Dismissal or Deferral for Tribal Elder and Adult Protection

Bay Mills Tribal Code. Chapter XV Tribal Elder and Adult Protection Code. Section 1518 Criminal Prosecutions.

Tribe: Bay Mills Indian Community

Section 1518 Criminal Prosecutions.
[…]
B. Criminal prosecutions may run concurrently with civil
proceedings under this Code. Dismissal or deferral of a
criminal proceeding in no way affects the applicability
of this Code. Factors for the Court to consider when
dismissing or deferring criminal proceedings are:
1. The elder, adult, family or caretaker and
suspected abuser agree to resolve conflicts
through any dispute process recognized by the
Bay Mills Indian Community; and
2. All parties concerned agree to accept services as
determined by Bay Mills Protective Services; and
3. The crime is not of a serious nature involving
intentional bodily harm or intentional property
damage and the accused does not have a prior
record of elder, adult, child or sexual abuse.

Read Full Text of Bay Mills Tribal Code. Chapter XV Tribal Elder and Adult Protection Code. Section 1518 Criminal Prosecutions.