Tribe: Nisqually Indian Tribe
50.39.06 Predisposition Report.
(a) The Presenting Officer, after consulting the Youth Counselor shall prepare a
written report describing all reasonable and appropriate alternative dispositions.
The report shall contain a specific plan for the rehabilitation of the youth designed
to resolve the problems presented in the fact finding hearing.
(b) The report shall contain an explanation of the necessity of the proposed
disposition plan and its benefits to the youth.
(c) Preference shall be given to the disposition alternatives which are listed in Section
50.39.08 of this Title. The alternatives least restrictive of the youth’s freedom,
consistent with the interests of the Tribe shall be selected.
[…]
50.39.07 Disposition Hearing
[…]
50.39.08 Disposition Alternatives
(a) If a youth has been found to be a youth offender, the Court shall order a
disposition containing one or more of the following alternatives for any term until
the youth reaches the age of twenty-one (21):
(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) Order the youth to spend a period of time with an adult who is
knowledgeable about traditional tribal customs and values for training and
instruction regarding such customs and values.
Place the youth on probation, subject to conditions set by the Court. Such
conditions may include, but are not limited to, drug and alcohol evaluation
and treatment, anger management training, continued education, job
training, participation in extracurricular activities (sports, music, schools
sponsored clubs, etc.), and community service. A youth on probation shall
be required to report to the Court on a regular basis regarding the
fulfillment of the conditions set by the Court. If the youth does not
comply with the conditions set by the Court, the probation may be revoked
and the youth may be fined or ordered to detention as set out in
subsections (iv) and (v).
Order the youth to make restitution for any injury resulting from the
offense.
Impose a fine not greater than the maximum fine that could be imposed on
the youth had he or she been an adult at the time the criminal offense was
committed.
Order detention or shelter care for a period of time not to exceed the jail
sentence that could have been imposed on the youth had he or she been an
adult at the time the criminal offense was committed.
Order the parent(s), guardian or custodian of the youth to supervise the
rehabilitation of the youth. Such supervision may include requiring the
parent(s), guardian or custodian to accompany the youth when the youth is
attending a training or treatment program ordered by the Court.
Order the parent(s), guardian or custodian of the youth to attend any
programs (drug and alcohol evaluation and treatment, anger management,
etc.) which the Court deems necessary to enable the parent(s), guardian or
custodian to assist in the rehabilitation of the youth. If the parent(s),
guardian or custodian does not comply with the Court’s order, the Court
may charge such person(s) with contempt of Court and shall refer the case
to the Indian Child Welfare Department for youth-in-need-of-care
proceedings.
Court-ordered assistance with tribal functions, a written and/or oral
apology to the General Council or any body thereof, and/or a barring of up
to six months from any specified tribal building or facility.
(b) It is the desire of the Nisqually Tribe to avoid detention of youth’s whenever
possible. Preference should be given to the other disposition alternatives.
Detention shall be ordered only when the Court determines that one or more of
the following conditions exist:
(i) The youth is a repeat offender and previous efforts at rehabilitation have
been unsuccessful;
(ii) The youth has committed physical or sexual harm to another person and
release of the youth is likely to result in continued harm to others; or
(iii) The youth has expressed unwillingness to participate in any rehabilitative
programs.
50.39.09 Modification of Disposition Order
[…]