Tribe: Yankton Sioux Tribe of South Dakota
Subsection 3. Role of the Court in Regard to the Mandatory Arrest Provision (Sub-Section 2 Above)
A. Anyone arrested under this ordinance shall be held until arraignment.
B. Prior to the release of the defendant a community volunteer will talk with him/her and discuss the availability of domestic violence groups.
C. The defendant is arraigned.
D. If the defendant enters a not guilty plea, or any other plea other than guilty, an advocate for the victim will assist him/her in the preparation of an order for protection temporarily excluding the other from the home and restraining the defendant from any contact with the victim. If the defendant pleads guilty, a pre- sentence investigation is ordered and the victim, either personally or through the shelter advocate, communicates his/her concerns to the court.
E. Sentences shall be thirty (30) to sixty (60) days in jail. The judge may suspend imposition of sentence for the first offense. When sentences are suspended there must be complete cooperation with the orders of the court requiring cooperation with the domestic violence program.
F. If alcohol or drugs play a part in the abuse, a chemical dependency evaluation and complete cooperation with any recommendation for treatment made will be ordered.
G. The assailant shall be ordered to participate in the appropriate domestic violence program and must:
1. Attend an intake session for evaluation and placement in a group for domestic violence. This will be accomplished by an advocate of a tribally- approved domestic abuse program not later than 10 calendar days after sentencing.
2. Attend a minimum of twelve (12) re-education sessions out of fourteen (14) consecutive sessions and attend a minimum of twelve (12) counseling sessions out of fourteen (14) consecutive sessions. These sessions will begin immediately following the intake session (see (1) above). The counselor shall submit a record of attendance to the Clerk of Courts or a Court-Services officer, if one is so designated. The Clerk of Courts or Court Services officer shall maintain a record of attendance.
H. In cases of failure to comply, the court will find the assailant in contempt and shall impose all or some of the original suspended jail sentence and again require the assailant to complete the complete group program upon his release from jail. Failure to attend counseling, violation of an order for protection, or commission of a crime of violence during the order for protection period, will result in immediate review of the case by the Court.
I. Upon any second or subsequent offense offenders shall be sentenced to at least sixty (60) days in jail, not to exceed the maximum penalty the Yankton Sioux Tribe may apply. After serving their sentence, or during their time in jail if there is an available domestic abuse program, they must complete the domestic violence counseling as described in (G.2) above.
Read Full Text of Yankton Sioux Tribal Code Title III, Sec. 3-48-1 Subsection 3