The Port Gamble S’Klallam Tribe has established a Probation Department (hereafter “the Department”) for the purpose of protecting the community by providing for the custody, supervision, and rehabilitation of offenders placed on probation by the Tribal Court. The Court has the authority to use probation as a sentencing option.
The Department shall be a division of the Court and shall consist of at least one probation officer and such other personnel as may be deemed necessary by the Court and approved by Tribal Council.
(Res. 15-A-004, 3/23/2015, created Chapter 2.08 Probation to assist and guide the Port Gamble S’Klallam Tribe’s current Probation Department and to recognize the importance of the probation program in offering an alternative to immediate imposition of the full terms of a criminal sentence.)
Port Gamble S’Klallam probation is a privilege. The PGST probation program offers an alternative to immediate imposition of the full terms of a criminal sentence while continuing to hold defendants accountable for their criminal actions.
The Port Gamble S’Klallam Tribe finds and declares that probation is a desirable disposition of appropriate criminal cases for the following reasons:
(a) 
Probation provides a framework by which the Tribe can supervise positive rehabilitative measures imposed on an offender by the Court, with the goals of freedom from chemical dependency and of deterring future criminal behavior;
(b) 
The offender remains under the authority of the Court while engaging in the educational, therapeutic, and community restorative pursuits that add up to a successful rehabilitation;
(c) 
Probation affirmatively promotes the rehabilitation of the offender by continuing community contacts;
(d) 
Probation provides a means to hold the offender accountable in a less restrictive setting than incarceration; and
(e) 
Probation minimizes the impact of the conviction upon innocent dependents of the offender.
(Res. 15-A-004, 3/23/2015)
Port Gamble S’Klallam Tribal probation officers who supervise adult offenders are vested with the authority to:
(a) 
Make personal contact with the offender on a regular basis at regularly scheduled probation appointments, at home visits, and at other means of contact.
(b) 
When necessary, alter the frequency of personal contact that the officer has with the offender.
(c) 
Require the offender to undergo drug and alcohol testing.
(d) 
Verify offender’s employment, school, and vocational training.
(e) 
Conduct a search in accordance with the provisions of Chapter 2.03 of this Title. Additionally, a probation officer may also request a warrantless search by law enforcement of the supervised offender’s person or personal effects, or any vehicle or residence that is under the custody and control of the offender, if the supervised offender has consented to such searches in writing as a condition of probation.
(f) 
Request orders from the Court that are necessary to carry out the functions of the Probation Department. Requested orders include, but are not limited to, a motion to the Court to issue a warrant for the arrest of a supervised offender for offenders who do not comply with supervision conditions.
(Res. 15-A-004, 3/23/2015)
If a supervised offender fails to comply with conditions of probation, a probation officer or tribal prosecutor may file a motion for an order to show cause or for an Admit/Deny hearing for revocation of probation, supported by affidavit or declaration, to the Court. A supervised offender is not entitled to a bail review hearing. A supervised offender is entitled to be represented by a spokesperson or a licensed attorney.
A violation of condition is deemed to be a knowing violation if the probationer signed and was given a copy of the conditions of probation as contained in the final Judgement and Sentencing Order.
A supervised offender who is arrested for a probation violation and who remains incarcerated after the arrest shall appear at an Admit/Deny probation revocation hearing on the first court date after arrest. If incarcerated, a supervised offender shall be served notice of the Admit/Deny revocation hearing when brought to court on the date of the hearing. The supervised offender may request a continuance to allow for time to respond to the motion.
A supervised offender is entitled to a hearing before the Court revokes the offender’s probation. Supervised offenders do not have a right to a jury trial at a revocation hearing.
The Court shall determine the appropriate disposition of a motion for revocation by balancing the supervised offender’s interest in liberty, employment, family ties, responsibilities, health, community ties, or other interest(s) against the Tribe’s interest in rehabilitation, public safety, victim(s’) rights, and the offender’s duty to comply with each condition of probation.
(Res. 15-A-004, 3/23/2015; Res. 20-A-072, 7/28/2020, amended this section to clarify the process after a supervised offender violates conditions of probation.)
If tribal law enforcement or probation officers have reasonable cause to believe that a supervised offender is in violation of any condition of the offender’s probation, including but not limited to, refusal to consent to a Portable Breath Test (PBT) or other testing procedure, then tribal law enforcement or probation officers are authorized to immediately arrest the offender without a warrant or further court order. The arresting officer shall notify the tribal prosecutor as soon as possible after the offender’s arrest.
(Res. 15-A-168, 12/9/2015, created Section 2.08.05 Failure to Comply—Automatic Pickup to allow tribal law enforcement and probation officers to arrest probation offenders for failure to comply with probation requirements and for probation violations; Res. 20-A-072, 7/28/2020, amended this section to remove language on probable cause hearings.)
A probation admit/deny or revocation hearing shall include the following:
(a) 
Upon receipt of a motion for show cause, admit/deny revocation of probation hearing, the Court shall issue an order to the alleged offender to appear at a stated date and time. If the supervised offender is not incarcerated, he or she shall be entitled to notice of the hearing at least five days prior to the date set for the hearing.
(b) 
A motion for revocation must be filed during the period of probation or within five (5) days after the period of probation ends if the supervised offender’s violation of conditions occurred within the final forty-eight (48) hours prior to the end of the period. Once a motion for revocation has been timely filed, any expiration of the probation period does not deprive the Court authority to hear the matter and to impose the full terms of the sentence.
(c) 
The hearing on the motion for revocation shall be limited to issues related to the supervised offender’s compliance or noncompliance with the conditions of probation.
If the supervised offender admits to violating a condition of probation, the Court may revoke the probation after the offender has had the opportunity to offer testimony or evidence regarding any circumstances tending to mitigate the violation.
If the supervised offender does not admit to violating a condition of the probation, the prosecutor or probation officer has the burden of proving by a preponderance of the evidence that the offender violated a condition of the probation.
(Res. 15-A-004, 3/23/2015; Res. 20-A-072, 7/28/2020, amended this section to add language on an admit/deny hearing and to clarify the court process after a supervised offender has violated probation.)
If, by a preponderance of the evidence, the Court finds that the accused person has failed to comply with the conditions of probation, the Court may:
(a) 
Impose the entire suspended sentence or a substantial portion to satisfy the judgment;
(b) 
Impose a portion of the suspended sentence originally ordered and allow the defendant to continue on probation on the same, changed, or additional conditions;
(c) 
Impose sanctions, including incarceration, and impose a final sentence and terminate the defendant’s period of probation.
The parties may negotiate and present to the Court for approval a proposed judgment on the probation violation. By agreement, the parties can extend the probation period beyond the original expiration date. The Court may accept or reject the proposed judgment and impose its own remedy consistent with this section.
(Res. 15-A-004, 3/23/2015)
In cases of restitution nonpayment probation violations, if the Court determines that (1) the offender’s nonpayment was not attributable to an intentional refusal to pay, or (2) the offender did make a good faith effort to make the ordered payments, the Court may modify the original sentence, judgment, or order to give the offender additional time to pay the fine or restitution.
(Res. 15-A-004, 3/23/2015)
A defendant may file a motion for reinstatement of revoked probation if the original order permits such filing. The defendant must serve at least six months of an ordered sentence before filing a motion to the Court to reinstate probation and the original criminal judgment, less any days served or fines paid subsequent to revocation. The defendant’s motion must:
(a) 
Show good cause for reinstatement and that the interests of justice warrant the reinstatement of probation;
(b) 
Be filed prior to the completion of the sentence imposed on revocation; and
(c) 
Be served to the prosecutor and the probation office with notice and opportunity to consent or oppose the reinstatement of probation.
The defendant may only be reinstated on probation one time on a criminal matter, but in no case shall the defendant be entitled to automatic probation reinstatement.
(Res. 15-A-004, 3/23/2015)