Tribe: Suquamish Indian Tribe of the Port Madison Reservation
§8.6.11 Youth Diversion. (a) A youth is eligible for a maximum of two (2) diversions, except by special order of the Tribal Court. Any subsequent delinquent acts or status offenses will be prosecuted. A single diversion may encompass multiple offenses that are closely connected in time or circumstances.
(b) In the case of an individual eligible for a diversion, the diversion petition may accompany the youth offender complaint or may be filed at a subsequent time prior to adjudication.
(c) Contents of Petition. The petition for diversion shall contain the following:
(1) The name, age, and tribal status of the youth.
(2) The youth’s date of birth.
(3) The name of the youth’s parents, guardians, and/or custodians, if known.
(4) Factual allegations setting forth a prima facie case that a delinquent act or status offense was committed by the youth within the territorial jurisdiction of the Court. The requirements of this section may be met by reference to the complaint, provided that the body of the complaint meets the requirements of this section.
(5) A statement that, in the event the diversion is terminated, the investigative reports leading to the filing of the complaint are admissible as evidence against the youth.
(6) Recommendations regarding conditions of the diversion.
(7) The diversion petition shall be signed by the youth, the youth’s parent or guardian, the probation/diversion officer, and the prosecutor. The Court will review the petition and decide whether to grant it.
(d) Certain crimes, even if committed by first-time offenders, will not be diverted. These crimes include:
(1) Sexual offenses (STC Chapter 7.17 and §7.11.2);
(2) All felonies or violent or assaultive behavior;
(3) Desecration of religious sites (STC §7.7.10);
(4) Tampering with physical evidence (STC §7.13.15); and
(5) Firearm offenses (STC Chapter 7.19).
(e) If the youth does not successfully complete his or her diversion, the tribal prosecutor shall file a motion for termination of the diversion and a remand for adjudication. Such motion shall contain a notice to the youth that he or she has the right to request appointment of counsel.
(f) Challenge to Finding of Violation. Within thirty (30) days of service of a notice of termination, the Court shall conduct a hearing on the motion. If, after full opportunity for all parties to be heard, the Court finds that the youth has complied with the terms of the diversion petition, the Court shall enter an order denying the motion for termination.