Tribe: Makah Indian Tribe of the Makah Indian Reservation
E. Conditional and Contingent Banishment Orders
Upon a finding, by a preponderance of the evidence, that the defendant in the action has violated any drug-related provision relating to unlawful delivery of a controlled substance, intent to manufacture methamphetamine, delivery of a controlled substance to a minor, and use, delivery and/or manufacture of a controlled substance in the presence of a minor, the court may issue either a conditional or contingent banishment order. Either type of banishment order shall contain provisions allowing for the termination of the order upon petition by the person subject to the order. The provisions of the order shall be relevant to the rehabilitation of the person subject to the order so that he or she no longer poses a threat to the health, safety and welfare of the Makah Indian Tribe or the reservation community. F. Conditional Banishment Order
A conditional order of banishment shall exclude a person from the Makah Indian Reservation upon entry of the order, but shall allow the person to regain access to the Reservation by fulfilling requirements imposed by the court. A conditional order of banishment may also allow entry onto the Reservation for specific purposes, including alcohol or drug dependency treatment or to attend the funerals of immediate family members. The banished person shall not enter the Reservation, except for any limited purposes permitted in the order, until the court has lifted the banishment.
When the person believes that he has satisfied all the conditions of the order, he may petition the Court to lift the banishment. Upon petition the court shall determine if the conditions of the order have been satisfied; it may, but need not, hold a hearing.