Statutes | Makah Tribal Law and Order Code Title 6 Chapter 4 ยง 6.4.01 | 2020

  • A juvenile shall be detained in a secure juvenile detention facility located on the Reservation and approved by the Tribe only if one or more of the following conditions are met:
  1. The juvenile is a fugitive from another jurisdiction wanted for an offense that would be a felony if committed by an adult in that jurisdiction or

  2. The juvenile is charged with murder, sexual assault, or a crime of violence with a deadly weapon or which has resulted in serious bodily injury or

  3. The juvenile is uncontrollable and has committed a serious physical assault on the arresting officer or on other security personnel during arrest or detention pursuant to this charge or

  4. The juvenile is charged with committing one of the following acts which would be an offense if committed by an adult: battery

    (5.1.02 ML&O), vehicular homicide (5.1.04 ML&O), abduction
    (5.l.05 ML&O), rape (5.1.07 ML&O), arson (5.1.10 ML&O), burglary
    (5.1.11 ML&O) or robbery (5.1.12 ML&O).

b.   A juvenile may be detained in a secure juvenile detention facility located on the Reservation and approved by the Tribe if the juvenile is charged with committing one of the following acts which would be an offense if committed by an adult: criminal mischief (5.2.07 ML&O), resisting lawful arrest (5.2.06 ML&O), indecent liberties (5.1.08 ML&O) obstructing justice (5.1.11 ML&O) and one or more of the following conditions are met:

  1. The juvenile is already detained or on conditioned release in connection with another delinquency proceeding or

  2. The juvenile has a demonstrated record of willful failures to appear at juvenile court proceedings or

  3. The juvenile has made an escape attempt and there is reasonable cause to believe the minor will run away or otherwise make himself unavailable for further proceedings or

  4. There is reasonable cause to believe the minor will commit a serious act causing injury or damage to person or property.

c.    Under no circumstances shall a minor be detained under this Code in an adult jail or lockup outside the boundaries of the Makah Indian Reservation.