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

A. Upon motion of the defense requesting a ruling, the court shall hold a hearing to determine whether the defendant has a developmental or intellectual disability as defined in Subsection E of this section.

B. If the court finds by a preponderance of the evidence that the defendant has a developmental or intellectual disability and that there is not a substantial probability that the defendant will become competent to proceed in a criminal case within a reasonable period of time not to exceed nine months from the date of the original finding of incompetency, then, no later than sixty days from notification to the secretary of health or the secretary's designee of the court's findings, the department of health shall perform an evaluation to determine whether the defendant presents a likelihood of serious harm to self or others.

C. If the department of health evaluation results in a finding that the defendant presents a likelihood of serious harm to self or others, within sixty days of the department's evaluation, the department shall commence proceedings pursuant to Chapter 43, Article 1 NMSA 1978 if the defendant was charged with murder in the first degree, first degree criminal sexual penetration, criminal sexual contact of a minor or arson in the initial proceedings, and the court presiding over the initial proceedings shall enter a finding that the respondent presents a likelihood of harm to others.

D. The criminal charges shall be dismissed without prejudice after the hearing pursuant to Chapter 43, Article 1 NMSA 1978 or upon expiration of fourteen months from the court's initial determination that the defendant is incompetent to proceed in a criminal case.

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.