Tribe: Makah Indian Tribe of the Makah Indian Reservation
5.18.26 5.18.26 Sentencing and Probation. (a) (a) Prohibited Disposition. The Prosecutor shall not enter a plea agreement for deferred prosecution or deferred sentencing in a case charging Class AA or Class A offense under this section, except upon entry into Makah Healing Court. (b) (b) The Prosecutor has the discretion to refer any defendant charged under this section to Makah Healing Court, or any other approved diversion program, providing the individual meets the criteria for entry into the program. (c) (c) Probation for any violation of this section shall be governed by Section 5.21.11.3 of this Code. (d) (d) Revocation of Probation. At any time before the end of the probation period, (i) if, after a hearing upon five (5) days written notice to the defendant and the probation officer, the Court is satisfied that the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of the probation order and (ii) if the defendant has been convicted of another crime, the Court may revoke the probation and sentence the defendant as provided in this Code. (MLOC 5.21.11.3)
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