Tribe: Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation
3.6.900
DISPOSITION OF PETITION The Prosecutor shall make an investigation within twenty (20) days of the filing of the
petition to determine whether or not the interests of the juvenile and the Tribe require that
further action be taken. Upon the basis of his investigation, the Prosecutor shall:
A.
File a dismissal; B.
C.
Enter into a Consent Decree with the juvenile;
Recommend to the Court that the matter be set for an informal conference,
mediation or conflict resolution meeting attended by the law enforcement officer, the juvenile
probation officer, the alleged juvenile offender, the parent(s), guardian(s) or custodian(s) of
the juvenile, counsel for the juvenile if requested by the juvenile or parents, and, if
appropriate, the Director of Social Services; or D. Proceed with adjudication. […] 3.6.906
A.
Informal Disposition
Informal Resolution. During the course of the preliminary investigation to
determine what further action shall be taken, the Prosecutor or Social Services if appropriate,
shall determine whether or not referral of the matter by the Court for an informal resolution
would be in the best interests of the juvenile and the Tribe.
B.
Factors Supporting Informal Resolution. In advising the Court, the Prosecutor
shall consider the following factors in determining whether or not to proceed informally or to
adjudicate the petition: 1. Nature and seriousness of the offense; 2. Previous number of contacts with the police, prosecutor, or the Court; 3. Age and maturity of the juvenile; 4. Attitude of the juvenile regarding the offense; 5.
Willingness of the juvenile to participate in a voluntary program; and 6. Participation and input from the juvenile’s parent, guardian or custodian. C. Recommendation of Informal Resolution. The Prosecutor shall advise the Court
that informal disposition is possible at the Probable Cause hearing and the Court shall order
that an informal conference be held with all relevant parties in attendance before any
dispositional hearing shall be held.
D.
Informal Conference. II relevant parties shall meet at the informal conference,
including the juvenile, the juvenile’s parents, guardian or custodian, any law enforcement
officer or school official involved, the Juvenile Probation Officer, if appropriate, and a
representative of Social Services. 1. The Prosecutor shall inform the juvenile, the juvenile’s guardian or
custodian of their basic rights under § 3.6.604 of this Chapter.
Statements made by the juvenile at the informal conference shall not be
used against the juvenile in determining the truth of the allegations
contained in the petition. 2. At the informal conference, on the basis of the information obtained
during the preliminary investigation and the conference, the Tribal
Prosecutor may enter into a written agreement with the juvenile and the
juvenile’s parent, guardian or custodian specifying particular conditions to
be observed during an informal resolution period not to exceed nine (9)
months. The juvenile and the juvenile’s parent, guardian or custodian
shall enter into the agreement with the knowledge that consent is
voluntary and that they may terminate the resolution period at any time
and petition the Court for a hearing on the case. 3. The juvenile shall be permitted to be represented by counsel at the
informal conference. 4. If the juvenile does not desire to participate voluntarily in a diversion
program, the Prosecutor shall recommend that the petition proceed to
adjudication. 5. Upon successful completion of the informal resolution agreement, the
case shall be closed and no further action taken in the case. 6. If the juvenile fails to complete the terms of his informal resolution
agreement successfully, the Prosecutor may recommend that the petition
proceed to adjudication.