Statutes | Winnebago Tribal Code Title 3 Article 12 ยง 3-1214 | 2019
The Tribal prosecutor shall follow the following procedures for the prosecution of elder or vulnerable adult abuse, neglect or exploitation to ensure the effective prosecution of such crimes and the protection and safety of victims.
1. The Tribal prosecutor will implement a &ldquono drop&rdquo policy which prohibits victims from withdrawing charges.
2. The Tribal prosecutor will not offer diversion, deferred sentencing, or any other agreements not to prosecute to alleged perpetrators charged with crimes of elder or vulnerable adult abuse, neglect or exploitation.
3. No member of the prosecution office has the authority to order the release of an alleged perpetrator prior to the procedures described in Section 3-1215.
4. The Tribal prosecutor will not dismiss or reduce the charge in an elder or vulnerable abuse, neglect or exploitation case without prior consultation and review with the arresting officer and any case worker involved in the investigation despite a victim&rsquos desire to withdraw charges.
5. The Tribal prosecutor shall attempt to prepare the case so the victim is not required to act as the primary witness, except as a last resort. The Tribal prosecutor shall enlist any and all evidentiary avenues, including but not limited to photographs, other witnesses, excited utterances and other law enforcement testimony, medical records, and history of past abuse, in order to effectively prosecute the case. [TCR 15-133]