16-2.02 Violation of Pledge. Any person who shall violate his pledge shall be required to serve the original
sentence as penalty for the violation of his pledge.
16-2.03 Terms and Conditions of Probation. The Tribal Court shall have the same power to provide for
terms and conditions of probation, as do the Superior Courts of the State of Washington.
16-2.04 Probation Officer.
(a) Probation Office - The purpose of the Tribal Probation Office include the protection of the
Spokane Indian Reservation community by providing for the acceptance of custody and supervision
and rehabilitation of offenders placed on probation by the Tribal Court. The Probation Office shall
be a division of the Tribal Court. The Office of Tribal Probation shall consist of one or more
Probation Officers and such other personnel as may be deemed necessary by the Tribal Court and
approved by Tribal Court.
(b) Eligibility - Upon approval by the Tribal Court, any person holding the title of Probation Officer
may have the authority to
(1)
perform law enforcement search and arrest of supervised offenders; and/or
(2)
carry a firearm if they have successfully completed the minimum law enforcement
training required of Tribal Police Officers. The Probation Office may employ classes
of employees who assist with the duties of the Probation Office, but who do not
have law enforcement authority and who are not required to complete law
enforcement training.
(c) Law Enforcement Authority - A Probation Officer, in his or her supervision of an offender,
possesses all the authority of a Tribal Law Enforcement Officer, including without limitation, the
authority:
(1)
To carry firearms, including concealed firearms when necessary;
(2)
To request a Judge of the Tribal Court to issue a warrant for arrest of the
supervised offender, or for search and seizure of the offender’s person or property,
or for such orders as are necessary to carry out the functions of the Probation
Office;
(3)
To arrest a supervised offender without a warrant for violation of a condition of
probation and commit the offender to incarceration by providing Tribal Police with a
statement that the Probation Office has found probable cause to believe the
offender has violated the conditions of his or her release pursuant to Section 35.01(b); and
(4)
To conduct a search in accordance with the provisions of section 3-6.05, except that
a Probation Officer may also conduct a warrantless search 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.
(d) Duties and Responsibilities - Probation Officers shall carry out the following duties:
(1)
Supervise a probationer when requested to do so by the Tribal Court, and in accord
with the conditions set by the Court in the judgment and sentence;
(2)
Communicate to a probationer the terms conditions and specific guidelines that
must be met during the probationary period. Assure that a copy of the conditions of
probation is signed and given to him or her;
(3)
Regularly advise and consult with the supervised offender to encourage him or her
to improve his or her condition.
(4)
Attend court hearings and prepare necessary written reports to present to the Court
in sentencing review hearings, show cause hearings, probation violation hearings.
Prepare regular and routine reports to the Court as to defendants’ progress with his
or her compliance with probation.
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Revised Spokane Law & Order Code, 5/14/2013