At all stages of a criminal proceeding under this chapter, the Court shall take steps necessary to ensure that a victim’s address or location is kept confidential from members of the public, except that the address or location may be revealed, with the victim’s consent, to the attorneys for the parties to the case. Defense counsel may not reveal to his or her client the address or location of the victim without authorization of the Court. The Court may order release of the information to other persons upon a showing of good cause.
Upon Court approval, a petitioner in a civil matter or a victim of domestic violence in a criminal matter may use an address of a home that provides temporary refuge as his or her address for service of process and other purposes.
(Res. 18-A-101, 9/17/2018)
A. 
Any person arrested for a crime involving domestic violence, family violence, or violation of a protection order or no-contact order shall be held in custody without bail pending the person’s first appearance before the Court, at which time bail and conditions of release shall be established. Thereafter, the Court shall consider the following factors when setting bail:
1. 
The person has been charged with a crime of violence and:
(a) 
The person has been recently convicted of another crime of violence; or
(b) 
The person has committed this offense while on probation or other release for another crime of violence;
2. 
The person has been charged with obstructing justice by having threatened, injured, or intimidated a judge, witness, or juror, or has attempted such threat, injury, or intimidation;
3. 
There is strong likelihood of flight to escape trial. This requires a documented history of such flight, or evidence or circumstances indicating that such flight is likely to occur;
4. 
The person represents a danger to the community. This requires a pattern of behavior evidenced by past or present conduct and no conditions for release are available that would reasonably assure the safety of the community; or
5. 
Any other relevant factor.
B. 
Protection Order. Because of the likelihood of repeated violence directed at those who have been victims of domestic violence or family violence, when any person is arrested for or charged with a crime of domestic or family violence, the Court may issue a protection order prohibiting the defendant from having any contact with the victim. Such an order shall be entered at the first ex-parte hearing with no additional hearing required at that time.
1. 
In issuing a protection order, the Court shall consider different bail requirements and whether the firearms prohibition provisions of this Title apply.
2. 
A protection order shall not be vacated without notice to the Prosecutor and a hearing.
C. 
Other Considerations.
1. 
No ex parte bench warrant quash. A warrant issued in a domestic violence or family violence crime cannot be quashed without notice to the Prosecutor and a hearing.
2. 
Bail is not available unless approved by the Court and after input from the Prosecutor.
3. 
The use of GPS monitoring or other electronic monitoring may be required pretrial or post-trial at the recommendation of the Prosecutor or Probation Officer and at the defendant’s expense.
4. 
The Court may order any other lawful relief as it deems necessary for the protection of any claimed or potential victim of domestic violence or family violence, including orders or directives to the PGST Police Department.
(Res. 18-A-101, 9/17/2018)
A. 
Communication with victim. In every case in which a person is arrested for or charged with a crime under this chapter, the Prosecutor shall endeavor to maintain contact with the victim throughout the criminal proceedings, either directly or through the Domestic Violence or Crime Advocate, with particular attention to the following:
1. 
Hearing dates, continuances, sentencing. The Prosecutor shall assure that the victim is informed of all hearing dates, continuances, and of the right to address the Court at any hearing, in person or in writing, regarding the victim’s assessment of the impacts of the criminal offense on the victim, the risk of further acts of domestic violence or family violence, and the conditions of sentencing necessary to ensure the safety of the victim and the victim's family and household members.
2. 
Prosecutorial decisions. The Prosecutor shall inform the victim of every major prosecutorial decision, including a decision to decline prosecution of the crime, to dismiss the charges, or to enter into a plea agreement, within five (5) calendar days of the decision and should include available resources for the victim.
3. 
Restitution. The Prosecutor shall obtain information from the victim regarding costs and losses sustained as a result of the defendant's act(s) of domestic violence or family violence and seek restitution for the victim.
(Res. 18-A-101, 9/17/2018)
In addition to the rules of the Court generally applicable to criminal proceedings, the Court may take the following actions in proceedings of alleged domestic violence or family violence:
A. 
If the alleged perpetrator pleads or is found guilty, the Court, in its discretion, may order the tribal Probation Department to prepare a pre-sentence report prior to sentencing.
B. 
If it appears to the Court that alcohol or drugs played a part in the crime, a chemical dependency evaluation with a treatment plan may be ordered prior to sentencing immediately after a guilty plea, plea of no contest, or a conviction.
C. 
Upon a guilty plea, conviction, or other outcome, the Court may issue an order of protection prohibiting the defendant from having any contact with the victim irrespective of whether the victim consents.
1. 
If a perpetrator is excluded from the residence of or ordered to stay away from the victim, an invitation by the victim to the perpetrator, and any acceptance of that invitation, does not waive or nullify an order for protection. Further, the victim cannot be considered by such invitation as having violated, or be subject to arrest for a violation of, his/her own ex parte or permanent order of protection.
D. 
Upon a guilty plea, conviction, or other outcome, the Court shall order the perpetrator to participate in any tribe or State certified domestic violence perpetrator treatment program. The perpetrator is responsible for the following:
1. 
The perpetrator shall attend and cooperate in an intake session for a domestic violence perpetrator's treatment program.
2. 
The perpetrator treatment program shall complete the intake not later than 10 calendar days after entry of the order requiring treatment, unless the Court extends that time period upon showing of good cause.
3. 
A copy of the recommended treatment plan shall be provided to the Court.
4. 
The domestic violence program or other services provider shall submit written progress reports to the Court at least every six (6) calendar weeks.
The Court has discretion to order the perpetrator to participate in treatment sessions as part of the domestic violence program’s treatment plan instead of sentencing the perpetrator to confinement and/or fine. The Court has discretion to suspend penalty of confinement and/or fine pending the completion of the treatment ordered by the Court. However, once the Court issues an order, it must be completed prior to dismissal unless probation is revoked.
(Res. 18-A-101, 9/17/2018)
When entering a judgment upon conviction for a crime involving domestic violence or family violence, the Court shall:
A. 
Consider the entry of orders for the protection of the victim, including those set out within this chapter;
B. 
Order restitution as warranted; and
C. 
Order appropriate domestic violence perpetrator's treatment.
The Court may, in its discretion, order any other lawful relief as it deems necessary for the protection of any claimed, alleged, or potential victim of domestic violence or family violence, including orders or directives to the Port Gamble S’Klallam Police Department.
(Res. 18-A-101, 9/17/2018)
A. 
Upon conviction of a crime of domestic violence, the Court may, at the request of the Prosecutor or as provided in Title 22 the Exclusion code, forward a petition for exclusion to the Tribal Council.
B. 
Upon conviction of a crime of domestic violence, the Court may request under Title 28 the Banishment Code that Tribal Council prepare a petition of banishment for the perpetrator.
C. 
The Court has discretion to order publication of a convicted perpetrator’s name and photograph in the Port Gamble S’Klallam Tribe’s weekly memo and in the monthly Syecem newspaper with the description of a domestic violence or family violence perpetrator. The Court must not publish the victim’s name(s).
D. 
The Court has discretion to order any combination of the following: confinement, publication, fines, fees, costs, restitution, petitions for exclusion, and requests for banishment petitions.
(Res. 18-A-101, 9/17/2018)
A. 
In sentencing for a crime of domestic violence or family violence, the Court shall consider, among other factors, whether:
1. 
The firearms prohibitions of this Title apply;
2. 
The defendant suffered a continuing pattern of coercion, control, or abuse by the victim of the offense and if the offense is a response to that coercion, control, or abuse;
3. 
The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of a victim or multiple victims manifested by multiple incidents over a prolonged period of time; and
4. 
The offense occurred within sight or sound of the victim’s or the offender’s minor children.
B. 
In sentencing for the crime designated as domestic violence or family violence as defined in this code, the Prosecutor shall provide for the Court’s review:
1. 
The defendant’s criminal history, if any, that occurred under the laws of the Port Gamble S’Klallam Tribe, or of any state, federal, territory, Tribe, or United States military tribunal.
2. 
For the purposes of subsection B(1) of this section, "criminal history" includes all previous convictions and orders of deferred prosecution and stipulated orders of continuance, as otherwise available to the Court or Prosecutor, before the date of sentencing.
(Res. 18-A-101, 9/17/2018)
A. 
Upon the request of the Prosecutor or the defense, the Court may issue a material witness warrant compelling a witness to appear before the Court. In making the request, the party must certify that:
1. 
The witness is material to the party's case;
2. 
The witness has failed or refused to appear before the Court; and
3. 
Other means of securing the witness's presence at trial have proved futile.
B. 
Prior statement. A prior statement, either oral or written, is admissible as substantive evidence at trial if the victim appears and testifies inconsistently with the statement. In determining the admissibility of the statement, the Court shall consider whether the statement was made subject to the following provisions:
1. 
The witness voluntarily made the statement;
2. 
When the statement was made, there were minimal guaranties of truthfulness, such as a sworn declaration, a statement made during interview with law enforcement, or affidavit signed before a notary. The statement should include the following:
“I have read the attached statement or it has been read to me, and I know the contents of the statement. I understand that my written statement is made under penalty of perjury by signing below.”
This statement shall be followed by a signature and date.
3. 
The statement was taken under the standard procedure; and
4. 
The witness whose statement is being offered is subject to cross-examination when giving the subsequent statement.
(Res. 18-A-101, 9/17/2018)