Tribe: Makah Indian Tribe of the Makah Indian Reservation
§ l 1.4.09 Sentence. A defendant who pleads guilty to or is found guilty of a criminal offense under this Title
shall be sentenced as foIJows: a. Penalties: The penalties set forth in MLOC Title 5, Chapter 8, shall apply to the
criminal offenses under this Title. b. Restitution: The Court shall order the defendant to compensate the victim for
losses suffered as a direct result of the defendant’s act of domestic violence,
including but not limited to medical and counseling costs, loss of earnings or
other income, cost of repair or replacement of real or personal property , cost of
temporary shelter, and moving or travel expenses. c. Probation: The Court may order the defendant to serve a term of probation up to
one year in length, subject to monitoring by the Adult Probation Officer. d. Restraint Against Further Law Violations; No-Contact and Other Restraints: In
addition to any other restraints deemed necessary to assure the safety and welfare of
the victim and the victim’s family and household members, the Court may impose
the restraints described in MLOC I 1.4.05 (e) and (f) and MLOC 11.4.06 as
conditions of probation. e. Restraint Against Possession and Use of Intoxicants and Drugs: If the Court
finds by clear and convincing evidence that the act of domestic violence was
committed under the influence of alcoholic beverages or non-prescription
controlled substances, the Court may impose the restraint described in MLOC 11.4.05
(g) as a condition of probation f. Surrender of a Restraint Against Possession and Use of Dangerous Weapons:
If the Court finds by clear and convincing evidence that the defendant used ,
displayed, or threatened to use a firearm or other dangerous weapon i n the
commission of the act of domestic violence or in the presence of a police officer
responding to the report of domestic violence, the Court may require the surrender
and impose the restraint described in MLOC I I .4.05(h) as conditions
of probation. Any firearm or other dangerous weapon surrendered to the Chief
of Police NBPD, as a condition ofprobation shall be destroyed . f. Counseling and Treatment Programs: In every case in which a defendant either
pleads guilty to or is found guilty of a crimina I offense under this Title, the Court
shall order the defendant to attend and successfully complete a domestic violence
perpetrator program. The Court may also order the defendant to attend and.
successfully complete one or more other programs, including but not limited to
anger management, mental health counseling, substance abuse treatment, and
pa renting classes, to execute all necessary fonns and releases in connection with
such programs as conditions as probation . h. Banishment: When a Tribal member has been convicted of two or more criminal
offenses under this Title, arising out of at least two separate incidents involving
the same victim, and the victim is also a Tribal member, the Court may banish the
defendant from the Reservation upon a finding by clear and convincing evidence
that defendant’s acts of domestic violence are likely to continue nnless either the
defendant or the victim leaves the Reservation. The banishment may be subject to
conditions and may be for a period of(I) one-year.