29-4.07 Surrender of Deadly Weapon and Prohibition of Possession. If the court has probable cause to
believe that the person charged or arrested is likely to use or display or threaten to use a deadly weapon in
any further acts of violence, the court may also require that person to surrender any deadly weapon in that
person's immediate possession or control, or subject to that person's immediate possession or control and
prohibit the person from possessing a deadly weapon.
Legislative History-Enacted 4/07/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
29-4.08 Presentence Report. If the alleged perpetrator pleads guilty, a pre-sentence report may be ordered
at the discretion of the Court prior to sentencing.
Legislative History-Enacted 4/07/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
29-4.09 Alcohol and Drug Evaluation. If it appears to the Court that alcohol or drugs played a part in the
abuse, the Court may order a chemical dependency evaluation prior to sentencing.
Legislative History-Enacted 4/07/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
29-4.10 Guilty Plea or Conviction. Upon a guilty plea of conviction, the defendant shall be ordered to
participate in an appropriate domestic violence program consisting of at least the following:
(a) The defendant shall attend and cooperate in an intake session for evaluation.
(b) The evaluation shall be completed by a Court approved evaluator for domestic violence, or the
Spokane Tribal Domestic Violence Program, not later than 14 calendar days after entry of the
order requiring evaluation, unless the Court extends that time period.
(c) The defendant shall sign the necessary waiver of confidentiality for the treatment provider to
provide a copy of the evaluation and recommended treatment plan which shall be provided to
the Court and the parties.
(d) In the discretion of the Court the execution of any monetary or jail penalty may be suspended
pending completion of the treatment ordered by the Court.
(e) The domestic violence program and/or other service provider shall submit progress reports to
the Court at least once every 4 calendar weeks.
29-4.11 Willful Failure or Refusal to Comply With a Court Order.
(a) Willful failure or refusal to comply with a court order requiring a perpetrator to attend and
cooperate in evaluation and/or to undergo treatment as described in a treatment plan shall
constitute contempt of court punishable as provided in Chapter 1, Section 1-8.03 and Chapter 4,
Section 4-25.07 of the Spokane Tribal Law and Order Code, or a new charge of Disobedience of
a Lawful Court Order of the Court, pursuant to Chapter 14 Section 14-7.01.
(b) If the Court has suspended execution of any penalty imposed under Section 3 of this Chapter on
the condition that the perpetrator undergo court-ordered evaluation and/or treatment, the Court
may also order execution of any such suspended sentence, in addition to the Tribe filing
Contempt or Disobedience charges under the above referenced statutes.
Legislative History-Enacted 4/07/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
29-4.12 Admissibility of Child Statement.
(a) For purposes of prosecution including juvenile offense adjudications, a statement made by a
child when under the age of 10 describing any act of sexual contact performed with or on the
child by another, describing any attempted act of sexual contact with or on the child by another,
or describing any act of physical abuse of the child by another that results in substantial bodily
harm, not otherwise admissible by statute or court rule, is admissible in evidence if:
(1) The court finds, in a hearing conducted outside the presence of the jury, that the time,
content and circumstances of the statement provide sufficient indicia of reliability; and
(2) The child either:
A. testifies at the proceedings; or
B. is unavailable as a witness; provided, that when the child is unavailable as a
witness, such statement may be admitted only if there is corroborative evidence
of the act.
(b) A statement may not be admitted under this section unless the proponent of the statement
makes known to the adverse party his or her intention to offer the statement and the particulars
230
Revised Spokane Law & Order Code, 5/14/2013