Tribe: The Osage Nation
§ 2-185. Domestic violence – Mandatory conditions for sentence.
A. For every conviction of domestic assault, domestic battery, or domestic battery by strangulation, 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 violence as specified in subsection
(A)(2) of this section;
2.
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 certified by the Attorney
General. 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 fifty-two (52) weeks, complete the
program, and be evaluated before and after attendance of the program by a program counselor or a private
counselor. Three unexcused absences in succession or seven unexcused absences in a period of fifty-two (52)
weeks 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 prosecutor to seek acceleration or revocation
of any probation entered by the court;
3.
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 section. 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 abuse treatment program or licensed professional determines the defendant evaluates as a perpetrator of domestic abuse and should complete other programs of treatment simultaneously or prior to
domestic abuse 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 prosecutor may petition the court to
modify to complete the counseling as per the recommendations of the domestic abuse treatment program or
licensed professional;
4.
The court shall set a review hearing no more than one hundred twenty (120) 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 section and the domestic
abuse counseling or treatment requirements. The court may delay sentencing of the defendant until the
defendant has presented proof to the court of enrollment in a program of treatment for domestic abuse by
an individual licensed practitioner or a domestic abuse treatment program certified by the Attorney General
and attendance at weekly sessions of such program. Such proof shall be presented to the court by the
defendant no later than one hundred twenty (120) days after the defendant is ordered to such counseling or
treatment. At such time, the court may complete sentencing, and schedule reviews as required by this
section. Three unexcused absences in succession or seven unexcused absences in a period of fifty-two (52)
weeks 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 prosecutor to seek acceleration or revocation
of any probation entered by the court;
5.
The court shall set 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 section 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;
6.
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 section and the domestic abuse counseling
or treatment requirements;
7.
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 impose upon the defendant any or all remaining portions of the original sentence;
8.
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; and
9.
If funding is available, a referee may be appointed and assigned by the presiding judge of the Tribal
Court to hear designated cases set for review under this section. Reasonable compensation for the referees
shall be fixed by the presiding judge. The referee shall meet the requirements and perform all duties in the
same manner and procedure as set forth in 9
ONC §
3-122 pertaining to referees appointed in juvenile proceedings. The defendant may be required to pay all or part of the cost of the counseling or treatment, in
the discretion of the court.
B. The Trial Court of the Osage Nation and any judge thereof shall be immune from any liability or prosecution
for issuing an order that requires a defendant to:
1.
2.
Attend a treatment program for domestic abusers certified by the Attorney General;
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 for domestic
abusers certified by the Attorney General.
C. 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 in the Osage Nation
Court.
D. 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, a local history
and 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 crime or felony
convictions. ONCA 22-33, eff. Apr. 25, 2022.