(a) Authority of the Port Gamble S’Klallam Police Department. A tribal law enforcement officer may arrest and detain an individual based on a valid arrest warrant or on a reasonable belief that a warrant has been issued by a competent jurisdiction other than the Port Gamble S’Klallam Tribe. Upon notice or receipt of a valid warrant or a reasonable belief that a warrant has been issued, tribal law enforcement may immediately apprehend and detain the person named in the warrant.
If law enforcement from another jurisdiction is in “hot pursuit” of a person based on probable cause to believe that the person has committed a felony offense, and the PGST police department is requested to assist, a PGST law enforcement officer may detain the person within the jurisdiction of the Port Gamble S’Klallam Tribe without first receiving notice or receipt of a valid warrant or a reasonable belief that a warrant has been issued.
(b) Request for Extradition - Requirement. The Port Gamble S’Klallam Police Department must receive verbal or written confirmation from the jurisdiction requesting extradition that a warrant is active and valid before initiating extradition.
If PGST law enforcement has detained a non-tribal member during a “hot pursuit” within the jurisdiction of the Port Gamble S’Klallam Tribe, PGST law enforcement may initiate extradition without receiving confirmation of an active and valid warrant.
(c) Procedure for Extradition. When a tribal police officer detains a person based on a valid arrest warrant or on a reasonable belief that a warrant has been issued by a competent jurisdiction, the officer shall notify the jurisdiction of the arrest and confirm that the jurisdiction requests extradition.
When tribal law enforcement receives an extradition request from a competent jurisdiction to arrest a PGST tribal member, the arresting tribal police officer shall immediately contact a Judge from the PGST Court. The officer shall advise the Judge of the extradition request. Tribal law enforcement officers are not required to contact a judge for extradition requests of non-tribal members.
Once the Judge is satisfied that an extradition request is consistent with applicable tribal law and that the person in custody is the same person named in the extradition request, the Judge may authorize the person to be delivered to the proper authorities of the requesting jurisdiction. If the Judge is not satisfied that an extradition request is consistent with applicable tribal law or that the person in custody is the same person named in the extradition request, the Judge may authorize the person to be released.
If a person is not yet under arrest but is known or suspected to be present on the PGST Reservation, tribal law enforcement may coordinate with the requesting jurisdiction to execute a warrant. A tribal police officer or representative must be present when any warrant is executed by an outside jurisdiction upon lands within the exclusive jurisdiction of the Port Gamble S’Klallam Tribe.
If a PGST Judge has any concerns with an extradition request, the Judge may order the person held on bail or released on his/her personal recognizance to appear at a fact-finding hearing within seventy-two (72) hours excluding weekends and tribal holidays.
(d) Confinement of Prisoner. Any person detained or arrested for extradition may be either transferred to representatives of the foreign jurisdiction immediately, or detained in a jail facility authorized by the Tribe to await transfer to the other jurisdiction for a period not to exceed seventy-two (72) hours, excluding weekends and tribal holidays, from the time of arrest.
If the requesting jurisdiction cannot take custody of the person within seventy-two (72) hours, the person shall be immediately released.
(e) Extradition From Other Jurisdiction to PGST Jurisdiction. The Port Gamble S’Klallam Tribal Council may request that the proper authorities of another competent jurisdiction deliver to the custody of the Port Gamble S’Klallam Tribe any person subject to PGST jurisdiction who is charged with having committed a crime within PGST jurisdiction and who has fled from the jurisdiction of the Port Gamble S’Klallam Court.
(Res. 12-A-009, 1/9/2012, amending the extradition process to remove discretion from the Tribal Council and requiring a fact finding hearing, when requested, to occur in 72 hours instead of a “reasonable” time; Res. 14-A-123, 9/22/2014, amended this section to remove the requirement to hold a hearing before extradition could take place and to include the ability of PGST law enforcement to detain and extradite a person when requested to do so by another jurisdiction that is in “hot pursuit” of the person; Res. 21-A-102, 7/26/2021 amended 2.01.02 c) to exclude weekends and tribal holidays from the allowable hold time; and, amended 2.01.02 d) to extend the allowable detention time from forty-eight hours to seventy-two hours.)