Tribe: Menominee Indian Tribe of Wisconsin
§ 278-176 Deferred prosecution and diversion programs.
In lieu of filing a petition, the Prosecutor, the Department, the child and the parent(s), guardian(s) or caretaker(s) may enter into a deferred prosecution agreement and/or participate in a diversion program; such program shall be monitored by the Department.
A.
The diversion agreement shall include the following:
(1)
The name, birth date, physical and mailing address of the child.
(2)
The name, physical and mailing addresses of parent(s), guardian(s), caretaker(s) and/or spouse, if any, of the child.
(3)
The name of the alleged offense.
(4)
The basic rights of the minor child.
(5)
The role of the Department in monitoring the deferred prosecution and/or diversion agreement.
(6)
Resources identified and sought for the child shall address the underlying problem related to the alleged delinquent act(s). Such resources may include but are not limited to:
(a)
Peacemaking and cultural resources;
(b)
Appropriate counseling and/or prevention programs;
(c)
Career exploration/intervention and mentorship programs;
(d)
Driver safety programs;
(e)
Licensed AODA or other counseling programs;
(f)
Youth leadership and development services;
(g)
First offender and teen court programs;
(h)
Rehabilitation and support programs;
(i)
Other diversionary or camp programs;
(j)
Community service activities;
(k)
Payment of restitution, if appropriate;
(l)
Maintain school attendance, participate in a GED program or vocational education, including any other educational related services;
(m)
Referral to community based programs and services;
(n)
Trauma-informed care and adverse childhood experiences (ACEs) assessments and responsive programing;
(7)
A provision for tolling the filing of the petition;
(8)
A provision for specified progress and review meetings with the parties to the deferred prosecution and/or diversion agreement;
(9)
That entry is voluntary and that the child, parent(s), guardian(s), or caretakers(s) may withdraw from the agreement at any time;
(10)
That withdrawal from the agreement may lead to the filing of a delinquency petition; and
(11)
Particular conditions to be fulfilled by the child and the child’s parent, guardian, or caretaker over a period not to exceed six months.
B.
A child’s participation in any deferred prosecution and/or diversion agreement shall:
(1)
Be voluntary;
(2)
Require the consent of the parent(s), guardian(s) or caretaker(s);
(3)
Be dismissed upon successful completion with no petition being filed and shall not be used against the child in any further proceedings.
C.
Prohibitions. The conditions of the agreement shall not:
(1)
Include detention in a secure juvenile detention facility, nor participation in alternative programs or services specifically intended as alternatives to secure detention or otherwise directed solely at meeting the needs of adjudicated youth;
(2)
Include a requirement that the child’s parent, guardian, or caretaker undergo medical, psychological, or psychiatric treatment, unless such treatment is:
(a)
Recommended by a qualified medical, psychological, or psychiatric professional; and
(b)
Necessary to:
[1]
Address conditions which contributed to the alleged delinquent act; or
[2]
Allow the child to remain with or be returned to the custody of the child’s parent, guardian, or caretaker.
D.
Eligibility. A child deemed to have committed a violent or serious act, or is a habitual offender, shall not be eligible for the deferred prosecution and/or diversion program unless the Department recommends participation following a complete review of the child’s records and past conduct with law enforcement, school behavioral records, past status offenses or delinquencies, discussion with the victim and victim’s family if the victim is a child if they are willing, and the completion of a juvenile risk assessment by the Department.
[Amended 12-21-2021 by Ord. No. 21-88]
E.
Withdrawal. In the event of withdrawal or any violation of the deferred prosecution and/or diversion program, the Department shall refer the matter to the Prosecutor and a petition may be filed with the Court.
F.
Modifications.
(1)
The Department may modify the agreement if the all parties agree before the expiration of the initial term of the agreement.
(2)
The Department may modify the agreement by extending the term three months if all the parties agree before the expiration of the initial term of the agreement.
G.
Fulfillment of conditions.
(1)
If the conditions of the agreement are fulfilled no further action shall be taken in the matter.
(2)
If the conditions of the agreement are not fulfilled the Department may:
(a)
Confer with the child’s parent, guardian, or caretaker for the purpose of effecting necessary or recommended modifications to the agreement; or
(b)
Recommend that a delinquency petition be filed.
(3)
Upon a finding by a preponderance of the evidence that a child have fulfilled the conditions of a deferred prosecution agreement the Court shall dismiss with prejudice any subsequent delinquency petition arising out of the alleged incident.