Tribe: Oneida Indian Nation
Rule 804. PROVISIONS OF DIVERSION AGREEMENT; WAIVER OF SPEEDY
TRIAL AND JURY TRIAL, WHEN; ALCOHOL AND DRUG
RELATED OFFENSES; ST A Y OF CRIMINAL PROCEEDINGS; FILING
OF AGREEMENTS . a. A diversion agreement shall provide that if the defendant fulfills the obligations of the
program described therein, as determined by the Nation Prosecutor, the Nation
Prosecutor shall act to have the criminal charges against the defendant dismissed with
prejudice. The diversion agreement shall include specifically the waiver of all rights
under Nation law to a speedy arraignment and a speedy trial. The diversion agreement
may include, but is not limited to, provisions concerning payment of restitution,
including court costs and diversion costs, residence in a specified facility, maintenance
of gainful employment, and participation in programs offering medical, educational,
vocational, social and psychological services, corrective and preventive guidance and
other rehabilitative services. b. The diversion agreement shall state: ( 1) . The defendant’s full name; (2) the
defendant’s full name at the time the complaint was filed, if different from the
defendant’s current name; ( 3) the defendant’s sex, race and date of birth; ( 4) the
crime with which the defendant is charged; (5) and, the date the complaint was filed. c. If a diversion agreement is entered into in lieu of further criminal proceedings on a
complaint alleging a violation of alcohol and substance abuse laws, the diversion
agreement shall include a stipulation, agreed to by the defendant and the Nation
Prosecutor, of the facts upon which the charge is based and a provision that if the
defendant fails to fulfill the term of the specific diversion agreement and the criminal
proceedings on the complaint are resumed, the proceedings, including any
proceedings on appeal, shall be conducted on the record of the stipulation of facts
relating to the complaint. In addition, the agreement shall include a requirement that
the defendant: 1. Perform community service specified by the agreement; and 2. Enroll in and successfully complete an alcohol and drug program or a
treatment program, or both. d. If a diversion agreement is entered into in lieu of further criminal proceedings on a
complaint alleging a violation of driving under the influence, the diversion agreement
may restrict the defendant’s driving privileges, in addition to any suspension and to
driving only under the following circumstances: ( 1) In going to or returning from the person’s place of employment or schooling; (2) in the course of the person’s
employment; (3) during a medical emergency; (4) in going to and returning from
probation or parole meetings, drug or alcohol counseling or any place the person is
required to go to attend an alcohol and drug safety action program; (5) at such times
of the day as may be specified by the diversion agreement; and ( 6) to such places as
may be specified by the diversion agreement.