the defendant is not competent due to a developmental or intellectual disability as defined in Subsection E of this section, and the evaluator shall be provided with the necessary and available documents reasonably required for admission pursuant to written policies adopted by the secretary of health or the secretary's designee.

B. If the court finds by a preponderance of the evidence that the defendant is not competent to stand trial due to a developmental or intellectual disability and 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 court shall notify the department of health of the court's finding.  Within sixty days of receipt of the court's notification, the department of health shall determine whether the defendant presents a likelihood of serious harm to the defendant's self or others.

C. If the department of health determines that the defendant presents a likelihood of serious harm to self or others, the department shall initiate involuntary commitment proceedings in accordance with the Mental Health and Developmental Disabilities Code if the defendant is charged with:

D. After the involuntary commitment hearing or upon expiration of fourteen months from the court's initial determination that the defendant is not competent to stand trial, the criminal case shall be dismissed without prejudice.

E. As used in this section, “developmental or intellectual disability” means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior.  An intelligence quotient of seventy or below on a reliably administered intelligence quotient test shall be presumptive evidence of developmental or intellectual disability.