Tribe: Crow Tribe of Montana
§8E.4.09 Sentence
Adefendant who pleads guilty to or is found guilty of a criminal offense under this Title shall be sentenced as
follows:
a. Penalties: The penalties set forth in CLOC Title 8, Chapter 8, shall apply to the 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 CLOC 8E.4.05 (e) and (f) and CLOC 8E.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 CLOC 8E.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 in 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 CLOC 8E.4.05 (h) as conditions of probation.
Any firearm or other dangerous weapon surrendered to the Chief of Police, CPD, as a condition of
probation shall be destroyed.
g. Counseling and Treatment Programs: In every case in which a defendant either pleads guilty to
or is found guilty of a criminal 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
parenting classes, to execute all necessary forms and releases in connection with such programs, as
conditions as probation.
h. Conditional Exclusion: 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 exclude the defendant from the Reservation
upon a finding by clear and convincing evidence that defendant’s acts of domestic violence are
likely to continue unless either the defendant or the victim leaves the Reservation. The exclusion
may be subject to conditions, except deprivation of per capita payments, and may be for a period
of (1) one-year.