SKOKOMISH CRIMINAL CODE

SKOKOMISH CRIMINAL CODE

JUVENILE JUSTICE

9.12.010 Curfew

9.12.020 Notice

9.12.030 Rights of Minors

9.12.040 Hearings to be Closed - Parents’ Presence Required

9.12.050 Sentencing of Juvenile Defendants

9.12.010 Curfew

(a) It is unlawful for any person under the age of eighteen (18) years to be in any public place between the hours specified below:

Age Day Hours

14 & Under School Night 10 p.m. - 6 a.m.

Non-School Night 11 p.m. - 6 a.m.

15‑17 School Night 10 p.m. - 6 a.m.

Non-School Night 12 p.m. - 6 a.m.

(b) A minor is not in violation of curfew:

(1) When accompanied by a parent, legal guardian or custodian; or

(2) When going to or coming from employment or a regularly scheduled tribal, school or religious function and is proceeding directly to or from home by the nearest route.

(c) "Non-school night" means Friday and Saturday nights, or any weekday night when school will not be in session the following day (because of legal holiday or a regularly scheduled school recess).

"School night" means Sunday through Thursday nights, when school will be in session the following day.

"Public Place" includes streets, roadways and paths on the reservation, and tribal property, but does not include a private residence.

(d) A minor violating curfew may be taken into custody by tribal law enforcement. If they are unable to contact a parent, legal guardian or custodian, or if such persons are unable or unwilling to provide the necessary care and supervision for the minor, law enforcement may place the minor in juvenile detention or emergency shelter care.

(e) Violating curfew is a class C offense. A minor who violates curfew may also be made a delinquent ward of the Skokomish Tribal Youth Court.

(f) A court appearance is mandatory for curfew violations. The minor must be accompanied by a parent, legal guardian or custodian.

[Cross Reference Curfew, Section 9.06.080, and Notice, Section 9.12.020.]

9.12.020 Notice

In all proceedings in the Skokomish Tribal Court in which a juvenile is a defendant under this title, notice of the proceedings shall be given to the minor and his or her parent, guardian or custodian and to their attorney or spokesperson, if any, within the time limits prescribed.

9.12.030 Rights of Minors

Minors appearing before the Skokomish Tribal Court shall have all the legal rights that adults have under the same circumstances as well as any additional legal protections which may be provided under the laws of the Skokomish Indian Tribe, provided that, a minor has no right to a jury trial.

9.12.040 Hearings to be Closed - Parents' Presence Required

In all proceedings in the Skokomish Tribal Court under this title, and in all proceedings in which a juvenile is a defendant, hearings shall be closed to all persons other than the parties, their counsel and witnesses whose presence is allowed by the Court. The juvenile's parent, guardian or custodian shall be present at all such hearings unless his or her presence is waived by the Court upon a showing of good cause.

Court and law enforcement files on minors shall be confidential and shall be kept separate from the files of adults.

Records shall be made available only to:

(a) The minor and his or her spokesperson;

(b) The minor's parent, custodian or guardian; and

(d) The Tribe's counselors.

However, in the event a juvenile is required by law to be registered with the law enforcement official(s) of any jurisdiction, as a result of being convicted of any sex offense, then this section shall not apply.

9.12.050 Sentencing of Juvenile Defendants

In sentencing a defendant who is under the age of eighteen (18) years, the Court may impose one or more of the following sanctions in lieu of all or part of the fine and/or jail time specified for a particular offense:

(a) Mandatory school attendance with proof of attendance and submission of grades to the Court on a regular schedule;

(b) Restitution;

(d) Community service hours if agreed to by the Prosecutor;

(e) Individual and/or family counseling;

(f) Evaluation and treatment, including residential treatment, of alcohol, other substance abuse or mental illness;

(g) Any other alternative as to the Court may seem just.

The burden of the sentence should fall primarily on the juvenile rather than on the parent, but the parent, guardian or custodian shall be required by the Court to supervise the juvenile and to see that the sentence is carried out. If the Court finds, in the course of proceedings against a juvenile, that he or she is in need of care, the Court shall have broad powers to make orders for the protection of the juvenile and to assist the family to provide better care for the juvenile.