Tribe: Confederated Tribes of the Chehalis Reservation
4.80.040 Criminal penalties.
Criminal penalties should be guided by the seriousness of the offense. The following factors may be considered:
Special Court provisions for domestic violence or family violence crimes.
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B. In sentencing for a crime of domestic or family violence as defined in this division, the prosecutor shall provide for the court’s review the defendant’s criminal history, if any, which occurred in any Tribal, State or Federal jurisdiction.
In addition to the rules of court generally applicable to criminal proceedings, the Court is authorized to take the following actions in proceedings of alleged domestic or family violence:
1. If the alleged perpetrator pleads or is found guilty, the Court, in its discretion, may order the Chehalis Probation Department to prepare a pre-sentence report prior to sentencing.
2. If it appears to the Court that alcohol or drugs played a part in the crime, a chemical dependency evaluation with a treatment plan may be ordered prior to sentencing at the discretion of the Court.
3. Upon a guilty plea, conviction, or other disposition, the Court may issue a no contact order prohibiting the defendant from having any contact with the victim irrespective of whether the victim consents.
4. Upon a guilty plea, conviction, or other disposition, the perpetrator shall be ordered to participate in the Chehalis Tribes Behavioral Health Mandatory Relational Life Skills (RLS). If the Chehalis Tribes Behavioral Health Program is unavailable at the time of sentencing, the Court may approve a certified domestic violence perpetrator treatment program that the Court finds consists of at least the following:
a. The perpetrator shall attend and cooperate in an intake session for a domestic or family violence perpetrator’s treatment program.
b. The intake shall be completed by the perpetrator treatment program, Tribal or non-Tribal, not later than 10 calendar days after entry of the order requiring treatment, unless the Court extends that time period for good cause shown.
c. A copy of the 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 or family 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. However, once this service is ordered it must be completed prior to dismissal unless probation is revoked.
e. The domestic or family violence program or other services provider shall submit written progress reports to the Court and Probation Department at least every six calendar weeks. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.9.010.]
Read Full Text of Chehalis Tribal Code. Chapter 4.80 Criminal Procedures. Section 4.80.040 Criminal penalties.