CHAPTER 27-1
SHORT TITLE, PURPOSE AND DEFINITIONS
27-1-1 Short Title.
Title 27 shall be known as the Juvenile Offender Code.
27-1-2 Purpose.
The Juvenile Offender Code shall be liberally interpreted and construed to fulfill the following expressed purposes:
(A) To recognize that young people are the Prairie Band Potawatomi Nation’s (hereinafter “Nation”) most valuable resource.
(B) To protect the peace, safety and security of the Nation and its community members.
(C) To secure for each juvenile before the Court the guidance and restorative justice that is in the best interests of the juvenile and local community and that is consistent with the customs, cultural values and laws of the Nation.
(D) To address offenses committed by juveniles and to clearly set forth the disposition options for those offenses, including providing the least restrictive setting.
(E) To implement judicial and other procedures that provide due process and fairness to all parties.
(F) To establish a forum where a juvenile charged with an offense in another jurisdiction may be referred or transferred upon request.
(G) Whenever possible, to preserve and retain the unity of the family.
27-1-3 Definitions.
As used in this Title,
(A) “Adult”: A person who is eighteen (18) years of age or older.
(B) “Alcohol or Substance Abuse Emergency or Treatment Facility”: An appropriately licensed and supervised emergency or treatment center.
(C) “Best Interests of the Juvenile”: Includes the capacity and circumstances of the juvenile and the capacity and circumstances of the parent or residential custodian of the juvenile, with the ultimate safety and well-being of the juvenile as the paramount concern.
(D) “Court”: The District Court of the Nation, which includes an adult division and a juvenile division.
(E) “Court Services Officer”: A person who performs duties and responsibilities within the Court and serves juveniles and adults within the judicial system.
(F) “Detention”: The temporary detainment of a juvenile in a physically restrictive facility pending Court disposition or Court order for placement or commitment.
(G) “Developmental Disability”: A disability attributable to mental retardation, cerebral palsy, epilepsy, autism or a neurological impairment, which may have originated in the first eighteen (18) years of life and can be expected to continue indefinitely, and which constitutes a substantial handicap.
(H) “Dispositional Hearing”: A hearing held after an adjudicatory hearing at which the Court determines the disposition of the case, including placement, probation and associated conditions and/or treatment, which provides for restorative justice and community safety.
(I) “Domicile”: A person’s permanent home, legal home or primary residence.
(J) “Intake Officer”: A person who conducts the juvenile intake and assessment process.
(K) “Juvenile”: A person who is ten (10) or more years of age but less than eighteen (18) years of age.
(L) “Juvenile Detention Facility”: A secure public or private facility, not a jail, used for the lawful custody of accused or adjudicated juvenile offenders.
(M) “Juvenile Division” or “Juvenile Court”: The division of the District Court that hears juvenile matters.
(N) “Juvenile Offender”: A juvenile who is adjudicated of violating tribal law.
(O) “Juvenile Prosecutor”: The presenting officer of the juvenile division who represents the interests of the Nation.
(P) “Juvenile Residential Facility”: A licensed or approved home, foster home or facility that provides care for juveniles.
(Q) “Law Enforcement Officer”: An officer of the Nation’s police department.
(R) “Parent”: A biological parent, guardian, custodian, conservator and other person who is by law liable to maintain, care for or support a juvenile.
(S) “Probation”: A legal status in which a juvenile offender is under the supervision of the juvenile division.
(T) “Restitution”: An act of restorative justice that includes, but is not limited to, the following: an apology, repair of property, replacement of property and financial or such other type of reimbursement subject to the discretion of the Court.
(U) “Special Advocate”: An adult who is appointed at the discretion of the Court to represent the best interests of the juvenile in a proceeding pursuant to this Title, and who is not the attorney for the juvenile.