Tribe: Quinault Indian Nation
12.06.320
(a)
Judgments and Convictions
When entering a judgment upon conviction for a crime involving domestic
violence, family violence, or stalking, the Court shall:
(1)
Consider the entry of orders for the protection of the victim, including those
set out within this Chapter;
(2)
(3)
Order restitution as warranted; and
Order appropriate domestic violence perpetrator’s treatment.
(A)
For the purposes of this section, a domestic violence perpetrator’s
treatment intake assessment should include the following considerations: an official copy of current and past criminal history; all violence history
whether or not it resulted in a conviction; family and cultural issues;
substance abuse issues; and a treatment plan that adequately and
appropriately addresses the treatment needs of the individual. The intake
may not be based solely on the defendant’s self-report and the evaluator
must make reasonable efforts to contact the victim. The defendant must sign
privacy releases for the evaluator to obtain any confidential information that
is necessary to the evaluation.
(B)
Satisfactory completion of domestic violence treatment required
under this section must be based on meeting treatment goals, not merely the
completion of a certain period of time or certain number of sessions. The
treatment must focus on ending the violence and holding the defendant
accountable for his or her behavior. The treatment must include education
about the individual, family, and cultural dynamics of domestic violence.
Treatment must include education about the effects of domestic violence on
children. The defendant must sign privacy releases for the treatment
provider to obtain any confidential information that is necessary to the
treatment. The defendant must also sign a release for the treatment provider
to provide information to the Prosecutor or probation office in order to
monitor compliance with the Court order.
(b)
In the Court’s discretion, order any other lawful relief as it deems necessary for the
protection of any claimed, alleged or potential victim of domestic violence or family
violence, including orders or directives to the Quinault Police Department. […] 12.06.325
(a)
Additional Conditions for Crimes Involving Domestic Violence or Family
Violence
Upon conviction of a crime of domestic violence, the perpetrator shall be required
to complete the Quinault Indian Nation’s domestic violence perpetrator’s treatment or one
approved by the Court.
(b)
Upon conviction of a crime involving family violence, the perpetrator shall be
required to complete a Quinault Indian Nation or other court-approved perpetrator’s intake
assessment to determine whether treatment is appropriate and follow all recommendations.
(c)
Within the Court’s discretion, the defendant may be excluded from the Quinault
Indian Reservation consistent with Title 17 QTC.
(d)
Within the Court’s discretion, the Court may order publication of the perpetrator’s
name and photograph in the Quinault Indian Nation newspaper described as a repeat
offender domestic violence or family violence perpetrator.
(e)
Within the Court’s discretion, it may order any combination of such confinement,
treatment, exclusion, publication, and fine.
(f)
Any payment issued to tribal members by the Quinault Indian Nation, such as elder
pension payments, shall be withheld from any person convicted under this Chapter and applied to the following until the costs and/or restitution are paid in full, to be satisfied in
the following order:
(1)
(2)
(3)
person.
(g)
Any restitution ordered by the Court for victim and/or victim’s property;
Costs incurred by the Quinault Indian Nation for imprisonment; or
Costs incurred by the Quinault Indian Nation for exclusion of the convicted
If the defendant is not a Tribal member, the Court shall reduce the restitution and
costs to a judgment and shall send to c