Deferred Prosecution for Treatment (Domestic Violence)

Hoh Tribal Code. Title 4 Family Relations. Chapter 4.02 Domestic Violence & Anti-Harrassment Ordinance. § 4.02.100 Special Court Rules for Domestic Violence Crimes.

Tribe: Hoh Indian Tribe

§ 4.02.100 Special Court Rules for Domestic Violence Crimes.

(3) If the alleged perpetrator pleads guilty, a pre-sentence report may be ordered at the
discretion of the Court prior to sentencing.
(4) If it appears to the Court that alcohol or drugs played a part in the abuse, a chemical
dependency evaluation with a treatment plan may be ordered, at the discretion of the Court
prior to sentencing.
(5) Upon a guilty plea or conviction, the perpetrator shall be ordered to participate in the Hoh
Tribe’s Family Services Certified Domestic Treatment program, or if the Hoh Tribe’s
Family Services Program is unavailable at the time of sentencing, a certified domestic
violence treatment at the perpetrator’s expense consisting of at least the following:
(a) The perpetrator shall attend and cooperate in an intake session for a domestic
violence treatment program.
(b) The intake shall be completed by the domestic, violence program not later than 10
calendar days after entry of the order requiring treatment, unless the Court extends
that time period.
(c) A copy of the intake and recommended treatment plan shall be provided to the
court.
(d) In the discretion of the court, the perpetrator’s participation in treatment sessions
based on the domestic violence program’s treatment plan may be in lieu of
confinement and/or fine, or the execution of any such penalty may be suspended
pending completion of the treatment ordered by the court.
(e) The domestic violence program or other service providers shall submit progress
reports to the Court at least every six (6) calendar weeks.
(6) Willful failure or refusal to comply with a court order requiring a perpetrator to attend and
cooperate with an intake and undergo treatment as described in a treatment plan shall
constitute contempt of court punishable as provided in the Hoh Tribal Code. If the court
has suspended execution of any penalty imposed under § 4.02.060 or § 4.02.070 of this
Ordinance on the condition that the perpetrator undergo court-ordered intake and treatment,
the Court may also order execution of any such suspended sentence.

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