Tribe: Gila River Indian Community of the Gila River Indian Reservation
5.405. Diversionary Prosecution. A. Except where prohibited by this title, a judge shall have the discretion in sentenci ng a defendant charged with a misdemeanor offense to accept a defendant’s plea of guilt and defer entering the plea into the record and defer imposition of sentence for a specified time upon the condition of the defendant successfully completing drug and/or alcohol treatment, and/or any other appropriate conditions that promote rehabilitation. B. A defendant is not eligible for diversion if he: 1. Has been previously charged with a misdemeanor or felony offense 111 any j urisdiction, regardless of whether the conviction was expunged; or 2. Has previously been granted or completed diversion. C. Defendants ordered to diversion shall be monitored by the Probation Department and shall be subject to random urinalysis tests. D. At any time after the defendant has satisfactorily completed one-half of the original diversion period, the defendant may petition the court to reduce or tem1i nate the supervision if the defendant proves successful completion of the stated condition(s). Upon satisfactory ful fillment of the diversion condition(s), including no subsequent criminal charges
against the defendant while on diversion, a judge shall dismiss the offense.
E. If the defendant fai ls to successfully complete the stated condition(s) a j udge shal l
enter the defendant’s plea of guilt into the record and sentence the defendant pursuant to this
title. The defendant shal l be entitled to a hearing limited to the scope of whether, by
preponderance of the evidence, the defendant violated a diversion condition or has been charged
with subsequent criminal charges. A j udge may receive any reliable evidence not legally
privi leged. Hearsay is admissible. The hearing need not be a formal, “trial type” hearing and the
rules of evidence need not be observed. […] 5.406. P robation.
A. At sentencing a j udge shall have the discretion in sentencing, except where
prohibited by this title, to suspend a convicted offender’s sentence of imprisonment, and release
the offender on probation. The offender shall sign a probationary pledge which specifically
states the terms and conditions of probation.
B. The terms of probation must include services or programs to promote
rehabi I itation.
1. A j udge may order successful completion of a court approved drug and/or alcohol
treatment; programming or classes for domestic violence; programming or classes
for anger management; programming or classes for parenting; programming or
classes offered by Mothers Against Drunk Driving; successful compliance with
mental health treatment; community service; restitution; or any other reasonable
terms a j udge finds appropriate.
2. A j udge may modify an order of probation to allow a probationer to be excused
from checking in with the probation officer for the spec ified time while the
probationer is off Reservation while enrolled and physically attending an inpatient
treatment program.
C. Special Conditions of Probation for Offenders Convicted of an Offense Involving
Domestic Violence; Required Reports by Probation Department.
1. Before placing an offender who is convicted of a crime involving domestic
violence on probation, the j udge shall consider the safety and protection of the
victim of domestic violence.
2. The j udge may condition the granting of probation to an offender on any
reasonable condition the j udge finds appropriate or on any of the following
conditions: a. Enjoining the offender from threatening to commit or committing acts of
domestic violence against the victim or other family or household member
as described in Section 5.71 0.B, Domestic Violence;
b. Prohibiti ng the offender from harassing, annoying, telephoning,
contacting, or otherwise communicating with the victim, directly or
indirectly through fami ly, relations by marriage, friends, or co-workers;
c. Requiring the offender to stay away from the residence, school, place of
employment, or any speci fied place frequented regularly by the victim or
any designated family or household member as described in Section
5.7 1 0.B, Domestic Violence;
d. Prohibiting the offender from possessmg or consummg alcohol or
control led substances;
e. Prohibiting the offender from possessmg a firearm or other speci fied
weapon;
f. Directing the offender to surrender any weapons owned or possessed by
the offender; and/or
g. Directing the offender to refrain from any violations of law for the
duration of probation.
3. Any probation that a judge may order as a condition of sentencing shall be
supervised probation with the Probation Department.
4. The Probation Department shall document and report to the Community Court
any violations of law, any assaults by the probationer, any threats of harm made
by the probationer, and any fai lure by the probationer to comply with any
condition imposed by the court or Probation Department, regardless of where the
violation occurred or under what j urisdiction the crime was adj udicated. Such a
violation shall be deemed as constituting non-compliance with probation
conditions and is subject to revocation under Section 5.406.0.
D. If a prosecutor or probation officer has reasonable cause to believe that a
probationer has violated a written condition of probation imposed by the court, the prosecutor or
probation officer may petition the court to revoke probation.
1. After a petition to revoke has been filed the court shall issue a summons directing
the probationer to appear on a speci fied date and time to arraign the probationer
on the petition to revoke probation.
2. Unless a warrant is requested by the probation officer or the prosecutor, the court
should i ssue a summons for the probationer. 3. The filing of a petition to revoke probation shal l automatically stay the term of
probation, during which the court shal l retain j urisdiction.
E. If a probationer has been found guilty of a subsequent criminal offense by a j udge
or j udicial officer of any j urisdiction, no petition to revoke probation shall be requi red. A j udge
may set the probation matter for disposition hearing within a reasonable amount of time after the
determi nation of guilt of a subsequent criminal offense.
F. A probationer shall be arraigned on a petition to revoke probation and shall be
informed of each alleged violation of probation, and the probationer shall admit or deny each
allegation. If no admission is made or if an admission is not accepted, the court shall set a
probation violation hearing.
G. A probation violation hearing to determine whether a probationer has violated a
written condition of probation shall be held before the court on the petition to revoke probation.
H. A disposition hearing shall be held after an admission by the probationer or a
j udicial finding that a probationer has violated a condition or regulation of probation.
1. A j udge may reinstate the probationer to the sentence of probation, may order the
probationer to serve out the remainder of the sentence by incarceration, or may
impose some other sentencing option provided for in this chapter, so long as the
time period does not exceed the original sentence.
2. Time will be tol led from the date of the violation, any time the defendant
absconded, or any time a warrant is issued. Time tolled is not counted as days
served on probation and may be served in jail or by reinstated sentence of
probation.
I. The j udge shall have the discretion to impose a term of probation for as long as
necessary to address any issues that may have contributed to the conviction, provided however
that the length of the probationary period for each offense shall not exceed the maximum time
per offense as permitted under this title. […]
J. All persons placed under the supervision of probation shall be ordered to pay
reasonable probation fees, costs and expenses, which shall be recommended by the court and
approved by the Community Council.
K. The duties of probation officers include, but are not l imited to, the fol lowing:
1. Make investigations, reports, and recommendations to the court as required by a
j udge;
2. Receive under supervision any person sentenced to probation; 3. Provide release assistance, and supervise any person placed on probation or in a
diversion, work release or community service;
4. Give each person under their supervision a statement of the conditions of
probation and i nstruct the person regarding the conditions;
5. Keep i nformed concerning the conduct and condition of persons under their
supervision by requiring visits, reports, or otherwise;
6. Use all suitable methods, not inconsistent with the condition of probation or
program participation, to aid and encourage persons under their supervision and to
effect improvement in their conduct and condition;
7. Keep detailed records of the work done and to make reports to the court as
required; and/or
8. Perform other duties not i nconsistent with the normal and customary functions of
probation officers as may be ordered and authorized by the court.
L. Failure to satisfy any time frames provided in this section will not be grounds for
dismissal if the judge finds that the delay is indispensable to the interests of j ustice and enters a
written order detai l ing the reason(s) for the change in the time frame.
M. The Probation Office is authorized to promulgate and publish Standard Operating
Procedures to effectuate the purpose of this chapter, subject to review by the Legislative
Standing Committee. […] RULE 33. DIVERSIONARY PROSECUTION.
a. A j udge shall have the discretion in sentencing a defendant charged with a first
misdemeanor offense, except where prohibited by these rules, to accept a defendant’s plea of
gui lt and defer entering the plea i nto the record and defer imposition of sentence for a specified
time upon the condition of the defendant successfully completing drug and/or alcohol treatment,
and/or any other appropriate conditions which promote rehabilitation, of which shal l be
speci fically stated.
b. Eligibil ity for diversionary prosecution shall be determined pursuant to GRIC
Code § 5 .405 .8 . 1 -3.
c.
5.405 .C.
Monitoring under diversionary prosecution shal l be pursuant to GRIC Code §
d. At any time after the defendant has satisfactori ly completed one-half of the
original diversion period, the defendant may petition the court to reduce or terminate the RULE 33. DIVERSIONARY PROSECUTION.
a. A j udge shall have the discretion in sentencing a defendant charged with a first
misdemeanor offense, except where prohibited by these rules, to accept a defendant’s plea of
gui lt and defer entering the plea i nto the record and defer imposition of sentence for a specified
time upon the condition of the defendant successfully completing drug and/or alcohol treatment,
and/or any other appropriate conditions which promote rehabilitation, of which shal l be
speci fically stated.
b. Eligibil ity for diversionary prosecution shall be determined pursuant to GRIC
Code § 5 .405 .8 . 1 -3.
c.
5.405 .C.
Monitoring under diversionary prosecution shal l be pursuant to GRIC Code §
d. At any time after the defendant has satisfactori ly completed one-half of the
original diversion period, the defendant may petition the court to reduce or terminate the RULE 33. DIVERSIONARY PROSECUTION.
a. A j udge shall have the discretion in sentencing a defendant charged with a first
misdemeanor offense, except where prohibited by these rules, to accept a defendant’s plea of
gui lt and defer entering the plea i nto the record and defer imposition of sentence for a specified
time upon the condition of the defendant successfully completing drug and/or alcohol treatment,
and/or any other appropriate conditions which promote rehabilitation, of which shal l be
speci fically stated.
b. Eligibil ity for diversionary prosecution shall be determined pursuant to GRIC
Code § 5 .405 .8 . 1 -3.
c.
5.405 .C.
Monitoring under diversionary prosecution shal l be pursuant to GRIC Code §
d. At any time after the defendant has satisfactori ly completed one-half of the
original diversion period, the defendant may petition the court to reduce or terminate the supervision if the defendant proves successful completion of the stated condition(s). The court
shall schedule a hearing to terminate diversionary prosecution and shall promptly notify the
defendant, defense counsel if any, prosecutor’s otlice, and Probation Office of the date and time
of the hearing.
e. If a j udge finds based on evidence presented at the hearing to terminate
diversionary prosecution that the defendant satisfactory fulfilled all conditions of the diversion
condition(s), including no subsequent criminal charges against the defendant whi le on diversion,
the j udge shal l dismiss the o ffense.
f. If the defendant fails to successfully complete the stated condition(s) of
diversionary prosecution the prosecutor may file a written motion requesting that the order
suspending the prosecution be vacated. The prosecutor shall serve a copy of the written motion
to the defendant and defense counsel if any. The court shall schedule a hearing to determine
whether the court should reinstate prosecution, enter the defendant’s plea of gui l ty and reinstate
the conditions and shall promptly notify the defendant, defense counsel if any, prosecutor’s
office of the date and time of the hearing. The hearing shall be held in conformance with the
requirements in the GRIC Code § 5 .405 .E
g. If a j udge finds, by preponderance of the evidence, based on evidence presented
at the hearing to reinstate prosecution defendant failed to fulfill the conditions of the deferred
sentence or was charged with subsequent criminal charges, the judge shall enter the defendant’s
plea of guilt into the record and sentence the defendant pursuant to these rules.
h. At the expiration of the time period for diversionary prosecution, the court shall
order the prosecution dismissed with prejudice.