Statutes | The Confederated Salish and Kootenai Tribal Law Code Title II Chapter 2 Part 7 ยง 2-2-703 | 2019

(1) A defendant shall enter a plea of guilty, not guilty, or, if the judge agrees, no contest, to all charges each charge contained in the complaint.  A plea of no contest may be accepted by a judge only after due consideration of the views of the parties and interest of the Tribes in the effective administration of justice.

(2) The court may not accept a plea of guilty or no contest without first determining:  

   (a) that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement.  The court shall also inquire as to whether the defendants willingness to plead guilty results from prior discussions between the prosecutor and the defendant or the defendants attorney

   (b) that the defendant understands the following:  (i) the nature of the charge for which the plea is offered, any mandatory minimum penalty, the maximum penalty, and, when applicable, that the court may require the defendant to make restitution to the victim  (ii) the defendant will be giving up his or her right to a trial

   (c) that if the defendant pleads guilty in fulfillment of a plea agreement, the court is not required to accept the terms of the agreement and that the defendant may not be entitled to withdraw the plea if the agreement is not accepted and

   (d) that, in charges for which imprisonment is a possible penalty, there is a factual basis for the plea.

(3) A defendant pleading not guilty must inform the judge at the time of arraignment if a jury trial is requested.

(4) If a defendant voluntarily enters a plea of guilty the judge may impose a sentence at that time or, on the courts own motion or the request of either party, schedule a sentencing hearing in order to allow sufficient time for the involved parties to obtain any information deemed necessary for the imposition of a just sentence.

(5) Prior to the imposition of any sentence, the judge shall allow the defendant an opportunity to inform the court of any extenuating or mitigating circumstances which should be considered by the court in imposing penalties.

(6)  With the approval of the court and the consent of the prosecutor, a defendant may enter a plea of guilty or no contest, reserving the right, on appeal from the judgment, to review the adverse determination of any specified pretrial motion.  If the defendant prevails on appeal, the defendant  must be allowed to withdraw the plea.  

(Rev. 1-27-00)