Tribe: Muckleshoot Indian Tribe
7.09.030 Judicial Diversion.
a) If the court finds that there is probable cause to believe the juvenile has committed a delinquent act, the court in its discretion may dismiss the delinquency petition without prejudice, if the court after considering all relevant factors, as set forth at Section 7.09.040(b) and the recommendation of the probation officer, finds that:
1) The interests of both the juvenile and the community may be adequately addressed through one or more of the diversion options set forth in Section 7.06.070;
2) The juvenile, after consulting with and being advised by counsel, is willing to participate in an informal conference pursuant to Section 7.06.020; and
3) Either of the following conditions is met:
i. Prior to the filing of the delinquency petition, the juvenile did not enter into a diversion agreement pursuant to Section 7.06.060; or
ii. Notwithstanding the failure of a previous diversion agreement, the court finds reason to believe that further efforts to divert the case may be successful.
b) Following the dismissal of a delinquency petition under subsection (a):
1) The probation officer may enter into a written diversion agreement with the juvenile and the juvenile’s parent(s) pursuant to Section 7.06.060; and
2) The prosecutor may re-file the delinquency petition in accordance if:
i. The juvenile and the juvenile’s parent(s) do not enter voluntarily into a diversion agreement; or
ii. The juvenile or the juvenile’s parent(s) do not fulfill the conditions of the diversion agreement.
c) Entry into judicial diversion shall toll the statute of limitations.
Read Full Text of Muckleshoot Tribal Code. Title 7 Juvenile Delinquency Code. 7.09.030 Judicial Diversion.