A.
At all stages of a criminal proceeding under this chapter, the Court
shall take steps necessary to ensure that a victim's address
or location is kept confidential from members of the public, except
that the address or location may be revealed, with the victim's
consent, to the attorneys for the parties to the case. Defense counsel
may not reveal to his or her client the address or location of the
victim without authorization of the Court. The Court may order release
of the information to other persons upon good cause shown.
B.
Upon Court approval a petitioner in a civil matter or a victim of
domestic violence in a criminal matter may use a safe house address
as his or her address for service of process and other purposes, or
address of any other home that provides temporary refuge.
A.
Any person arrested for a crime involving domestic violence, family
violence, or violation of a protection order or no-contact order shall
be held in custody without bail pending the person's first appearance
before the Court, at which time bail and conditions of release shall
be established. Thereafter the Court shall consider the following
factors when setting bail:
(2)
The person has been charged with obstructing justice by having threatened,
injured, or intimidated a judge, witness, or juror, or has attempted
such threat, injury or intimidation;
(3)
There is strong likelihood of flight to escape trial. This requires
a documented history of such flight, or evidence or circumstances
indicating that such flight is potential; or
(4)
The person represents a danger to the community. This requires a
pattern of behavior evidenced by past and present conduct and no conditions
for release are available which would reasonably assure the safety
of the community.
B.
No-contact order. Because of the likelihood of repeated violence
directed at those who have been victims of domestic violence or family
violence, when any person is arrested for or charged with a crime
of domestic violence or family violence, the Court may issue a no-contact
order prohibiting the defendant from having any contact with the victim.
Chapter 10, Court Rules for Restraining Orders, or any successor rules
shall apply, if applicable. Such an order shall be entered at the
first ex parte hearing with no additional hearing required.
C.
Other considerations.
(1)
No ex parte bench warrant quash. A warrant issued in a domestic violence
or family violence crime cannot be quashed without notice to the Prosecutor
and a hearing.
(2)
Bail. A bond is not available unless approved by the Court and after
input from the Prosecutor.
(3)
The use of GPS monitoring may be required pretrial or post-trial
at the recommendation of the Prosecutor or Probation Officer and at
the defendant's expense.
(4)
Other conditions. The Court may order any other lawful relief as
it deems necessary for the protection of any claimed or potential
victim of domestic violence or family violence, including orders or
directives to the NHBP Police Department.
In addition to the rules of Court generally applicable to criminal
proceedings, the Court is authorized to take the following actions
in proceedings of alleged domestic violence or family violence:
A.
If the alleged perpetrator pleads or is found guilty, the Court,
in its discretion, may order the NHBP Probation Department to prepare
a presentence report prior to sentencing.
B.
If it appears to the Court that alcohol or drugs played a part in
the crime, a chemical dependency evaluation with a treatment plan
may be ordered prior to sentencing immediately after a guilty plea,
plea of no contest, or conviction, at the discretion of the Court.
C.
Upon a guilty plea, conviction, or other disposition, the Court may
issue a no-contact order prohibiting the defendant from having any
contact with the victim irrespective of whether the victim consents.
(1)
If a perpetrator is excluded from the residence of or ordered to
stay away from the victim, an invitation by the victim to the perpetrator,
and any acceptance of that invitation, does not waive or nullify an
order for protection. Further, the victim cannot be considered by
such invitation as having violated, or be subject to arrest for a
violation of his/her own ex parte or permanent order of protection.
D.
Upon a guilty plea, conviction, or other disposition, the perpetrator
shall be ordered to participate in a certified domestic violence perpetrator
treatment program. The certified domestic violence perpetrator treatment
program that the court orders a perpetrator to attend must consist
of at least the following:
(1)
The perpetrator shall attend and cooperate in an intake session for
a domestic violence perpetrator's treatment program.
(2)
The intake shall be completed by the perpetrator treatment program
not later than 10 calendar days after entry of the order requiring
treatment, unless the Court extends that time period for good cause
shown.
(3)
A copy of the recommended treatment plan shall be provided to the
Court.
(4)
In the discretion of the Court, the perpetrator's participation
in treatment sessions based on the domestic violence program's
treatment plan may be in lieu of confinement and/or fine, or the execution
of any such penalty may be suspended pending completion of the treatment
ordered by the Court. However, once this service is ordered it must
be completed prior to dismissal unless probation is revoked.
(5)
The domestic violence program or other services provider shall submit
written progress reports to the Court at least every six (6) calendar
weeks.
When entering a judgment upon conviction for a crime involving
domestic violence, family violence, or stalking, the Court shall:
A.
Consider the entry of orders for the protection of the victim, including
those set out within this chapter;
B.
Order restitution as warranted; and
C.
Order appropriate domestic violence perpetrator's treatment.
(1)
For the purposes of this section, a domestic violence perpetrators'
treatment intake assessment should include the following considerations:
an official copy of current and past criminal history; all violence
history whether or not it resulted in a conviction; family and cultural
issues; substance abuse issues; and a treatment plan that adequately
and appropriately addresses the treatment needs of the individual.
The intake may not be based solely on the defendant's self-report,
and the evaluator must make reasonable efforts to contact the victim.
The defendant must sign privacy releases for the evaluator to obtain
any confidential information that is necessary to the evaluation.
(2)
Satisfactory completion of domestic violence treatment required under
this section must be based on meeting treatment goals, not merely
the completion of a certain period of time or certain number of sessions.
The treatment must focus on ending the violence and holding the defendant
accountable for his or her behavior. The treatment must include education
about the individual, family, and cultural dynamics of domestic violence.
Treatment must include education about the effects of domestic violence
on children. The defendant must sign privacy releases for the treatment
provider to obtain any confidential information that is necessary
to the treatment. The defendant must also sign a release for the treatment
provider to provide information to the Prosecutor or probation office
in order to monitor compliance with the Court order.
D.
The Court may, in its discretion, order any other lawful relief as
it deems necessary for the protection of any claimed, alleged or potential
victim of domestic violence or family violence, including orders or
directives to the NHBP Police Department.
A.
Upon conviction of a crime of domestic violence, the perpetrator
shall be required to complete a domestic violence perpetrator's
treatment program or one approved by the Court.
B.
Upon conviction of a crime involving family violence, the perpetrator
shall be required to complete a NHBP presentence investigation to
determine whether treatment is appropriate.
C.
The Court may, at the request of the Prosecutor or as provided in
the exclusion code,[1] issue an order of exclusion which excludes the perpetrator from all or a portion of the NHBP Indian Reservation and territory consistent and subject to the provisions as set forth in § 8.16-5, Grounds for exclusion; § 8.16-7B, Power to exclude; § 8.16-14, Exclusion resolution; and § 8.16-15, Scope and conditions of exclusion, among other relevant sections, as provided in the exclusion code.
[Amended 4-21-2016 by Res. No. 04-21-16-04]
D.
Within the Court's discretion, the Court may order publication
of the perpetrator's name and photograph in the NHBP Turtle Press
described as a domestic violence or family violence perpetrator. The
Court may not publish the victim's name(s).
E.
Within the Court's discretion, it may order any combination
of such confinement, publication, fines, fees and costs, restitution
and exclusion.
F.
The NHBP per-capita payment of any person convicted under this code
shall be withheld by order of the NHBP Court and applied to the following
until the costs and/or restitution are paid in full, to be satisfied
in the following order:
G.
If the defendant is not a tribal member, the Court shall reduce the
restitution and costs to a judgment and shall send to collections.
Attorney fees and costs of collections shall be added to the NHBP
Court judgment.
A.
In sentencing for a crime of domestic violence, family violence, or stalking as defined in Article IX, Criminal Actions and Remedies, the Court shall consider, among other factors, whether:
(1)
The firearms prohibition provisions of this chapter apply;
(2)
The defendant suffered a continuing pattern of coercion, control,
or abuse by the victim of the offense and the offense is a response
to that coercion, control, or abuse;
(3)
The offense was part of an ongoing pattern of psychological, physical,
or sexual abuse of a victim or multiple victims manifested by multiple
incidents over a prolonged period of time; and
(4)
Whether the offense occurred within sight or sound of the victim's
or the offender's minor children.
B.
In sentencing for the crime of domestic violence or family violence
as defined in this code, the Prosecutor shall provide for the Court's
review:
(1)
The defendant's criminal history, if any, that occurred under
the laws of the NHBP, any state, federal, territory, possession, Tribe
or United States military tribunal.
A.
Upon the request of the Prosecutor or the defense, the Court may
issue a material witness warrant compelling a witness to appear before
the Court. In making the request, the party must certify that:
B.
Prior statement. A prior statement is admissible as substantive evidence
at trial if the victim appears and testifies inconsistently with the
statement. In determining the admissibility of the statement, the
Court shall consider whether the statement was made subject to the
following provisions:
(1)
The witness voluntarily made the statement;
(2)
When the statement was made, there were minimal guaranties of truthfulness,
such as a sworn declaration, certified statement, or affidavit signed
before a notary. The statement should include the following:
I have read the attached statement or it has been read to me,
and I know the contents of the statement. I understand that my written
statement is made under penalty of perjury by signing below.
which should be followed by a signature and date.
(3)
The statement was taken pursuant to standard procedure; and
(4)
The witness whose statement is being offered is subject to cross-examination
when giving the subsequent statement.
