Alternative Sentencing for First Aggravated Domestic Assault/BatteryOffence

Hannahville Legal Code, Title 1 Criminal Law and Procedure Code, 1.2004 Domestic violence

Tribe: Hannahville Indian Community

(a) Except as provided in subsections (b) and (c) of this subsection, a person who
commits a domestic battery and/or a domestic assault and battery without a weapon
and inflicts serious or aggravated injury upon a victim but without intending to
commit murder, may be punished upon plea or conviction by incarceration for not
less than 180 days, and not more than 1 year, and by a fine of not more than
$1,000.00, plus costs.
[1] An order of probation shall require the defendant to participate in the following
mandatory programs:
[a] Batterers’ intervention program.
[b] Mental health services as assessed, including sexual offenders’ treatment
if criminal sexual conduct was involved in the incident.
Substance abuse counseling programs as assessed, if alcohol or controlled
substances were involved in the occurrence or incident.
Participation in an effects on children program if any children reside in the
home at the time of the occurrence or incident.
After an opportunity to be heard and in consultation with the Victims of
Crime office, a domestic violence personal protection order shall be
entered, if desired by the victim.

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