Tribe: Sac & Fox Nation of Missouri in Kansas and Nebraska
Section 231. Role of the Court; sentencing; probation
conditions.
In responding to the crime of domestic violence the Court
shall:
(a) Establish a specialized court docket to expedite
trials of domestic violence criminal cases as prescribed under
Section 239. The specialized docket shall provide that domestic
violence case trials be scheduled and conducted within 65
calendar days of arraignment and initial appearance unless good
cause is shown. Any sentencing hearings must be held no later
than three court days after conviction;
(b) Advise the offender thats/he is prohibited from
substituting other services or activities, such as
individual counseling, alcohol treatment or participation in
traditional healing practices, for participation in the
offender’s program as defined in Section 103, except for as such
activities may be offered through the domestic violence
offender’s program, domestic violence probation department, or
sought out voluntarily in addition to the domestic violence
offender’s program requirements;
(c) In the event the offender does not comply with the
domestic violence program and/or other conditions of probation,
the court shall find the offender in contempt of court and shall
impose service of the original sentence, plus an additional onehalf
of incarceration time, during which time the offender
must concurrently attend the domestic violence program. Further,
the court will order that any additional contempt of court
sentence be served consecutively. The Tribal Prosecutor may also
pursue additional charges for Failure to Obey Lawful Order of
the Court. However, any subsequent charge of Disobedience shall not alleviate or detract from the court’s responsibility to
ensure enforcement of sentencing and/or
probation/parole/supervised release conditions;
§
(d) Upon conviction of any second or subsequent offense,
the offender shall be sentenced according to the mandatory
provisions of Section 203. Probation will commence at the time
of the second conviction; prior or current probation time will
not be considered as fulfilling any second or subsequent
probationary period and/or any sentencing, fine, rehabilitation,
and community service conditions imposed by the court;
(e) The court will advise the defendant when and where
s/he will report to the Sac and Fox probation department for
intake and rehabilitative assessment;
(f) Not require that the victim be available to the court
for any sentencing or court imposed requirements in relation to
the offender’s sentence for the crime of domestic violence,
although the court may advise the victim of services available
in the community through direct contact, the prosecutor, or
domestic violence probation department and advocates;
(g) Acknowledge that any person placed on probation for a
domestic violence crime shall be subject to random or specific
drug testing, to be implemented and monitored by the Sac and Fox
Probation Department. While on probation a perpetrator shall
also be subject to unannounced blood, urine, saliva, hair,
portable breath or intoxilyzer tests to determine whether the
probationer has been consuming alcoholic beverages. Such drug
testing shall be implemented and monitored as per the regular
procedures of the Probation Department.
(h) Provide that any domestic violence offender found to
be in non-compliance will serve his/her full original sentence,
plus one-half, but shall be subject to all rehabilitation
efforts available to any offender on probation. The Sac and Fox
probation officer shall petition the court, outlining the
rehabilitation activity recommended, for release of the offender
to the custody of the probation officer for rehabilitation
placement. The offender shall be returned and shall complete any
remaining sentence upon completion of the rehabilitation
activity.
(i) Advise offender’s on domestic violence probation that
probation time will not run during the duration of any
rehabilitative activity or treatment in excess of thirty (30) days, and no reduction of sentenced jail time shall accrue or be U
exchangeable for conditional release time allowed under
subsection 8 above.
[History: L. 2015, December 22; R-62-15
PUBLIC LAW# T 30 § 231]