Tribe: Sac & Fox Nation, Oklahoma
Section 207.6. Domestic Abuse Criminal Procedures
(a) The District Court of the Nation and any judge thereof shall be immune from any
liability or prosecution for issuing an order that requires a defendant to:
(1) Attend a treatment program for domestic abuse;
(2) Attend counseling or treatment services ordered as part of any suspended
or deferred sentence or probation; and
(3) Attend, complete, and be evaluated before and after attendance by a
treatment program.
(b) There shall be no charge of fees or costs to any victim of domestic violence,
stalking, or sexual assault in connection with the prosecution of a domestic violence stalking, or sexual assault offense.
(c) Presentence Report. In the course of prosecuting any charge of domestic abuse,
stalking, harassment, rape, or violation of a protective order, the prosecutor shall provide the
court, prior to sentencing or any plea agreement, any other available history of past
convictions of the defendant within the last ten (10) years relating to domestic abuse,
stalking, harassment, rape, violation of a protective order, or any other violent crimes,
misdemeanor or felony convictions.
(d) Any plea of nolo contendere, guilty or finding of guilt for a violation of section
207, 207.1, 207.4, and 207.5 of this section shall constitute a conviction of the offense for the
purpose of this act or any other criminal statute under which the existence of a prior
conviction is relevant. […] Section 207.7. Sentencing and/or Probation for Domestic Abuse
(a) For every conviction of domestic abuse, the court shall:
(1) Specifically order as a condition of a suspended sentence or probation that a
defendant participate in counseling or undergo treatment to bring about the cessation of
domestic abuse as specified in paragraph 2 of this subsection;
(2)
(A) The court shall require the defendant to participate in counseling or
undergo treatment for domestic abuse by an individual licensed practitioner or a
domestic abuse treatment program approved by the Nation’s Domestic Abuse
Program. If the defendant is ordered to participate in a domestic abuse counseling or
treatment program, the order shall require the defendant to attend the program for a
minimum of Twelve (12) weeks, complete the program, and be evaluated before and
after attendance of the program by a program counselor or a private counselor. Two
unexcused absences in succession or five unexcused absences from any court-ordered
domestic abuse counseling or treatment program shall be prima facie evidence of the
violation of the conditions of probation for the Attorney General to seek acceleration
or revocation of any probation entered by the court.
(B) A program for anger management, couples counseling, or family and
marital counseling shall not solely qualify for the counseling or treatment requirement
for domestic abuse pursuant to this subsection. The counseling may be ordered in
addition to counseling specifically for the treatment of domestic abuse or per
evaluation as set forth below. If, after sufficient evaluation and attendance at required
counseling sessions, the domestic violence treatment program or licensed professional
determines that the defendant does not evaluate as a perpetrator of domestic violence or does evaluate as a perpetrator of domestic violence and should complete other
programs of treatment simultaneously or prior to domestic violence treatment,
including but not limited to programs related to the mental health, apparent substance
or alcohol abuse or inability or refusal to manage anger, the defendant shall be
ordered to complete the counseling as per the recommendations of the domestic
violence treatment program or licensed professional;
(3) The court shall set:
(A) a review hearing no more than sixty (60) days after the defendant is
ordered to participate in a domestic abuse counseling program or undergo treatment
for domestic abuse to assure the attendance and compliance of the defendant with the
provisions of this subsection and the domestic abuse counseling or treatment
requirements.
(B) a second review hearing after the completion of the counseling or
treatment to assure the attendance and compliance of the defendant with the
provisions of this subsection and the domestic abuse counseling or treatment
requirements. The court shall retain continuing jurisdiction over the defendant during
the course of ordered counseling through the final review hearing;
(4) The court may set subsequent or other review hearings as the court determines
necessary to assure the defendant attends and fully complies with the provisions of this
subsection and the domestic abuse counseling or treatment requirements;
(5) At any review hearing, if the defendant is not satisfactorily attending individual
counseling or a domestic abuse counseling or treatment program or is not in compliance with
any domestic abuse counseling or treatment requirements, the court may order the defendant
to further or continue counseling, treatment, or other necessary services. The court may
revoke all or any part of a suspended sentence, deferred sentence, or probation and subject the
defendant to any or all remaining portions of the original sentence;
(6) At the first review hearing, the court shall require the defendant to appear in court.
Thereafter, for any subsequent review hearings, the court may accept a report on the progress
of the defendant from individual counseling, domestic abuse counseling, or the treatment
program. There shall be no requirement for the victim to attend review hearings; and
The defendant may be required to pay all or part of the cost of the counseling or treatment, in
the discretion of the court.