[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007.]
(a) In determining whether to order release of a person lawfully arrested
for a domestic violence crime, and, if so, under what conditions,
the court shall consider:
(1) The likelihood that the defendant will appear for further criminal
proceedings;
(2) The nature and severity of the offense;
(3) The likelihood that the defendant will commit a violent crime, seek
to intimidate a witness, or unlawfully interfere with the administration
of justice;
(4) The criminal history of the defendant, with particular emphasis on
prior acts of domestic violence and other assaultive crimes.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007.]
(a) If the court finds that the defendant should be released pending
further criminal proceedings, the court may impose one or more of
the following conditions of release:
(1) Posting of bond in an amount deemed adequate to guarantee the appearance
of the defendant throughout the criminal proceedings;
(2) Postponing release until after a further "cooling off" period not
to exceed 120 hours;
(3) An order to commit no further acts of domestic violence or exhibit
any assaultive behavior;
(4) An order not to contact, harass, annoy, telephone, or otherwise communicate,
directly or indirectly, with the alleged victim, the alleged victim's
family or household members, or any witness to the alleged act of
domestic violence, except that essential contact may be made through
application to the court;
(5) An order to vacate, or stay away from the victim's residence, even
if it is a shared residence or principally owned by the alleged perpetrator;
(6) An order to stay away from any well-defined geographic area, including,
but not limited to, residence, workplace, school or daycare of the
alleged victim, the alleged victim's family or household members,
or any witness to the alleged act of domestic violence;
(7) An order prohibiting the possession or use of any firearm or other
weapon specified by the court, and to turn such weapon over to law
enforcement for safekeeping;
(8) An order prohibiting the person from possessing or consuming alcohol
or controlled substances and from being at any place where alcohol
is served or being consumed. The court may order physical, mechanical,
chemical or electronic testing to assure compliance.
(9) Any other order the court believes is reasonably necessary to protect
and ensure the safety of the alleged victim or family or household
member, or to ensure the appearance of the person at subsequent court
proceedings.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007.]
(a) When pre-trail release conditions are imposed on an alleged perpetrator,
the court shall issue a written order containing the conditions of
release and a statement, in either bold face type or capital letters,
that substantially informs the released person that:
"Violation of this order is a criminal offense and will subject
the violator to arrest. You can be arrested even if any person protected
by the order invites or allows you to violate it. You have the sole
responsibility to fully comply with all of the order's provisions."
(b) The court shall immediately distribute a copy of the order to law
enforcement and direct law enforcement to provide a copy to the alleged
perpetrator upon his or her release. Failure to provide the person
with a copy of the conditions of release does not invalidate the conditions
if the arrested or charged person had notice of the conditions.
[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.]
If a criminal complaint is not filed prior to the in-custody
hearing or by the arraignment date, then any condition of pre-trial
release ordered by the court shall expire.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007.]
When a person who has been arrested for a crime under this code
is released from custody, the Court shall direct law enforcement to
use all reasonable means to notify the victim and/or the victim's
advocate that the person is being released and to furnish the victim
with a copy of the conditions of release.
[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) When a law enforcement officer has probable cause to believe that
a person has violated a condition of release imposed by the court
after an arrest or detention for allegedly committing a domestic violence
crime, the officer shall, without a warrant, arrest the alleged violator.
(b) A person arrested for violation of pre-trial release conditions shall
not be released from detention until 72 hours after arrest unless
a court hearing is held prior to the expiration of the seventy-two-hour
period.
[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) Because of the serious nature of domestic violence, the court in
domestic violence cases shall not:
(1) Dismiss any charge or delay disposition because of concurrent dissolution
or other civil proceedings;
(2) Require proof that either party is seeking dissolution of marriage
prior to instigation of criminal proceedings;
(3) Disclose the alleged victim's location to any person upon a showing
that there is a possibility of further violence. When the victim's
location is not disclosed, any communication with the victim by the
attorney of the defendant, or any other person, shall be conducted
through the victim's advocate or the court.
(4) Subject a victim to a lie-detector test.
(5) Dismiss a criminal case involving domestic violence for the sole
reason that civil settlement or compromise is reached. Evidence of
a civil settlement or compromise shall not be admissible in the criminal
proceeding as evidence of consciousness of guilt or innocence, or
an admission against interest. It shall not be used to impeach a victim's
testimony.
(6) Order peacemaking or mediation in cases involving domestic violence.
(b) When the court dismisses criminal charges or a prosecutor moves to
dismiss charges against a defendant accused of a crime involving domestic
violence, the specific reasons for the dismissal must be recorded
in the court file. The prosecutor shall indicate the specific reason
why any witnesses are unavailable and the reasons the case cannot
be prosecuted. Any dismissal of a complaint by the court, for any
reason other than insufficient evidence, may be appealed by the Tribe
or the victim to the GTB Appellate Court.