Statutes | Menominee Tribal Code Part II Chapter 278 Article XII ยง 278-167 | 2020
In lieu of filing a petition, the Prosecutor, the Department, the child and the parent(s), guardian(s) or caretaker(s) may enter into a deferred prosecution agreement and/or participate in a diversion program such program shall be monitored by the Department.
A.
The diversion agreement shall include the following:
(1)
The name, birth date, physical and mailing address of the child.
(2)
The name, physical and mailing addresses of parent(s), guardian(s), caretaker(s) and/or spouse, if any, of the child.
(3)
The name of the alleged offense.
(4)
The basic rights of the minor child.
(5)
The role of the Department in monitoring the deferred prosecution and/or diversion agreement.
(6)
Resources identified and sought for the child shall address the underlying problem related to the alleged delinquent act(s). Such resources may include, but are not limited to:
(a)
Peacemaking and cultural resources
(b)
Appropriate counseling and/or prevention programs
(c)
Career exploration/intervention and mentorship programs
(d)
Driver safety programs
(e)
AODA or other counseling programs
(f)
Youth leadership and development services
(g)
First offender and teen Court programs
(h)
Rehabilitation and support programs
(i)
Other diversionary or camp programs
(j)
Community service activities
(k)
Payment of restitution, if appropriate
(l)
Maintain school attendance, participate in a GED program or vocational education, including any other educational related services
(m)
Referral to community-based programs and services
(n)
A provision for tolling the filing of the petition
(o)
A provision for specified progress and review meetings with the parties to the deferred prosecution and/or diversion agreement.
B.
A childs participation in any deferred prosecution and/or diversion agreement shall:
C.
A child deemed to have committed a violent or serious act or is a habitual offender shall not be eligible for the deferred prosecution and/or diversion program.
D.
In the event of any violation of the deferred prosecution and/or diversion program, the Department shall refer the matter to the Prosecutor and a petition may be filed with the Court.