37.03.010 Criminal Penalties

(a) First Offense:

(1) Any person who commits an act of domestic assault or domestic abuse shall be deemed guilty of the offense of domestic violence. A person convicted of a first offense of domestic violence shall be imprisoned for a term of not less than ten (10) days nor more that one (1) year and shall be fined an amount not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5000.00). Mandatory counseling as well as restitution shall be part of sentencing as provided in Section 37.0304 of the Turtle Mountain Domestic Violence Code.

(2) The Court may suspend imposition of fines and imprisonment for the first offense and place defendant on probation for not less than three (3) months nor more than one (1) year. When a sentence is suspended, there must be complete and total compliance with the orders of the Court requiring completion of the domestic violence program and counseling as ordered.

(b) Second Offense: A person convicted of a second offense of Domestic Assault or Domestic Abuse within a five (5) year period shall be imprisoned for a term of not less than thirty (30) days nor more than one (1) year and fined an amount not less than five hundred dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). Mandatory counseling as well as restitution shall be part of sentencing as provided in Section 37.03.050 of the Turtle Mountain Domestic Violence Code. Said sentencing shall be in accordance with Section 37.03.010(d) below.

(c) Third and Subsequent Offenses: A person convicted of a third or subsequent offense of Domestic Assault or Domestic Abuse within a five (5) year period of the last conviction shall be imprisoned for a term of not less than ninety (90) days nor more than one (1) year and fined an amount not less than one thousand dollars ($1,000.00) nor more than Five Thousand Dollars ($5.000.00). Mandatory counseling shall be part of sentencing as provided in Section 37.03.050 of the Turtle Mountain Domestic Violence Code. Said sentencing shall be in accordance with Section 37.03.010(d) below.

(d) For second and subsequent convictions: Upon complete and total compliance with the orders of the Court requiring completion of the Domestic Assault or Domestic Abuse program and/or counseling as ordered, the Court may suspend up to half of the imposition of fines and/or imprisonment for Domestic Assault or Domestic Abuse offense(s). However, if the Court suspends half of the imposition of fines and/or imprisonment under this section, the perpetrator must be placed on probation for not less than one (1) year. Failure to comply with terms of probation shall result in the completion of the original sentence.

(e) In cases involving the failure to comply with the Court's orders of counseling, the violation of a protection order, the commission of any crime during the protection order period or the violation of any other condition of sentencing, the Court shall find the person in contempt and shall impose all or part of the suspended sentence for the original offense and again require the perpetrator to complete the entire counseling program upon release from jail.

(f) Prosecution for the offense of Domestic Assault or Domestic Abuse shall not preclude prosecution for any other offense arising from the same circumstances.

(g) Person convicted of Domestic Assault or Domestic Abuse shall not be released from custody for community service.

(h) A person convicted of Domestic Assault or Domestic Abuse shall not be released from custody to attend funeral or wake services unless said services are for a member of the person's immediate family and shall be at the discretion and condition of the Turtle Mountain Tribal Court. Immediate family shall mean husband, wife, son, daughter, brother, sister, father, mother, aunt, uncle or grandparent.

(i) A person convicted of Domestic Assault or Domestic Abuse shall not be released from custody for holidays.

(j) A person convicted of Domestic Assault or Domestic Abuse may be released for employment at the discretion and condition of the Turtle Mountain Tribal Court.

(k) Allowance against any sentence for a term of imprisonment shall be given by the Court to a defendant for all time spent in custody as a result of the criminal charge for which the sentence was imposed or as a result of the conduct on which such charge was based. "Time spent in custody" shall include time spent in custody, in a jail or in a mental institution for the offense charged, whether that time is spent prior to trial, during trial, pending sentence or pending appeal.

(l) A person found guilty of the crime of Domestic Assault or Domestic Abuse may also be ordered to pay the reasonable costs of the person's prosecution.