Tribe: The Muscogee (Creek) Nation
§ 3–313. Conditions of probation
A. Considerations. Before placing a perpetrator who is convicted of a crime
involving domestic or family violence on probation, the Court shall consider the
safety and protection of the victim of a crime involving domestic or family
violence and any member of the victim’s family or household.
B. Conditions. The Court may condition the suspension of sentence or
granting of probation to a perpetrator on compliance with one or more orders
of the Court, including but not limited to:
1.
Enjoining the perpetrator from threatening to commit or committing acts
of domestic or family violence against the victim or other family or household
member; 2. Prohibiting the perpetrator from harassing, annoying, telephoning, con
tacting, or otherwise communicating with the victim, directly or indirectly;
3.
Requiring the perpetrator to stay away from the residence, school, place
of employment, or a specified place frequented regularly by the victim and any
designated family or household member;
4.
Prohibiting the perpetrator from possessing or consuming alcohol or
controlled substances;
5.
Prohibiting the perpetrator from using or possessing a firearm or other
specified weapon;
6.
Directing the perpetrator to surrender any weapons owned or possessed
by the perpetrator;
7.
Directing the perpetrator to participate in and complete, to the satisfac
tion of the court, a program of intervention for perpetrators established
pursuant to Title 6, § 3–502, treatment for alcohol or substance abuse, or
psychiatric or psychological treatment;
8.
9.
Directing the perpetrator to pay restitution to the victim; and
Imposing any other condition necessary to protect the victim of domestic
or family violence and any other designated family or household member or to
rehabilitate the perpetrator.
C. Costs. The perpetrator shall pay the costs of any condition of probation,
according to ability.
D. Probation Officer policies and procedures. The Probation Officer shall
establish policies and procedures for the exchange of information concerning
the perpetrator with the Court and the victim; and for responding to reports of
nonattendance or noncompliance by the perpetrator with conditions imposed
pursuant to subsection B of this section.
E. Immediate report required. The probation department shall immediately
report to the Court and the victim any assault by the perpetrator, the perpetra
tor’s failure to comply with any condition imposed by the Court or probation
department, and any threat of harm made by the perpetrator.