Tribe: Makah Indian Tribe of the Makah Indian Reservation
§ 2.8.01 Request Upon arraignment in Tribal Court, a person charged with an offense may request the
Court to consider a deferred prosecution program. The request shall allege that the wrongful
conduct charged is the result of or caused by alcohol problems, drug problems, or mental
problems for which the person is in need of treatment. The request shall also include a case
history of the person supporting the allegations. […] § 2.8.03 Review of Plan by Court If the report recommends treatment, the Court shall examine the plan. If the Court
approves the plan and the defendant agrees to comply with its terms and conditions, the Court
shall note on the Court docket that the person has been accepted for deferred prosecution. If
treatment is either not recommended or not approved by the Tribal Court judge, or the defendant
declines to accept the treatment plan, the defendant shall be arraigned on the charge. Evidence
pertaining to or resulting from the request or the investigation is inadmissible at trial but may be
available for use after a conviction in determining a sentence.