Tribe: Pueblo of Isleta
31-03-10. Diversion Options A. It is the discretion of the Prosecutor whether to offer a diversion option. Children offered a
diversion option will be monitored by the Probation Department.
B. The conditions of a diversion agreement entered into pursuant to a Consent Decree, an order
deferring adjudication entered in accordance with a Time Waiver, or an order deferring
disposition, may include any of the following:
i.
Referral of the child to social, community, or tribal services or resources appropriate for
addressing the needs of the child; ii.
Participation in tribal peacemaking or other extrajudicial alternatives for resolving
conflicts or disputes;
iii.
Participation by the child in cultural, educational, or other programs or activities
aimed at rehabilitation, community involvement, or competency development, or which are
otherwise appropriate for addressing the child’s needs;
iv. Participation by the child in an educational or counseling program designed to deter
delinquent acts or other conduct or conditions which would be harmful to the child or the
community;
v. A requirement that the child undergo medical, psychological, or psychiatric
examination or treatment;
vi.
A requirement that the child pay restitution;
vii. Performance by the child of community service;
viii. A requirement that the child maintain satisfactory school attendance, or otherwise
pursue a course of study designed to lead to achieving a high school diploma or the
equivalent;
ix.
Participation by the child in structured after-school, evening, or other court-approved
programs appropriate for addressing the needs of the child and providing for the safety of
the community; or
x.
Other reasonable conditions aimed at:
a.
Holding the child accountable for his or her actions;
b. Providing for the safety and protection of the community; or
c.
Promoting the development of competencies which will enable the child to
become a responsible and productive member of the community.
C. The conditions of a diversion agreement entered into pursuant to a Consent Decree, an order
deferring adjudication entered in accordance a Time Waiver, or an order deferring disposition:
i.
Shall not include detention in a secure juvenile detention facility, nor participation in
alternative programs or services specifically intended as alternatives to secure detention nor
otherwise directed solely at meeting the needs of adjudicated youth. […] 31-03-11.
Diversion Agreements A.
The child and the child’s parent, guardian or custodian may enter into a written diversion
agreement setting forth:
i.
The rights of the child and the child’s parent, guardian or custodian under the
provisions of this title;
ii.
That entry into a diversion agreement is voluntary, and that the child may withdraw
from the diversion agreement at any time;
iii.
That withdrawal from the diversion agreement may lead to the filing of a delinquency
petition; and
iv. Particular conditions, which may include any of the options specified in the sentencing
section of this title, to be fulfilled by the child over a period not to exceed six (6) months.
B. If the child fulfills the conditions of the diversion agreement, no further action shall be
taken in the matter.
C. If the child does not fulfill the conditions of the diversion agreement, the Probation Officer
may:
i.
confer with the child and the child’s parent, guardian or custodian for the purpose of
effecting necessary or recommended modifications to the diversion agreement; or
ii. recommend that the Prosecutor file a delinquency petition.
D. Upon finding by a preponderance of the evidence that the child has fulfilled the conditions
of the diversion agreement, the Children’s Court shall dismiss with prejudice any subsequent
delinquency petition arising out of the alleged incident.