Tribe: Spirit Lake Tribe
23-6-108 DIVERSION AGREEMENTS. (A) Prior to the Initial Appearance, the Juvenile Presenter, Prosecutor or Juvenile Intake Officer may divert any juvenile’s case, except a case alleging drug trafficking, human trafficking, or physical violence, including but not limited to dating violence or sexual abuse, from the Court process. (B) Diversion shall be made by entering into a contract with the child, the parents, guardian or custodian whereby all agree to undergo a specified diversionary program, plan of conduct or treatment. Diversion may include an agreement to do or refrain from doing certain acts. (C) The Juvenile Presenter, Prosecutor or Juvenile Intake Officer shall agree not to proceed with the petition in the case so long as the child, parents, guardian or custodian comply with the contract. (D) Should the child fail to successfully complete the diversionary program, plan of conduct or treatment, the Juvenile Presenter, Prosecutor or Juvenile Intake Officer may proceed with the petition in Court. (E) Each contract shall contain: (1) The specified facts or allegations, including dates that gave rise to the filing of the petition. (2) Any diversionary programs the child, parent, guardian or custodian agree to complete successfully and the duration. (3) Any treatment programs the child, parent, guardian or custodian agree to complete successfully and the duration. (4) The specific tasks which the child, the parent, guardian or custodian agree to do or refrain from doing. (5) A fixed, limited time for the contract not to exceed one year. (6) A waiver of any statute of limitations or adjudication deadlines specified by Law and Order Code. (7) That the Juvenile Presenter, Prosecutor or Juvenile Intake Officer shall not pursue the petition that is the subject of the contract if the child, parent, guardian or custodian comply with each of the contract terms for the full terms of the contract. (8) That each party has received a copy of the contract. 23-6-109 RECORD OF SUCCESSFUL DIVERSION. (A) If the parties participating in a diversion contract successfully complete the terms of the contract, the Juvenile Presenter, Prosecutor or Juvenile Intake Officer shall dismiss the petition that was the subject of the diversion contract and no such record shall be entered on the child’s record. 23-6-110 DIVERSION CONTRACTS ADMISSIBLE. The diversion contract and any statements or admissions of the parties made in negotiating or fulfilling the terms of the contract are admissible as evidence.
Read Full Text of Title 23, §§ 23-6-108 to 23-6-110