Tribe: Mississippi Band of Choctaw Indians
§3-10-1 Purpose. (1) The Crimes involving Domestic Violence Chapter shall be construed to promote the
following:
(a) that violence against family members is not in keeping with Choctaw values. It is
the expectation that the criminal justice system and other service providers
respond to victims of domestic violence with fairness, compassion and in a
prompt and effective manner. The goal of this Chapter is to provide victims of
domestic violence with safety and protection;
(b) it is also the goal to utilize the criminal justice system in setting standards of
behavior within the family that are consistent with Choctaw values and as such, the
criminal justice system will be utilized to impose consequences upon
offenders for behavior that violates Choctaw values that hold the family sacred.
These consequences are meant as responses that will allow offenders the
opportunity to make positive changes in their behavior and understand that
violence is never an acceptable choice; or
(c) the prevention of future violence in all families through prevention and public
education programs that promote cultural teachings and Choctaw values so as to
nurture non-violence within Choctaw families and respect for Choctaw men and
women alike. (2) The provisions of this chapter shall apply in any case when the Tribe exercises Special
Tribal Criminal Jurisdiction when the elements of the domestic violence crime meets
the definition of the Domestic Violence under §2‐2-2(7) and Dating Violence under §2‐
2-2(6). […] §3-10-20 Role of the Court; Sentencing; Probation Conditions. (1) In responding to the crime of domestic violence, the court shall: (a) First Offense: If the alleged offender pleads guilty or is found guilty, the judge may
order any sentence available to him generally for each crime listed in §3-10-
2(5). In addition, every conviction of domestic violence shall require the
defendant to complete a program for batterers, if offered at the time of
sentencing. If a program for batterers is not offered at the time of sentencing, the judge
shall order the defendant to participate in any counseling or treatment program
available to the court that, in the judge’s discretion, will bring about a cessation of
domestic abuse. In the event the offender does not comply with the program for batterers or any other condition or
order imposed by the court, the court shall find the offender in contempt of court and shall
impose a minimum ten (10) days, maximum six (6) months in jail along with the service of any
suspended sentence that may have been imposed in a previous hearing. A finding of contempt and
service of jail time does not release the offender from any of the conditions originally imposed,
including but not limited to participation in a program for batterers which shall be required during the
offender’s incarceration, if feasible, and shall continue upon his release until such time as the offender has completed the program. (b)
Second or Subsequent Offense: If the alleged offender pleads guilty or is found
guilty of a second or subsequent offense involving domestic violence occurring
within five (5) years of a previous offense involving domestic violence, the
offender shall be sentenced to a minimum of thirty (30) days in jail with six (6)
months to one (1) year probation and/or any maximum sentencing, fine,
rehabilitation and community service remedies available to the court. In addition, the
judge may order the offender to participate in and complete a program for
batterers regardless of whether the offender has participated in or completed the
program as fulfillment of requirements from a previous court order.