Tribe: Quinault Indian Nation
12.06.315 Special Court Rules for Domestic Violence or Family Violence Crimes
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 violence or family
violence: (a)
If the alleged perpetrator pleads or is found guilty, the Court, in its discretion, may
order the Quinault Probation Department to prepare a pre-sentence report prior to
sentencing.
(b)
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.
(c)
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.
(d)
Upon a guilty plea, conviction, or other disposition, the perpetrator shall be ordered
to participate in a Court-approved certified domestic violence perpetrator treatment
program so long as the Court finds that the program consists of at least the following:
(1)
The perpetrator shall attend and cooperate in an intake session for a
domestic violence perpetrator’s treatment program.
(2)
The intake shall be completed by the perpetrator treatment program not later
than ten calendar days after entry of the order requiring treatment, unless the Court
extends that time period for good cause shown.
(3)
(4)
A copy of the recommended treatment plan shall be provided to the Court.
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. However, once this
service is ordered it must be completed prior to dismissal unless probation is
revoked.
(5)
The domestic violence program or other services provider shall submit
written progress reports to the Court at least every six calendar weeks.