Tribe: Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation
CHAPTER 21.09 DEFERRED COURT PROCEDURES FOR ALCOHOL AND DRUG OFFENSES
21.09.01 Request for Deferred Prosecution and for Deferred Judgment
A person charged with an offense allegedly committed while under the influence of drugs or alcohol may request to be considered for a deferred prosecution program or a deferred judgment program under this chapter. The request shall be made before trial. The person’s request must state the following:
(a) That the offense charged is the result of, or is caused by, their alcohol use, drug use, or dependency, for which the person is in need of treatment; and
(b) That without treatment, there is a probability of future recurrence of similar misconduct; and
(c) A history of the person’s alcohol or drug use or dependency that is relevant to the current charge.
21.09.02 Drug and Alcohol Evaluation
Upon consideration of a request for either a deferred prosecution or deferred judgment, the Tribal Court may continue the arraignment and refer the person to the Tribe’s or other alcohol or drug programs for diagnostic investigation and evaluation, the cost of which is to be carried by that person. The Counselor shall make a written report to the Tribal Court with a copy to the defendant including the following findings:
(a) Whether the person suffers from an alcohol or drug dependency; and
(b) Whether there is a probability that similar misconduct will recur if not treated; and
(c) Whether effective treatment is available; and
(d) The type of treatment recommended; and
(e) If treatment is recommended, a treatment plan specifying the location, nature, length, treatment time schedule, and cost.
21.09.03 Court Order Based on Evaluation Report
If the Tribal Court approves the plan, and the defendant agrees to comply with the terms and conditions of the plan and agrees to pay the cost thereof, the Tribal Court shall order that the defendant be accepted for either a deferred prosecution program or a deferred judgment program. If treatment is not recommended or not approved, or the defendant declines to accept the treatment plan, the defendant’s prosecution shall resume.
21.09.08 Charges Dismissed
At the end of the deferred prosecution program, the charges against the defendant shall be dismissed. The dismissal shall constitute an absolute bar to a subsequent action involving the same claim.