TITLE II

CHAPTER 2

CRIMINAL PROCEDURE

Table of Contents

Part 1

General Preliminary Provisions





2-2-101. Purpose and construction.

2-2-102. General definitions.

2-2-103. Criminal jurisdiction.

2-2-104. Rights of defendant.

2-2-105. Subsequent prosecutions.
 
 

Part 2

Investigative Procedures



2-2-201. Investigative subpoenas.

2-2-202. Relief from improper subpoena.

2-2-203. Conduct of investigative hearing.

2-2-204. Self-incrimination -- immunity.

2-2-205. Authorization for search and seizure.

2-2-206. Scope of search after arrest.

2-2-207. Execution of a search warrant.

2-2-208. Grounds for a search warrant.

2-2-209. Scope of search.

2-2-210. What may be seized with search warrant.

2-2-211. Seizures related to controlled substances.

2-2-212. Procedures for seizures related to controlled substances.

2-2-213. Disposition of seized property.

2-2-214. Investigative stop.

2-2-215. Stop and frisk.

2-2-216. Roadblocks.

2-2-217. Duration of stop.
 
 

Part 3

Commencing Prosecution



2-2-301. Citation.

2-2-302. Complaint.

2-2-303. Amending the complaint.

2-2-304. Joinder and severance of offenses and defendants.
 
 

Part 3(cont'd)



2-2-305. Discharge of codefendant.

2-2-306. Multiple charges from the same transaction.

Part 4

Arrest and Related Procedures



2-2-401. Method of arrest.

2-2-402. Time of making arrest.

2-2-403. Arrest by law enforcement officer.

2-2-404. Arrest warrants.

2-2-405. Notice of rights prior to interrogation.

2-2-406. Summons.

2-2-407. Written report when no arrest made in abuse situation.

2-2-408. Notice of rights in abuse situation.

2-2-409. Extradition.
 
 

Part 5

Initial Appearance, Presence of Defendant,

and Right to Counsel



2-2-501. Initial appearance.

2-2-502. Duty of court at initial appearance.

2-2-503. Presence of defendant.

2-2-504. Right to counsel.
 
 

Part 6

Bail



2-2-601. Release prior to criminal proceedings.

2-2-602. Release or detention.

2-2-603. Release on own recognizance and reasonable bail.

2-2-604. Conditions upon defendant's release.

2-2-605. Bail schedule.

2-2-606. Changing bail or conditions of release.

2-2-607. Forms of bail.

2-2-608. Property and surety bonds.

2-2-609. Release of bail.

2-2-610. Violation of a release order.

2-2-611. Forfeiture order.

2-2-612. Surrender of defendant.
 
 



Part 7

Arraignment of the Defendant



2-2-701. Joint defendants.

2-2-702. Procedure on arraignment.

2-2-703. Plea alternatives.

2-2-704. Record of arraignment.

2-2-705. Plea agreement procedure.

2-2-706. Telephonic change of plea.
 
 

Part 8

Pretrial Motions and Discovery



2-2-801. Pretrial defenses and objections.

2-2-802. Suppression of evidence.

2-2-803. Motion to suppress confession or admission.

2-2-804. Disclosure by prosecution.

2-2-805. Disclosure by defendant.

2-2-806. Severance.

2-2-807. Notice of alibi.

2-2-808. Motion for continuance.

2-2-809. Pretrial conference.

2-2-810. Pretrial diversion.

2-2-811. When depositions may be taken.

2-2-812. Procedure for taking depositions.

2-2-813. Use of depositions at trial.

2-2-814. Subpoenas.

Part 9

Mental Disorder



2-2-901. Mental disorder.

2-2-902. Evidence of mental disorder admissible.

2-2-903. Mental disorder excluding fitness to proceed.

2-2-904. Examination of defendant.

2-2-905. Prosecution's right to examination.

2-2-906. Access to defendant for examination.

2-2-907. Report of examination.

2-2-908. Psychiatric or psychological testimony upon trial.

2-2-909. Form of verdict and judgment.

2-2-910. Admissibility of statements made during examination.

2-2-911. Determination of fitness to proceed.

2-2-912. Proceedings if fitness regained.

2-2-913. Commitment upon finding.

2-2-914. Discharge or release upon motion.

2-2-915. Application for discharge or release by committed person.

2-2-916. Revocation of conditional release.
 
 

Part 10

Trial



2-2-1001. Right to a jury trial.

2-2-1002. Priority on the Tribal Court calendar.

2-2-1003. Questions of law and fact.

2-2-1004. Rules of evidence in criminal cases.

2-2-1005. Trial preparation time.

2-2-1006. Burden of proof.

2-2-1007. Order of trial.

2-2-1008. Insufficient evidence.
 
 

Part 11

Juries



2-2-1101. Motion to discharge a jury panel.

2-2-1102. Examination of prospective jurors.

2-2-1103. Challenges.

2-2-1104. Conduct of jury during trial.

2-2-1105. View of relevant place or property.

2-2-1106. Jury instructions.

2-2-1107. Jury deliberations.

2-2-1108. Items that may be taken into jury room.

2-2-1109. Activity of the court during jury's absence.

2-2-1110. Form of verdict.

2-2-1111. Polling the jury.

2-2-1112. Conviction of lesser included offense.

2-2-1113. Discharging jurors.

2-2-1114. Motion for a new trial.
 
 

Part 12

Sentence and Judgment



2-2-1201. Rendering judgment and pronouncing sentence.

2-2-1202. Sentencing considerations.

2-2-1203. Imposition of sentence.

2-2-1204. Execution of sentence.

2-2-1205. Restitution.

2-2-1206. Payment of fines and restitution.

2-2-1207. Revocation of parole or suspended or deferred sentence.

2-2-1208. Dismissal and expungement after deferred sentence.

2-2-1209. Failure to pay a fine or restitution.

2-2-1210. Credit for time served.

2-2-1211. Credit for incarceration prior to conviction.