Tribe: Nooksack Indian Tribe
20A.04.070 Judgments of Conviction.
A. When entering a judgment of conviction for a crime involving domestic
violence, the Nooksack Tribal Court shall:
I. consider the entry of orders for the protection of the victim, including
those set out in Section 20A.03.070 of this Code;
2. order the defendant to obtain a domestic violence evaluation and to
comply with all treatment recommendations, including additional
recommendations that may be made during treatment; and
3. order restitution as warranted.
B. For the purposes of this section, a domestic violence evaluation shall include a
complete diagnostic evaluation; an evaluation of current and past criminal
history; an evaluation of all violence history whether or not it resulted in a
conviction; an assessment of future dangerousness; an assessment of family
and cultural issues; an assessment of substance abuse; an assessment of
learning disabilities and other special needs that would affect the method of
treatment; and a treatment plan that adequately and appropriately addresses
the treatment needs of the individual. The evaluation may not be based solely
on the defendant’s self-report. The defendant must sign privacy releases for
the evaluator to obtain any confidential information that is necessary to the
evaluation. C. 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 violence. The treatment must include education about the individual, family, and cultural dynamics of domestic violence. If the defendant or the
victim has a minor child, 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 probation office in order to monitor
compliance with the Nooksack Tribal Court order.