[History: Tribal Act #07-25.1862, enacted by Tribal Council on December 19, 2007; and amended by Tribal Council motion at a Tribal Council Special Session on October 31, 2018.]
(a)
A person commits the crime of domestic violence when:
(1)
The person engages in any of the following acts against a family or household members or person in a dating relationship.
(b)
First Offense: Any person who commits a crime of domestic violence with no prior conviction of domestic violence in any jurisdiction shall be deemed guilty of the first offense of domestic violence. A person convicted of a first offense of domestic violence shall be imprisoned, for a term of not less than 3 days or more than one year and shall be fined an amount not less than $100 or more than $5,000. A domestic violence assessment and a requirement that the defendant follows through with the recommendations made in the assessment shall be part of sentencing as well as restitution when appropriate.
(c)
Second Offense: A person convicted of a second offense of domestic violence shall be imprisoned for a term of not less than 30 days or more than one year and fined an amount not less than $500 or more than $5,000. Mandatory counseling shall be part of sentencing as well as restitution when appropriate.
(d)
Third and Subsequent Offense: A person convicted of a third or subsequent offense of domestic violence shall be imprisoned for a term of not less than 93 days or more than one year and fined an amount not less than $1,000 or more than $5,000. Mandatory counseling shall be part of the sentencing as well as restitution when appropriate.
(e)
Availability of Deferral of Sentence for First-Time Offender.
(1)
An individual who has not been convicted previously of an assaultive crime may plead guilty to a violation in Title 9, Chapter 2 or 3 of the Tribal Code and the victim of the assault is the offender's spouse or former spouse, an individual who has had a child in common with the offender, an individual who has or has had a dating relationship with the offender, or an individual residing or having resided in the same household as the offender. The court, without entering a judgment of guilt and with the consent of the accused and of the prosecuting attorney in consultation with the victim, may defer further proceedings and place the accused on probation as provided in this section. Before deferring proceedings under this subsection, the court shall consult any resource that may have knowledge that the accused has previously been convicted of an assaultive crime or has previously availed himself or herself of this section. If the search of the records reveals an arrest for an assaultive crime but no disposition, the court shall consult the arresting agency and the court that had jurisdiction over the violation to determine the disposition of that arrest.
(2)
Upon a violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided in this section.
(3)
An order of probation entered under this chapter may include any condition of probation authorized under the Tribal Code or Court Rules, including, but not limited to, requiring the accused to participate in a mandatory counseling program. The court may order the accused to pay the reasonable costs of the mandatory counseling program. The court also may order the accused to participate in drug court. The court may order the defendant to be imprisoned for not more than 12 months at the time or intervals, which may be consecutive or nonconsecutive and within the period of probation, as the court determines. However, the period of imprisonment shall not exceed the maximum period of imprisonment authorized for the offense if the maximum period is less than 12 months.
(4)
The court shall enter an adjudication of guilt and proceed as otherwise provided in this chapter if any of the following circumstances exist:
(f)
For Second and subsequent Convictions: The Court may suspend up to half of the imposition of fines and imprisonment for domestic violence offense(s) on the condition that the perpetrator is placed on probation for not less than one year and completes domestic violence counseling or treatment as ordered. Failure to comply with terms of probation shall result in the completion of the original sentence.
(g)
Revenue from Fines: Revenue from fines may be used to help defray the costs of services required under this code for defendants who demonstrate that they are unable to afford mandatory services.