Tribe: Confederated Salish and Kootenai Tribes of the Flathead Reservation
2–2–810. Pretrial diversion.
(1)(a) At any time, the prosecutor and a defendant who has counsel or who has voluntarily waived counsel may agree to the deferral of a prosecution for a specified period of time based on one or more of the following conditions:
(i) that the defendant may not commit any offense;
(ii) that the defendant may not engage in specified activities, conduct, and associations bearing a relationship to the conduct upon which the charge against the defendant is based;
(iii) that the defendant shall participate in a supervised rehabilitation program, which may include treatment, counseling, training, or education;
(iv) that the defendant shall make restitution in a specified manner for harm or loss caused by the offense; or
(v) any other reasonable conditions, including voluntary exclusion from the reservation.
(b) The agreement must be in writing, must be signed by the parties, and must state that the defendant waives the right to speedy trial for the period of deferral. The agreement may include stipulations concerning the admissibility of evidence, specified testimony, or dispositions if the deferral of the prosecution is terminated and there is a trial on the charge.