Tribe: Confederated Tribes of the Chehalis Reservation
3.30.490 Request for deferred prosecution.
A person charged with a Class C or Class D crime may request the Court to be considered for a deferred prosecution program under this section. The request shall be made at arraignment or before trial. The person’s request must state the following:
A. That the offense charged is the result of or caused by alcohol problems or drug problems for which the person is in need of treatment;
B. Without treatment, there is a great probability of future recurrence of similar misconduct; and
C. A case history of the person’s alcohol or drug problems. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 3/7/1989; GC vote 10/11/1988. Prior code § 2.3.7.010.]
3.30.500 Drug and alcohol evaluation.
Upon consideration of the request, the Court may continue the arraignment and refer the person to the Tribe’s or other alcohol or drug program for diagnostic investigation and evaluation. The counselor shall make a written report to the Court with a copy to the defendant including the following findings:
A. Whether the person suffers from the problem alleged;
B. Whether there is a probability that similar misconduct will recur in the future if the problem is not treated;
C. The type of treatment recommended;
D. Whether effective treatment for the problem is available; and
E. If treatment is recommended, a treatment plan specifying the location, nature, length, treatment time schedule, and cost. [Res. 2011-020; Res. 2006-63; GC vote 3/7/1989; GC vote 10/11/1988. Prior code § 2.3.7.020.]
3.30.510 Court order based on evaluation report.
If the report recommends treatment, the Court shall examine the plan. If the 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, or arrange for the treatment, the Court shall order that the defendant be accepted for deferred prosecution. If treatment is not recommended or not approved or the defendant declines to accept the treatment plan, the defendant shall be arraigned on the charges. [Res. 2011-020; Res. 2006-63; GC vote 3/7/1989; GC vote 10/11/1988. Prior code § 2.3.7.030.]
3.30.520 Admissibility of evidence.
Evidence pertaining to or resulting from the defendant’s request and/or investigation or report is inadmissible in any trial on the charges but may be used after conviction in determining a sentence. [Res. 2011-020; Res. 2006-63; GC vote 3/7/1989; GC vote 10/11/1988. Prior code § 2.3.7.040.]
3.30.530 Failure to comply with conditions.
If a defendant in a deferred prosecution program fails or neglects to fulfill any term or condition of the treatment plan, the facility or agency administering the treatment shall immediately report the breach to the Court. Upon receiving such a report, the Court shall hold a hearing to determine whether the defendant should be removed from the deferred prosecution program. If removed from deferred prosecution, the defendant shall be arraigned on the original charge. [Res. 2011-020; Res. 2006-63; GC vote 3/7/1989; GC vote 10/11/1988. Prior code § 2.3.7.050.]