Tribe: Muckleshoot Indian Tribe
7.06.060 Diversion Agreement
) Upon the prosecutor’s acceptance of a recommendation for diversion, the juvenile and the juvenile’s parent(s) may enter into a written diversion agreement with the probation officer.
b) The diversion agreement shall specify particular conditions, to be fulfilled by the juvenile and the juvenile’s parent(s) over a period not to exceed six (6) months.
c) The probation officer shall advise the juvenile and the juvenile’s parent(s), and the written diversion agreement shall state:
1) That entry into a diversion agreement is voluntary, and that the juvenile or the juvenile’s parent(s) may withdraw from the diversion agreement at any time; and
2) That withdrawal from the diversion agreement may lead to the filing of a delinquency petition.
d) If the juvenile and the juvenile’s parent(s) fulfill the conditions of the diversion agreement, no further action shall be taken in the case.
e) If the juvenile or the juvenile’s parent(s) do not fulfill the conditions of the diversion agreement, the probation officer may:
1) Confer with the juvenile and the juvenile’s parent(s) for the purpose of effecting necessary or recommended modifications to the diversion agreement; or
2) Recommend that the juvenile presenting officer file a delinquency petition in accordance with Chapter 7.07.
f) Upon finding by a preponderance of the evidence that the juvenile and the juvenile’s parent(s) have fulfilled the conditions of the diversion agreement, the court shall dismiss with prejudice any subsequent delinquency petition arising out of the alleged incident.
7.06.070 Conditions of a Diversion Agreement.
a) Conditions of a diversion agreement may include any reasonable service or condition aimed at:
1) Assisting the juvenile and parent(s) to address the underlying issues that led the juvenile to engage in delinquent behavior and to assist the juvenile;
2) Holding the juvenile accountable for his or her actions; or
3) Promoting the juvenile’s ability to develop into a responsible and productive member of the community; and
4) That are reasonably available on or near the reservation or wherever the juvenile resides.
b) Such services and conditions may include, but are not limited to:
1) Referral of the juvenile or the juvenile’s family to social or community services, that may include chemical dependency or individual or family mental health services;
2) Referral of the case to a tribal elders panel, community accountability board or other forum suitable for addressing the needs of both the juvenile and the community;
3) Participation in tribal peacemaking or other extrajudicial alternatives for resolving conflicts or disputes;
4) Participation by the juvenile in cultural, educational, spiritual or other programs or activities aimed at rehabilitation, community involvement, or competency development, or which are otherwise appropriate for addressing the juvenile’s needs;
5) Participation by the juvenile or the juvenile’s parent(s) in an educational or counseling program designed to deter delinquent acts;
6) Participation by the juvenile’s parent(s) in an educational or counseling program such as a parenting class or other program designed to contribute to their ability to care for and supervise the juvenile;
7) A requirement that the juvenile or the juvenile’s parent(s) undergo medical, psychological, or psychiatric examination or treatment;
8) A requirement that the juvenile pay restitution;
9) Performance by the juvenile of community service;
10) A requirement that the juvenile maintain satisfactory school attendance, or otherwise pursue a course of study designed to lead to achieving a high school diploma or the equivalent;
c) Conditions of a diversion agreement shall not include:
1) Detention in a secure juvenile detention facility; and
2) A requirement that the juvenile’s parent(s) undergo medical, psychological, or psychiatric treatment, unless such treatment is recommended by a qualified medical, psychological, or psychiatric professional and is necessary to address conditions which contributed to the alleged delinquent act or to allow the juvenile to remain with or be returned to the custody of the juvenile’s parent(s).
Read Full Text of Muckleshoot Tribal Code. Title 7 Juvenile Delinquency Code. 7.06.060 Diversion Agreement & 7.06.070 Conditions of a Diversion Agreement.