Tribe: Oneida Indian Nation
Rule 803. GRANT OF DIVERSION; FACTORS TO CONSIDER. In determining whether diversion of a defendant is in the interests of justice and of benefit
to the defendant and the community, the Nation Prosecutor shall consider at least the
following factors among all factors considered: a. The natire of the crime charges and the circumstances surrounding it; b. any special characteristics or circumstances of the defendant; c. whether the defendant is a first-time offender and if the defendant has previously
participated in diversion. d. whether there is a probability thatthe defendant will cooperate with and benefit from
diversion; e. whether the available diversion program is appropriate to the needs of the defendant; f. the impact of the diversion of the defendant upon the community; g. recommendations, if any, of the involved law enforcement agency; h. recommendations, if any, of the victim; i. provisions for restitution; and j. any mitigating circumstances.