Statutes | Mashantucket Pequot Tribal Law Title 2, Chapter 7 Guideline 2 | 2018
a. In evaluating a defendant's application for participation in the PTI program, consideration shall be given to the criteria set forth below:
(1) the nature of the offense
(2) the facts of the case
(3) the motivation and age of the defendant
(4) the desire of the complainant or victim to forego prosecution
(5) the existence of personal problems and character traits which may be related to the applicant's crime and for which services are unavailable within the criminal justice system, or which may be provided more effectively through supervisory treatment and the probability that the causes of criminal behavior can be controlled by proper treatment
(6) the likelihood that the applicant's crime is related to a condition or situation that would be conducive to a change through his participation in supervisory treatment
(7) the needs and interests of the victim, Tribe and society
(8) the extent to which the applicant's crime constitutes part of a continuing pattern of anti-social behavior
(9) the applicant's records of criminal and penal violations and the extent to which he may present a substantial danger to others
(10) whether or not the crime is of an assaultive or violent nature, whether in the criminal act itself or in the possible injurious consequences of such behavior
(11) consideration of whether or not prosecution would exacerbate the social problem that led to the applicant's criminal act
(12) the history of the use of physical violence toward others
(13) whether or not the crime is of such nature that the value of supervisory treatment would be outweighed by the Tribe's need for prosecution
(14) whether or not the applicant's involvement with other people in the crime charged or in other crime is such that the interest of the Tribe would be best served by processing his case through traditional criminal justice system procedures
(15) whether or not applicant's participant in PTI will adversely affect the prosecution of a co-defendant and
(16) whether or not the harm done to society by abandoning criminal prosecution would outweigh the benefits to society from channeling an offender into a supervisory treatment program.
b. In addition, the following shall be considered together thereto, with other relevant circumstances:
(1) Age&mdashPTI is designed to deal only with adult defendants who, in accordance with tribal law, are those persons above the age of 18
(2) Residence&mdashThe Mashantucket Pequot PTI program is designed to deal with the problem of crime in tribal lands
(3) Jurisdiction&mdashOnly defendants charged with criminal offenses in the Mashantucket Pequot Tribal Criminal Court may be enrolled in the PTI program
(4) Minor Violations&mdashDefendants should not be eligible for enrollment if the likely disposition would result in a suspended sentence without probation or a fine. Those charged with animal control law, health code, motor vehicle and other similar violations are not eligible
(5) Prior Record of Conviction&mdashWhile the PTI program is not limited to "first offenders", defendants who have been previously convicted of a criminal offense should ordinarily be excluded. Such defendants who have at any prior time been convicted of a violent crime or who irrespective of the type of the crime have completed a term of probation, incarceration or parole within five years prior to the date of application for diversion shall ordinarily not be considered for enrollment in PTI except on joint application by the defendant and the prosecutor. Defendants charged with more than one offense may be considered for enrollment
(6) Parolees and Probationers&mdashDefendants who at the time of arrest, are probationers or parolees, should be considered for enrollment only after consultation with the probation officer, and only after they have agreed that revocation of probation or parole need not be recommended or after the tribal court has made the decision not to revoke probation or parole
(7) Defendants Previously Diverted&mdashSupervisory treatment may occur only once with respect to any defendant who has previously been enrolled in a program of PTI. All applications for enrollment in the PTI program must proceed in accordance with the PTI Law and the rules of the tribal court, and these guidelines after reference to the PTI registry established pursuant to the Law. No order to expunge or seal records of arrest after dismissal of a complaint shall bar the retention of material and information in the PTI registry for the purposes of determining a defendant's prior applications to, enrollments in, and the degree of completion of a PTI program or for statistical reports.
(8) Assessment of the Nature of the Offense&mdashAny defendant charged with an offense not deemed minor is eligible for enrollment in a PTI program, but the nature of the offense is a factor to be considered in reviewing the application. If the crime was:
(a) part of organized criminal activity or
(b) part of a continuing criminal business or enterprise or
(c) deliberately committed with violence or threat of violence against another person or
(d) a breach of the tribal or public trust where admission to a PTI program would depreciate the seriousness of a defendant's crime, the defendant's application should generally be rejected
(9) Co-Defendants&mdashThe impact of diversion on the prosecution of co-defendants is a factor to be considered
(10) Restitution and Community Service&mdashA restitution or community service requirement, or both, may be included as part of an individual's service plan when such a requirement promises to aid the rehabilitation of the offender. Any such requirement and its terms shall be judicially determined at the time of enrollment following recommendation by the program director and/or tribal PTI Commission, and with consent by the prosecutor. Evidence of the restitution condition is not admissible against a defendant in any subsequent civil or criminal proceeding. Admission to the program shall not be denied solely on the basis of anticipated inability to meet a restitution requirement. Where appropriate to further rehabilitation, a symbolic or partial restitution requirement may be included in the service.