N.M. R. Crim. P. Metro. Ct. 7-507
If the defendant raises the defense of "not guilty by reason of insanity at the time of commission of an offense," the action shall be transferred to the district court for further proceedings under the Rules of Criminal Procedure for the District Courts.
N.M. R. Crim. P. Metro. Ct. 7-507
ANNOTATIONS The 2018 amendment, approved by Supreme Court Order No. 18-8300-023, effective February 1, 2019, removed provisions related to the mental competency of the defendant to stand trial; in the heading, deleted "or incompetency", and "evaluation"; deleted "Transfer to district court.", and "pleads" and added "raises the defense of", and "at the time of commission of an offense"; and deleted Paragraphs B through D, which related to a defendant's competency to stand trial. The 2010 amendment, approved by Supreme Court Order No. 10-8300-032, effective December 3, 2010, in Paragraph A, after "pleads 'not guilty by reason of insanity'", deleted "or 'guilty, but mentally ill'". The 1996 amendment, effective October 1, 1996, in Subparagraph B(2), deleted "Within thirty (30) days after receiving an evaluation of the defendant's competency" from the beginning of the last sentence and inserted "hold a hearing to" and "the defendant's" in the last sentence and added Subparagraphs B(2)(a) and B(2)(b); in Subparagraph B(3), added Subparagraph B(3)(b) and deleted former Subparagraphs B(3)(b), B(3)(c), and B(3)(d) relating to staying further proceedings, ordering treatment to enable defendant to attain competency, and review and amend the conditions of release; deleted the former last sentence of Paragraph C relating to payment of costs of the examination if defendant is indigent; deleted former Paragraph D relating to continuing judicial review and redesignated former Paragraph E as Paragraph D; and substituted "competency to stand trial" for "sanity" in Paragraph D. The 1990 amendment, effective for cases filed in the metropolitan courts on or after September 1, 1990, added "evaluation" to the rule heading; designated the former provisions of this rule as Paragraph A and substituted "or 'guilty, but mentally ill'," for "or if an issue is raised as to the mental competency of the defendant to stand trial," therein; and added Paragraphs B through E.
For determination of competency, raising the issue, see Section 31-9-1 NMSA 1978. For determination of competency, commitment and report, see Section 31-9-1.2 NMSA 1978. For form on transfer order, see Rule 9-404 NMRA.