Judge Diverts to Treatment or Rehabilitation Center

S.I.C. 8.2.1.020, and 8.2.1.120

Tribe: Pueblo of San Ildefonso

8.2.1.020 Complaint
(a) Any criminal complaint filed in the Court to be valid shall state the following facts:

(1) The name of the complaining witness, the name of the defendant and the statement whether the defendant is an Indian within the exterior boundaries of the Pueblo of San Ildefonso or on the other lands under the jurisdiction of the Pueblo of San Ildefonso.

(2) A short statement of the acts constituting the offense in ordinary language, including the alleged acts and the time and place of the acts, making reference to the section of the Criminal Offenses. If the acts constitute more than one offense, such offense should be state separately. Crimes may be charged using the language of this Code.

(3) The name of the Judge before whom the complaint was filed and the date of filing. A complaint shall be signed by the complaining witness and the Judge.

(4) Prior to the signing of any criminal complaint by the Judge involving a family dispute, the Judge may counsel with the parties, or refer them to someone designated by him as Peacemaker in an effort to resolve the dispute between the parties, according to the tradition and custom of the Pueblo of San Ildefonso, or the Judge may divert the offending party to an appropriate treatment or rehabilitation center if the facts warrant. […] 8.2.1.120 Arraignment Procedure
(a) At the arraignment:

(1) The complaint shall be read to the defendant who shall be properly identified.

(2) The Judge shall explain the offense and the penalties prescribed by this Code to the defendant and shall-determine that the defendant understands the nature of the charge and possible penalties.

(3) The Judge shall advise the defendant of his right to remain silent and that any statement made by the defendant may be used against the defendant and right at his own expense to the assistance of lay counsel or Professional attorney admitted to practice before the Court of the Pueblo of San Ildefonso and the right to a trial by jury, under the provisions of this Code.

(4) The Judge shall ask the defendant to plead as follows: guilty, not guilty or no contest. A plead of ‘no contest’ shall be interpreted by the Court for the purpose of sentencing in the same way as admission of guilt. If the defendant refuses or fails to plead, or if the Court does not accept the defendant’s plea of guilty, the Court shall direct the entry of a plea of not guilty on behalf of the defendant.

(5) The Judge shall be satisfied that any plea is made at the free will of the defendant.

(6) The Judge may defer any further action in the case and take the case under the advisement upon defendant’s agreement to enter a treatment or rehabilitation facility.

Read Full Text of S.I.C. 8.2.1.020, and 8.2.1.120