Deferred Prosecution Agreement – Rehabilitation and Treatment

TTC 2.25 Criminal Procedures - Deferred Prosecution Agreement

Tribe: Tulalip Tribes of Washington

At any time, the Prosecutor and a defendant who has counsel or who has voluntarily waived counsel may agree to the deferral of a prosecution for a specified period of time based on one or more of the following conditions: (A) That the defendant may not commit any offense; (B) That the defendant may not engage in specified activities, conduct, and associations bearing a relationship to the conduct upon which the charge against the defendant is based; (C) That the defendant shall participate in a supervised rehabilitation program, which may include treatment, counseling, training, or education; (D) That the defendant shall make restitution in a specified manner for harm or loss caused by the offense, or any other reasonable conditions, including voluntary exclusion from the Reservation; and (E) Participation in the Elders Panel or Wellness Court. The prosecution must be deferred for the period specified in the agreement unless there has been a violation of its terms. Sanctions can be imposed for violation of the agreement, without revoking the agreement in its entirety. The conditions of the agreement shall be monitored by the Tulalip Tribal Probation Officer. Deferred prosecutions may not be agreed to in cases of domestic violence or violent crimes.

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