[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on May 29, 2019.]
(a)
"Crime Victim" means a person directly and proximately harmed as
a result of the commission of an offense under the laws of the Grand
Traverse Band. In the case of a crime victim who is under 18 years
of age, incompetent, incapacitated, or deceased, the legal guardians
of the crime victim or the representatives of the crime victim's estate,
family members, or any other persons appointed as suitable by the
court, may assume the crime victim's rights under this chapter, but
in no event shall the defendant be named as such guardian or representative.
(b)
"Multidisciplinary Child Abuse Team" means a professional unit composed
of representatives from health, social service, law enforcement, and
legal service agencies to coordinate the assistance needed to handle
cases of child abuse.
A crime victim has the following rights:
(a)
The right to be reasonably protected from the accused.
(b)
The right to reasonable, accurate, and timely notice of any public
court proceeding, or any parole proceeding, involving the crime or
of any release or escape of the accused.
(c)
The right not to be excluded from any such public court proceeding,
unless the court, after receiving clear and convincing evidence, determines
that testimony by the victim would be materially altered if the victim
heard other testimony at that proceeding.
(d)
The right to be reasonably heard at any public proceeding in the
district court involving release, plea, sentencing, or any parole
proceeding.
(e)
The reasonable right to confer with the attorney for the government
in the case.
(f)
The right to full and timely restitution as provided in law.
(g)
The right to proceedings free from unreasonable delay.
(h)
The right to be treated with fairness and with respect for the victim's
dignity and privacy.
(i)
The right to be informed in a timely manner of any plea bargain or
deferred prosecution agreement.
(j)
The right to be informed of the rights under this section and any
services offered by GTB.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on May 29, 2019.]
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on May 29, 2019.]
In any court proceeding involving an offense against a crime
victim, the court shall ensure that the crime victim is afforded the
rights described in Section 502. Before making a determination described
in Section 502(c), the court shall make every effort to permit the
fullest attendance possible by the victim and shall consider reasonable
alternatives to the exclusion of the victim from the criminal proceeding.
The reasons for any decision denying relief under this chapter shall
be clearly stated on the record.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on May 29, 2019.]
(a)
Government. Officers and employees of the Office of the Prosecutor,
Public Safety, and other GTB departments and agencies engaged in the
detection, investigation, or prosecution of crime shall make their
best efforts to see that crime victims are notified of, and accorded,
the rights described in Section 502.
(b)
Advice of Attorney. The prosecutor shall advise the crime victim
that the crime victim can seek the advice of an attorney with respect
to the rights described in Section 502.
(c)
Notice. Notice of release otherwise required pursuant to this chapter
shall not be given if such notice may endanger the safety of any person.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on May 29, 2019.]
(a)
Rights. The crime victim or the crime victim's lawful representative,
and the attorney for the government may assert the rights described
in Section 502. A person accused of the crime may not obtain any form
of relief under this chapter.
(b)
Multiple Crime Victims. In a case where the court finds that the
number of crime victims makes it impracticable to accord all of the
crime victims the rights described in Section 502, the court shall
fashion a reasonable procedure to give effect to this chapter that
does not unduly complicate or prolong the proceedings.
(c)
Motion for Relief and Writ of Mandamus. The rights described in Section
502 shall be asserted in the Tribal Court. The court shall immediately
take up and decide any motion asserting a victim's right. If the court
denies the relief sought, the movant may petition the GTB Appellate
Court for a writ of mandamus. The Appellate Court may issue the writ
on the order of a single judge pursuant to GTB Court Rules. The Appellate
Court shall take up and decide such application within 72 hours after
the petition has been filed. In no event shall proceedings be stayed
or subject to a continuance of more than five days for purposes of
enforcing this chapter. If the Appellate Court denies the relief sought,
the reasons for the denial shall be clearly stated on the record in
a written opinion.
(d)
Error. In any appeal in a criminal case, the government may assert
as error the court's denial of any crime victim's right in the proceeding
to which the appeal relates.
(e)
Limitation on Relief. In no case shall a failure to afford a right
under this chapter provide grounds for a new trial. A victim may make
a motion to re-open a plea or sentence only if:
(f)
No Cause of Action. Nothing in this chapter shall be construed to
authorize a cause of action for damages or to create, to enlarge,
or to imply any duty or obligation to any victim or other person for
the breach of which the Grand Traverse Band or any of its officers
or employees could be held liable in damages. Nothing in this chapter
shall be construed to impair the prosecutorial discretion of the prosecutor
or any officer under his direction.
(a)
Purpose. GTB recognizes that intergenerational trauma is perpetuated
when children are victims or witnesses of crimes of violence. In an
effort to end the cycle of intergenerational trauma and victimization,
GTB supports the nurturing and protecting of children who are victims
or witnesses to the greatest extent possible.
(b)
In General. A multidisciplinary child abuse team shall be used when
it is feasible to do so. The court shall work with GTB departments,
external entities, and state and local governments that have established
multidisciplinary child abuse teams designed to assist child victims
and child witnesses, and the court and the attorney for the Government
shall consult with the multidisciplinary child abuse team as appropriate.
(c)
Role of Multidisciplinary Child Abuse Teams. The role of the multidisciplinary
child abuse team shall be to provide for a child services that the
members of the team in their professional roles are capable of providing,
including:
(1)
Medical diagnoses and evaluation services, including provision or
interpretation of x-rays, laboratory tests, and related services,
as needed, and documentation of findings;
(2)
Telephone consultation services in emergencies and in other situations;
(3)
Medical evaluations related to abuse or neglect;
(4)
Psychological and psychiatric diagnoses and evaluation services for
the child, parent or parents, guardian or guardians, or other caregivers,
or any other individual involved in a child victim or child witness
case;
(5)
Expert medical, psychological, and related professional testimony;
(6)
Case service coordination and assistance, including the location
of services available from public and private agencies in the community;
and
(7)
Training services for judges, litigators, court officers and others
that are involved in child victim and child witness cases, in handling
child victims and child witnesses.
