Tribe: Nottawaseppi Huron Band of the Potawatomi
§ 7.4-30 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 NHBP Probation Department to prepare a presentence 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 immediately after a guilty plea, plea of no contest, or conviction, 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.
(1)
If a perpetrator is excluded from the residence of or ordered to stay away from the victim, an invitation by the victim to the perpetrator, and any acceptance of that invitation, does not waive or nullify an order for protection. Further, the victim cannot be considered by such invitation as having violated, or be subject to arrest for a violation of his/her own ex parte or permanent order of protection.
D.
Upon a guilty plea, conviction, or other disposition, the perpetrator shall be ordered to participate in a certified domestic violence perpetrator treatment program. The certified domestic violence perpetrator treatment program that the court orders a perpetrator to attend must consist 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 10 calendar days after entry of the order requiring treatment, unless the Court extends that time period for good cause shown. A copy of the recommended treatment plan shall be provided to the Court.
(4)
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 (6) calendar weeks. […]
§ 7.4-31Judgments 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 chapter;
B.
Order restitution as warranted; and
C.
Order appropriate domestic violence perpetrator’s treatment.
(1)
For the purposes of this section, a domestic 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, and the evaluator must make reasonable efforts to contact the victim. The defendant must sign privacy releases for the evaluator to obtain any confidential information that is necessary to the evaluation.
(2)
Satisfactory completion of domestic 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 violence. Treatment must include education about the effects of domestic 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 office in order to monitor compliance with the Court order.
D.
The Court may, in its 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 NHBP Police Department. […]
§ 7.4-32Additional conditions for crimes involving domestic violence or family violence.
A.
Upon conviction of a crime of domestic violence, the perpetrator shall be required to complete a domestic violence perpetrator’s treatment program or one approved by the Court.
B.
Upon conviction of a crime involving family violence, the perpetrator shall be required to complete a NHBP presentence investigation to determine whether treatment is appropriate.
C.
The Court may, at the request of the Prosecutor or as provided in the exclusion code,[1] issue an order of exclusion which excludes the perpetrator from all or a portion of the NHBP Indian Reservation and territory consistent and subject to the provisions as set forth in § 8.16-5, Grounds for exclusion; § 8.16-7B, Power to exclude; § 8.16-14, Exclusion resolution; and § 8.16-15, Scope and conditions of exclusion, among other relevant sections, as provided in the exclusion code.
[Amended 4-21-2016 by Res. No. 04-21-16-04]
[1]
Editor’s Note: See Ch. 8.16, Exclusion.
D.
Within the Court’s discretion, the Court may order publication of the perpetrator’s name and photograph in the NHBP Turtle Press described as a domestic violence or family violence perpetrator. The Court may not publish the victim’s name(s).
E.
Within the Court’s discretion, it may order any combination of such confinement, publication, fines, fees and costs, restitution and exclusion.
F.
The NHBP per-capita payment of any person convicted under this code shall be withheld by order of the NHBP Court and applied to the following until the costs and/or restitution are paid in full, to be satisfied in the following order:
(1)
Any restitution ordered by the Court for the victim and/or the victim’s property;
(2)
Costs incurred by the NHBP for imprisonment;
(3)
Costs for services; or
(4)
Costs incurred by the NHBP for exclusion of the convicted person.
G.
If the defendant is not a tribal member, the Court shall reduce the restitution and costs to a judgment and shall send to collections. Attorney fees and costs of collections shall be added to the NHBP Court judgment.