Statutes | Mashantucket Pequot Tribal Law Title 2, Chapter 6 ยง 3 | 2018
a. Establishment. The Tribal Council further authorized the establishment of the position of PTI program director whose compensation shall be set by the Tribal Council, and whose duties shall include the following:
(1) establish appropriate forms and applications for applicants to the PTI program
(2) maintain all records of the PTI program
(3) review and investigate information submitted by PTI applicants
(4) make determinations for PTI acceptance or denial consistent with this PTI Law and the attendant guidelines
(5) maintain the PTI Registry
(6) interact with the Tribal PTI Commission in their review of PTI applications and applicant performance of PTI duties
(7) interact with the Tribal Council and office of the tribal prosecutor in the review of PTI applications and
(8) maintain records of PTI performance by persons accepted for enrollment.
b. Procedures. The PTI program shall utilize the following operational system:
(1) The chief judge of the tribal court shall designate a judge to act on all matters pertaining to the PTI program
(2) In order to facilitate the operation of the PTI program, the tribal court shall adopt guidelines that are consistent with the spirit, intent and terms of this Law. Such guidelines shall prescribe the method and criteria for filing PTI applications pursuant to this Law. No interpretations of such guidelines shall be inconsistent with the terms of this Law
(3) If a defendant's application for PTI is approved by the program director and consented to by the tribal prosecutor, prior to the submission to the tribal court, the program director shall notify the tribal PTI Commission of such preliminary acceptance. The program director shall then recommend to the tribal PTI Commission, a course of rehabilitative activity for each accepted defendant. Such rehabilitative activity may include, but is not limited to, the following:
(a) drug/alcohol abuse evaluation in order to determine if the defendant is appropriate for the program. Defendants determined to be substance abusers will not be eligible for the PTI Program, but may be eligible for the Healing Journey Program.
(b) community service consistent with PTI Guidelines to be established by the tribal court
(c) reasonable restitution or other remedial action to victims of the defendant's criminal offenses including the tribal community as a whole and
(d) any other rehabilitative directive that fairly balances the harm to the victim(s) with the goal of rehabilitation.
(4) After the tribal PTI Commission's receipt and review of the program director's recommendations, the following procedure shall occur:
(a) The tribal PTI Commission shall then schedule a meeting with the PTI program director and the applicant. At the meeting, the defendant's charges and recommended PTI rehabilitative activities shall be discussed. The tribal PTI Commission shall first determine if the program director's recommended rehabilitative plan is sufficient to achieve the Tribe's goals for rehabilitation. The tribal PTI Commission may, on its own motion, supplement or modify the recommended treatment, duties and/or responsibilities assigned to applicant.
(b) After a thorough discussion of the rehabilitative plan, the PTI applicant shall indicate his acceptance or rejection, in writing, of the terms and conditions of said plan. If the applicant accepts the PTI requirements of the plan, the program director shall transmit to the tribal court, the PTI program's recommendation for the applicant's acceptance and written confirmation of the tribal prosecutor's consent thereto. The program director shall also transmit the recommended rehabilitative action plan submitted to the PTI program and the tribal PTI Commission. If the court approves the applicant's PTI enrollment, the tribal court shall accept the rehabilitative recommendations and may modify or supplement such recommendations only if their implementation would constitute a clear abuse of the goals and objectives of the PTI program.
(c) If the applicant rejects the proposed rehabilitative plan, the applicant shall be ineligible for continued PTI consideration and a recommendation shall be made to the tribal court consistent with 2 M.P.T.L. ch. 6, § 3(b)(6)(c). If the applicant initially accepts the rehabilitative program and thereafter refuses to satisfy the established criteria, the applicant shall also be subject to the termination pursuant to 2 M.P.T.L. ch. 6, § 3(b)(6)(c).
(5) Where a defendant charged with a criminal offense has been accepted by the program the designated judge may, on recommendation of the PTI program director, and with the consent of the tribal prosecutor and the defendant, postpone all further proceedings against said defendant on such charges for a period not to exceed one year.
(6) At the conclusion of such one year period, the designated judge shall make one of the following dispositions:
(a) On recommendation of the PTI program director and with the consent of the tribal prosecutor and the defendant, dismiss the complaint against the defendant, such dismissal to be designated and titled "complaint dismissed&mdashPTI successfully completed"
(b) On recommendation of the PTI program director and with the consent of the tribal prosecutor and the defendant, further postpone all proceedings against such defendant on such charges for an additional period not to exceed one year
(c) On the written recommendation of the PTI program director, or the tribal prosecutor, or on the court's own motion, order the prosecution of the defendant to proceed in the ordinary course. Where a recommendation for such an order is made by the PTI program director or by the tribal prosecutor, such person shall, before submitting such recommendation to the designated judge, provide the defendant or their attorney with a copy of such recommendation, shall advise the defendant of their opportunity to be heard thereon and the designated judge shall afford the defendant such a hearing
(d) During the conduct of hearings subsequent to an order returning the defendant to prosecution in the ordinary course, no PTI program records, PTI investigative reports, or any statements made by the defendant to the PTI program staff, the PTI Commission, or any person designated to provide supervisory or rehabilitative treatment, shall be admissible in evidence against such defendant. No such hearing with respect to such defendant shall be conducted by the designated judge who issues the order returning the defendant to prosecution in the ordinary course
(e) No PTI program records, PTI investigative reports of statements made by the defendant to the PTI program staff, the PTI Commission, or to any person designated to provide supervisory or rehabilitative treatment, shall be disclosed at any time to the prosecutor, nor shall any such statement of disclosure be admitted as evidence in any civil or criminal proceeding against the participant, provided that the program director shall not be prevented from informing the prosecutor, or the court, upon request or otherwise, whether the participant is satisfactorily responding to supervisory treatment
(f) Where proceedings have been postponed against a defendant for a second period of one year as provided in PTI law section 3(b)(6)(b) at the conclusion of such additional period not to exceed one year, the designated judge may not postpone the proceeding but shall make a disposition in accordance with the PTI law section 3(b)(6)(a) or section 3(b)(6)(c). The aggregate of postponement periods under this Rule shall not exceed two years
(g) The PTI program director in conjunction with the tribal clerk, shall establish and maintain a PTI registry for the purpose of determining applications, enrollments and the degree of completion thereof by a defendant in the PTI program. The PTI registry shall contain such information and material as directed by the tribal court
(h) When a program director or tribal prosecutor, either individually or jointly reject an application for participation in the PTI program, the defendant shall have a right to appeal from such enrollment denial to the designated judge. The burden to establish eligibility shall be on the defendant. In addition thereto, the defendant also must show that the PTI enrollment denial by either the program director and/or tribal prosecutor was an arbitrary and capricious action. If such a showing is made, the judge may order the enrollment of the defendant into the PTI program. If such showing is not made, the defendant shall be prosecuted in the ordinary course
Where a defendant has been approved for enrollment by both the PTI program director and the tribal prosecutor, the designated judge shall have authority to reject the defendant's enrollment if the interests of justice so requires. A decision by the designated judge to disregard the recommendations for enrollment and so exclude the defendant from the PTI process shall not be reviewable upon appeal.