[1]
Note: Former Ch. 2.12, Sexual Offender Registration, was moved to Ch. 6.01 by Res. 16-A-085, 6/27/2016.
(a) 
The Port Gamble S’Klallam Tribe exercises Special Tribal Criminal Jurisdiction as a participating tribe, as defined within 25 U.S.C. §§ 1302 through 1304, subject to applicable exceptions defined therein.
(b) 
Notwithstanding any other provision of law, in addition to all powers of self-government recognized and affirmed by 25 U.S.C. §§ 1302 through 1304, the powers of self-government of PGST include the inherent power to exercise Special Tribal Criminal Jurisdiction over all persons.
(c) 
In all proceedings in which the Tribal Court is exercising Special Tribal Criminal Jurisdiction as a participating tribe, all defendants shall have all rights afforded by this Title, in addition to the rights enumerated in the Indian Civil Rights Act, 25 U.S.C. §§ 1302 through 1304. Should there be any inconsistency between this Title and 25 U.S.C. §§ 1302 through 1304, those of 25 U.S.C. §§ 1302 through 1304 shall apply.
(Res. 23-A-019, 1/24/2023)
(a) 
The Tribe exercises Special Tribal Criminal Jurisdiction over a defendant for criminal conduct that falls into one or more of the following categories as they are defined in Title 5.10, which includes:
(1) 
Domestic Violence;
(2) 
Child Violence;
(3) 
Sexual Violence;
(4) 
Sex Trafficking;
(5) 
Violation of a Protection Order;
(6) 
Stalking;
(7) 
Assaults Against Justice Personnel; and
(8) 
Obstruction of Justice.
(Res. 23-A-019, 1/24/2023)
(a) 
A defendant must exhaust all available Tribal remedies before filing for a writ of habeas corpus in federal court to challenge the legality of their detention under 25 U.S.C. § 1303, unless there is an absence of an available Tribal corrective process or circumstances exist that render the Tribal corrective process ineffective to protect the rights of the applicant.
(b) 
Exhaustion of Tribal remedies includes all of the following, if available:
(1) 
Exercising all available Tribal court appeals processes; and
(2) 
Filing a Tribal writ of habeas corpus pursuant to Chapter 2.09.
(Res. 23-A-019, 1/24/2023)