Tribe: Grand Traverse Band of Ottawa and Chippewa Indians
§ 415 – Diversion (a) The Tribal prosecutor, with the concurrence of the Tribe’s juvenile probation officer, and the Peacemaker coordinator, may choose to divert the juvenile rather than initiate a juvenile offender proceeding. (b) The Tribal prosecutor, the Tribal juvenile probation officer, and the Peacemaker coordinator may hold an informal conference with the juvenile and the juvenile’s parent(s), guardian or custodian to discuss alternatives to the filing of a petition if: (1) The admitted facts bring the case within the jurisdiction of the Court; (2) A diversion of the matter would be in the best interests of the juvenile and the Tribe; and (3) The juvenile’s parent(s), guardian or custodian voluntarily consent to the diversion conference after they have received an explanation of their rights. (c) This Section does not authorize the Tribal prosecutor to compel involuntary action of the parties involved. (d) The Tribal prosecutor, with the concurrence of the juvenile probation officer and the Peacemaker coordinator, shall set forth in writing the conference findings and the disposition agreed to by the parties. (e) Any disposition arranged through the diversion procedure of this Section shall be concluded within six (6) months unless an extension is agreed to by all parties. (f) The Tribe’s juvenile probation officer shall monitor the progress of the juvenile. If at any time after thirty (30) days the juvenile probation officer concludes that positive results are not being achieved, the juvenile probation officer shall recommend that the presenting officer file a petition pursuant to § 408(b) of this Code. (g) No statement made during the diversion process may later be admitted into evidence at a trial or any other proceeding against the juvenile under this Code. (h) Upon successful completion of the diversion, the Tribe’s juvenile probation officer will notify the Tribal prosecutor and no further action will be required.
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