CHAPTER 3
YOUTH
Table of Contents
Part 1
Purpose, Definitions, and Jurisdiction
3-3-101. Purpose. 1
3-3-102. Definitions. 1
3-3-103. Jurisdiction of the Youth Court. 5
3-3-104. Severability. 5
Part 2
Transfer to Adult Tribal Court or State District Youth Court
3-3-201. Transfer of Jurisdiction to Adult Tribal Court. 5
3-3-202. Transfer of Jurisdiction to State District Youth Court. 5
Part 3
Youth Court Procedure
3-3-301. Non-criminal proceedings. 6
3-3-302. Use in other proceedings. 6
3-3-303. Rules of procedure. 6
3-3-304. Confidentiality. 6
Part 4
Youth Court Authority.
3-3-401. Scope of Youth Court Authority. 6
3-3-402. Powers and duties of the Youth Court. 7
3-3-403. Additional Youth Court personnel. 7
Part 5.
Rights of Youth
3-3-501. Right against self-incrimination. 7
3-3-502. Admissibility of evidence. 7
3-3-503. Fingerprints and photographs. 8
3-3-504. Right to retain counsel. 8
3-3-505. Explanation of rights. 8
Part 6.
Procedure for Taking a Youth Offender into Custody
3-3-601. Taking a youth into custody. 9
3-3-602. Provision of rights. 9
3-3-603. Release or delivery from custody. 9
3-3-604. Review for need of continued custody. 9
3-3-605. Notifications to family. 9
3-3-606. Criteria for selecting a youth facility. 10
Part 7.
Youth Offender Detention Hearing.
3-3-701. Requirement of detention hearing. 10
3-3-702. Purpose of the detention hearing. 11
3-3-703. Notice of detention hearing. 11
3-3-704. Detention hearings. 11
3-3-705. Notification of rights at detention hearing. 11
3-3-706. Findings at detention hearing. 11
3-3-707. Rehearing of detention matter. 11
Part 8.
Initiation of Proceedings
3-3-801. Investigation by the juvenile officer. 11
3-3-802. Informal Adjustment Conference. 12
3-3-803. Filing and content of petition. 13
3-3-804. Issuance of summons. 14
3-3-805. Content of the summons. 14
3-3-806. Service of the summons. 14
Part 9.
Youth Offender Consent Decree.
3-3-901. Availability of consent decree. 14
3-3-902. Objection to consent decree. 14
3-3-903. Failure to fulfill terms and conditions. 14
3-3-904. New youth offense complaint. 14
3-3-905. Dismissal of youth offender petition. 15
Part 10.
Youth Offender Proceedings.
3-3-1001. Initial Hearing. 15
3-3-1002. Scheduling Orders. 16
Part 10 (cont'd)
3-3-1003. Adjudicatory Hearing. 16
3-3-1004. "Youth offender" finding after adjudicatory hearing. 16
Part 11
Youth Offender Predisposition Studies:
Reports and Examinations
3-3-1101. Predisposition study and report. 16
3-3-1102. Contents of predisposition study and report. 16
3-3-1103. Medical assessment and treatment. 16
3-3-1104. Transfer for diagnosis. 17
3-3-1105. Submission of reports. 17
Part 12
Youth offender disposition proceedings
3-3-1201. Purpose and conduct of disposition hearing. 17
3-3-1202. Time limitations on disposition hearings. 17
3-3-1203. Notice of disposition hearing. 17
3-3-1204. Evidence and reports. 17
3-3-1205. Disposition alternatives. 18
Part 13
Review, Modification, Revocation, Extension and
Termination of Dispositional Orders
3-3-1301. Mandatory review of disposition order. 18
3-3-1302. Hearing to modify, revoke, or extend disposition order. 19
3-3-1303. Automatic termination of disposition order. 19
Part 14
Youth Records
3-3-1401. Youth Court records. 19
3-3-1402. Law enforcement records. 19
3-3-1403. Disposition of records. 19
Part 15
Youth Appeals
3-3-1501. Who can appeal. 19
3-3-1502. Stay of order or disposition by appeal. 19
3-3-1503. Conduct of proceedings. 20