Tribe: Pueblo of Acoma
4-5-16 Disposition of an adjudicated delinquent offender A. At the conclusion of the dispositional hearing, the Court may make
and include in the dispositional judgment its findings on the
following: 1.
2.
3.
4.
5.
6.
the interaction and interrelationship of the child with the
child’s parent[(s)], siblings, and any other person who may
significantly affect the child’s best interests;
the child’s adjustment to the child’s home, school and
community;
the mental and physical health of all individuals involved,
including consideration of such factors as the child’s brain
development, maturity, trauma history and disability;
the wishes of the child as to the child’s custodian;
the wishes of the child’s parent[(s)] as to the child’s custody;
whether there exists a relative of the child or other individual
who, after study by the JPO, is found to be qualified to
receive and care for the child; 7.
the availability of services recommended in the
predisposition report; and
8.
B.
the ability of the parent[(s)] to care for the child in the home.
If a child is found to be delinquent, the Court may impose a fine not
to exceed the fine that could be imposed if the child were an adult
and may enter its judgment making any of the following dispositions
for the supervision, care and rehabilitation of the child:
1.
commit the child and transfer legal custody to an agency
responsible for the care and rehabilitation of delinquent
children, the judge may include recommendations for
placement of the child. The types of commitments include:
a.
b.
c.
a short-term commitment of one (1) year in a facility
for
the care and rehabilitation of adjudicated
delinquent children. No more than nine (9) months
shall be served at the facility and no less than ninety
(90) days shall be served on supervised release,
unless:
i.
ii.
iii.
a petition to extend the commitment has been
filed prior to the commencement of supervised
release;
the commitment has been extended pursuant
to [this Chapter]; or
supervised release is revoked pursuant to [this
Chapter];
a long-term commitment for no more than two [(2)]
years in a facility for the care and rehabilitation of
adjudicated delinquent children. No more than twenty
one [(21)] months shall be served at the facility and
no less than ninety [(90)] days shall be served on
supervised release, unless: 1) supervised release is
revoked; or 2) the commitment is extended [pursuant
to this Chapter];
if the child is a delinquent offender who committed
one of the criminal offenses set forth in §4-2-3 (BY) or
(CJ) [of this Title], a commitment to age twenty-one
(21), unless sooner discharged; or d.
2.
if the child is a youthful offender, a commitment to age
twenty-one (21), unless sooner discharged;
place the child on probation under those conditions and
limitations as the Court may prescribe;
3.
4.
C.
place the child in a local detention facility that has been
certified in accordance with [this Chapter] for a period not to
exceed fifteen (15) days unless good cause shown; or if a
child is found to be delinquent solely on the basis of §4-2
3(AB), the Court shall only enter a judgment placing the child
on probation or ordering restitution or imposing a fine not to
exceed the fine that could be imposed if the child were an
adult or any combination of these dispositions; or
if a child is found to be delinquent solely on the basis of §4
2-3(AB)(2),(3), and (4), the Court may make any disposition
provided by this section and may enter its judgment placing
the child on probation and, as a condition of probation,
transfer custody of the child for a period not to exceed six (6)
months without further order of the Court to a treatment
facility; provided that this transfer shall not be made unless
the Court first determines that the treatment facility is able to
provide adequate and appropriate treatment for the child and
that the treatment is likely to be beneficial.
A child’s cultural needs shall be considered in the dispositional
judgment and reasonable access to cultural practices and
traditional treatment shall be provided.
D.
E.
F.
A child found to be delinquent shall not be committed or transferred
to a penal institution or other facility used for the execution of
sentences of adults convicted of crimes.
Whenever the Court vests legal custody in an agency, institution or
department, it shall transmit with the dispositional judgment copies
of the clinical reports, predisposition study and report and other
information it has pertinent to the care and treatment of the child.
In addition to any other disposition pursuant to Subsection B of this
Section, the Court may report [child maltreatment] for investigation
and proceedings as provided for in Chapter 4 of this Title . The
report may be made to a PASS or Acoma [peace officers] for an child residing within the exterior boundaries of the Pueblo of
Acoma. G. In addition to any other disposition pursuant to this section or any
other penalty provided by law, if a child fifteen (15) years of age or
older is adjudicated delinquent on the basis of [§ 4-2-3(AB)(1), the
child’s driving privileges may be denied or the child’s driver’s
license may be revoked for a period of ninety (90) days. For a
second or a subsequent adjudication, the child’s driving privileges
may be denied or the child’s driver’s license revoked for a period of
one (1) year. Nothing in this section may prohibit the delinquent
from applying for a limited driving privilege or an ignition interlock
license, and nothing in this Section precludes the delinquent’s
participation in an appropriate educational, counseling or
rehabilitation program. H. In addition to any other disposition pursuant to this section or any
other penalty provided by law, when a child is adjudicated
delinquent on the basis of §§6-6-1, 6-6-2, 6-20-18 or 6-20-21 the
child shall perform the mandatory community service preferably for
service the Tribal Sheriffs deem necessary. When a child fails to
completely perform the mandatory community service, the
parent[(s)] or legal guardian may be held accountable for the
required community service and if deemed necessary by the Court,
sanctioned for contempt and/or turned over to the Tribal Sheriffs
[pursuant to §1-1-5 of Acoma Laws, 2003 as amended].