Tribe: Oglala Sioux Tribe
SECTION 217. Written procedures for prosecution of domestic violence; purpose.
Within 120 days following the enactment of the Domestic Violence Code, the Attorney
General shall develop, adopt, and put into effect written procedures for the prosecution of
domestic violence crimes to ensure the effective prosecution of domestic violence crimes.
Such procedures shall include: 1. A mandatory “cooling off period prior to arraignment; 2. A mandatory “cooling off period prior to arraignment;
The employment, economic educational, physical and/or mental health and
political status of the alleged perpetrator and victim shall not enter into
determinations for domestic violence crimes; 3. A “no drop” policy which prohibits victims from withdrawing charges; 4. The prohibition of no contest, diversion, and deferred sentencing; 5. The use or abuse of alcohol by the alleged perpetrator or victim shall not be
primary, factor in determining the pursuit of domestic violence cases but shall
be considered as it relates to the safety of the victim and potential lethality; 6. A process describing the utilization of advocates during every phase of
criminal justice proceedings; 7. criminal justice proceedings;
Not member of the prosecution office has the authority to order the release of
an alleged perpetrator prior to the procedures described in Section 214,
subsection 1; 8. Prosecution shall not dismiss a domestic violence case without prior
consultation and review with the arresting officer(s) and a domestic violence
advocate; 9. Prosecution shall expedite proceedings with a minimum of continuances and
shall consider the present residency of the victim as it relates to continuances,
especially if the victim has relocated off the reservation for safety; 10. The victim may but shall not be required to act as the primary witness. In
instances where the victim may be unavailable or it is not safe for the victim
to appear, the prosecution is required to enlist any and all evidentiary avenues, including photographs, other witnesses, excited utterance and other law
enforcement testimony, medical records, history of past abuse, etc. 11. The prosecution shall make every reasonable effort and shall include
advocacy in an attempt to avoid charging victims with contempt in instances
where victims refuse to testify or cooperate in the criminal justice process;
such efforts shall include provisions for training prosecutors to prepare cases
with the expectation that the victim will not be available at trial; 12. In recognizing domestic violence as a crime and not a relationship issue, the
prosecution shall not recommend or promote any actions that require the
victim to engage in any type or form of a mediation process with the alleged
assailant such as mediation, peace-making, alternative justice, restorative
justice, family counseling, couple counseling, circle sentencing, etc. 13. Measures to expedite prosecution of and recommend enhanced penalties for,
repeat offenders; and 14. Any other policies and procedures that serve as reasonable efforts to ensure
the protection and safety of victims of domestic violence. […] SECTION 408. Duties of Juvenile Court. 1. Within 120 days of the enactment of this Domestic Violence Code, the OST
Youth and Family Court shall develop written procedures, when abuse or
neglect of a child is involved, to assess whether abuse of another family or
household member is also occurring. The assessment must include but is not
limited to: (a) Inquiry concerning the criminal record of the parents, and the alleged
abusive or neglectful person and the alleged perpetrator of domestic
violence, if not a parent of the child; and (b) Inquiry concerning the existence of orders for protection issued to either
parent. 2. The OST Juvenile Court shall utilize the South Dakota Department of Social
Services, Cangleska, Inc., in conducting the assessment. 3. If it is determined in an investigation of abuse or neglect of a child:
(a) That the child or another family or household member is in danger of
domestic violence, and that removal of one of the parties is necessary to
prevent the abuse or neglect of a child, the OST Youth and Family Court
shall seek the removal of the alleged perpetrator of domestic violence.
(b) That a parent of the child is a victim of domestic violence, services must
be offered to the victimized parent and the provision of such services must
not be contingent upon a finding that either parent is at fault or has failed
to protect the child.