Tribe: Confederated Tribes of the Colville Reservation
5-2-191 Investigation by Probation Officer.
The probation officer shall make an investigation within three (3) days of the custody hearing or the
release of the minor to his parent, guardian or custodian to detennine whether the interests of the minor
and the public require that further action be taken. Upon the basis of his investigation, the probation
officer shall:
(a) Recommend that no further action be taken; or
(b) Refer the matter to the Peacemaking Circle.
5-2-192 Peacemaking Circle.
(a) The probation officer shall refer all cases in which a minor is involved under this Chapter to the
Colville Tribal Peacemaking Circle.
(b) Notice of the date, time and place of the Peacemaking Circle shall be given to the minor and his
parent, guardian or custodian and their counsel as soon as the time for the hearing has been established.
5-2-193 Peacemaking Circle—Evidence.
No statement made or evidence received during the Peacemaking Circle may be admitted into evidence
at an adjudicatory hearing or any proceeding against the minor under this Chapter.
5-2-194 Peacemaking Circle—Disposition.
At the Peacemaking Circle, the peacemakers have the authority to:
(a) Refer the minor and the parent, guardian or custodian to a community agency for needed assistance;
(b) Order terms of supervision calculated to assist and benefit the minor which regulate the minor’s
activities and which are within the ability of the minor to perform;
(c) Accept an offer ofrestitution if voluntarily made by the minor;
( d) Request that the Court enforce any agreement entered into between the parties in the Peacemaking
Circle;
( e) Recommend that the prosecuting attorney file a petition pursuant to this Chapter; or
(f) Order any other remedy the Peacemaker deems just, including any traditional remedy.
5-2-195 Peacemaking Circle—Post Disposition.
The probation officer shall set forth in writing the conclusions reached at the informal hearing and the
disposition agreed to by the parties for remedying the situation. The probation officer shall review the
minor’s progress every thirty (30) days. If, at any time after the initial thirty (30) day period, the officer
concludes that positive results are not being achieved, the officer shall request that the Peacemaking
Circle reconvene.
5-2-197 Setting of Hearing.
Upon receipt of the petition, the Juvenile Court shall set a date for the hearing which shall not be more
than twenty (20) days after the Juvenile Court receives the petition from the prosecuting attorney. In all
cases were the Peacemaking Circle has not been attempted the Juvenile Court shall immediately refer the
matter to a Peacemaking Circle upon receipt of the petition.
(a) The hearing is continued upon motion of the minor;
(b) The hearing is continued upon motion of the prosecuting attorney by reason of the unavailability of
material evidence or witnesses and the Juvenile Comi finds the presenting officer has exercised due
diligence to obtain the material or evidence and reasonable grounds exist to believe that the material or
evidence will become available; or
( c) The hearing is continued upon the written recommendation of the Peacemaking Circle that there is
good cause and that continuing the adjudicatory hearing is in the best interest of the minor as well as the
community.