Tribe: Oneida Indian Nation
301 DIVERSION
A. Prior to the filing of a Petition, the Nation Prosecutor may divert any case or refer any
case to the Peacemaker process of the Nation Court except when the child is accused of
committing a crime which is classified as a felony under the Nation’s Penal Code.
B. At any time after the filing of a Petition and prior to disposition, the Court, in its
discretion, may divert any case or refer any case to the Peacemaker process of the Nation Court
except when the child is accused of committing a serious offense.
C. The Probation Officer shall monitor and supervise the diversion progress of the child and
file reports, as required, with the Nation Prosecutor and the Court. The reports shall contain a
detailed explanation ofrelevant information concerning the child, child’s family, environment,
diversion plan and any progress, conduct, diversion plan compliance or non-compliance, need for
further diversion, referral or treatment. The Probation Officer shall coordinate with the
appropriate Nation agencies and/or departments and develop an appropriate diversion plan for
the child.
D. • If at any time during the diversion period, the child or child’s parents, guardian or
custodian fails or refuses to comply with any requirements of the diversion plan, the Probation
Officer may refer the case back to the Nation Prosecutor for further proceedings under this Code.
Such referral shall be accompanied by a report prepared by the Probation Officer according to the
provisions of Section 301.C.
E. Upon successful completion of the diversion plan, the Probation Officer shall file a final
report with the Nation Prosecutor or Court informing of the plan compliance and recommending
dismissal of the Petition or closure of the matter.
F. The diversion of any case shall not affect the timely or speedy disposition of the case nor
shall it affect the time limitations of any offense as prescribed by Section 103.A or 103.B of this Code.