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

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