Tribe: Confederated Tribes of the Chehalis Reservation
4.80.045 Judgments and convictions.
When entering a judgment upon conviction for a crime involving domestic violence, family violence, or stalking, the Court shall:
A. Consider the entry of orders for the protection of the victim, including those set out within this division;
B. Order restitution as warranted; and
C. Order RLS or an appropriate domestic or family violence perpetrator’s treatment:
1. For the purposes of this subsection a RLS or a domestic or family violence perpetrators’ 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.
2. Satisfactory completion of RLS or domestic or family 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 and family violence. Treatment must include education about the effects of domestic and family 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 officer in order to monitor compliance with the court order.
3. 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 Chehalis Tribal Police Department. [Res. 2018-83.]
4.80.050 Mandatory relational life skills (RLS).
A. A person convicted of domestic or family violence shall be ordered to participate in RLS and to complete an intake. As set out in CTC 4.80.045, the defendant must sign all necessary privacy releases of information for the evaluation and distribution to the relevant parties and the Court.
B. At the time of sentencing the Court shall order the defendant to follow the recommendations made in the assessment and complete all recommended treatment programs. The recommendations may include, but are not limited to: completion of a program for RLS or perpetrators of domestic or family violence; alcohol and drug evaluation and treatment; psychological and psychiatric evaluation and treatment; violence prevention; parenting classes; and mental health counseling.
C. If the RLS intake states that the defendant is not amenable to treatment, the judge shall not order treatment as a part of the defendant’s penalty and shall take into consideration that the defendant is not actively participating in treatment when imposing jail time.
D. The Court shall order the defendant to execute all forms and releases that are necessary for the Court to be kept apprised of the defendant’s compliance with the Court’s order regarding treatment and counseling. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.9.020.]
Read Full Text of Chehalis Tribal Code. Chapter 4.80 Criminal Procedures. Section 4.80.045 Judgments and convictions & 4.80.050 Mandatory relational life skills (RLS).