[Amended 3-17-2016 by Res. No. 03-17-16-05]
A.
Prosecution for an offense classified as a Class B or Class C misdemeanor
under this code shall be maintained if the complaint is filed within
two (2) years after the commission of the offense.
B.
Prosecutions for offenses classified as Class A misdemeanors and
felonious crimes under this code shall be maintained if the complaint
is filed within six (6) years after the commission of the offense.
C.
Prosecutions for the crime of murder and for the crime of sexual
assault of a person under sixteen (16) years of age by a person over
twenty-one (21) years of age under this code shall not be subject
to a statute of limitation.
D.
The statute of limitation time limit for commencing criminal prosecution
does not begin to run if the criminal is a fugitive; is outside of
the jurisdiction of NHBP; is currently incarcerated; or otherwise
is concealing his or her whereabouts. Once the individual reenters
the jurisdiction of NHBP the statute of limitation resumes to run.
E.
A person who is entitled to commence an action and who, at the time
the cause of action accrued, is under a disability, such as minority,
insanity, incompetency or other disability recognized by the NHBP
Tribal Court, may bring an action within the periods in this section,
after the disability is removed.
F.
All actions not expressly articulated in this section must be commenced
within seven (7) years after the cause of action accrues.
A.
In a petition or amended petition alleging that a juvenile is within the Tribal Court's jurisdiction under § 8.6-1 of this code for a criminal offense, the Prosecutor may designate the case as a case in which the juvenile is to be tried in the same manner as an adult. An amended petition making a designation under this subsection shall be filed only by leave of the Tribal Court. For purposes of this code, a juvenile is defined in § 8.6-2 of this code, who has attained the age of sixteen (16) years but who is under the age of eighteen (18).
[Amended 3-17-2016 by Res. No. 03-17-16-05]
B.
The Court may designate the case following a hearing if it determines
that the best interests of the juvenile and the public would be served
by the juvenile being tried in the same manner as an adult. In determining
whether the best interests of the juvenile and the public would be
served, the Tribal Court shall consider all of the following factors,
giving greater weight to the seriousness of the alleged offense and
the juvenile's prior delinquency record than to the other factors:
(1)
The seriousness of the alleged offense in terms of community protection,
including, but not limited to, the existence of any aggravating factors
recognized by the sentencing guidelines, the use of a firearm or other
dangerous weapon, and the impact on any victim.
(2)
The juvenile's culpability in committing the alleged offense,
including, but not limited to, the level of the juvenile's participation
in planning and carrying out the offense and the existence of any
aggravating or mitigating factors recognized by the sentencing guidelines.
(3)
The juvenile's prior record of delinquency, including, but not
limited to, any record of detention, any police record, any school
record, or any other evidence indicating prior delinquent behavior.
(4)
The juvenile's programming history, including, but not limited
to, the juvenile's past willingness to participate meaningfully
in available programming.
(5)
The adequacy of the punishment or programming available.
(6)
The dispositional options available for the juvenile.
C.
If a case is designated under this section, the case shall be set
for trial in the same manner as the trial of an adult.
D.
If the Tribal Court determines that an offense did not occur or there is not probable cause to believe the juvenile committed the offense, the Tribal Court shall dismiss the petition. If the Tribal Court determines there is probable cause to believe another offense was committed and there is probable cause to believe the juvenile committed that offense, the Tribal Court may further determine whether the case should be designated as a case in which the juvenile should be tried in the same manner as an adult as provided in Subsection B. If the Tribal Court designates the case, the case shall be set for trial in the same manner as the trial of an adult.
E.
If a case is designated under this section, the proceedings are criminal
proceedings and shall afford all procedural protections and guarantees
to which the juvenile would be entitled if being tried for the offense
in a court of general criminal jurisdiction. A plea of guilty or nolo
contendere or a verdict of guilty shall result in entry of a judgment
of conviction. The conviction shall have the same effect and liabilities
as if it had been obtained in a court of general criminal jurisdiction.
