37.04.020 Duties of the Tribal Prosecutor

(a) The Office of the Tribal Prosecutor shall evaluate a complaint of domestic violence based upon all available facts. A case shall not be dismissed solely because the victim may be an uncooperative witness.

(b) If the Office of the Tribal Prosecutor has decided to dismiss the criminal charges filed against the alleged perpetrator of domestic violence or to decline prosecution of an alleged crime involving domestic violence, the Office of the Tribal Prosecutor shall make reasonable efforts to notify the victim of the dismissal or failure to prosecute.

(c) Release of a defendant from custody must not be delayed because of the requirements of Section 37.04.020(b).

(d) A victim of domestic violence is entitled to all rights granted to victims of crime including but not limited to:

(1) Be informed of all hearing dates and continuances;

(2) Be able to provide the court with a victim impact statement, victim- opinion statement and an assessment of the risk of further harm;

(3) Be present at sentencing and address the court;

(4) Advise the Court of conditions of probation and parole required to ensure the safety of the victim and other family or household members;

(5) Restitution for losses sustained as a direct consequence of any criminal conduct;

(6) Apply for any available victim's compensation and to be informed of procedures for applying.

(e) The prosecutor shall notify the victim of domestic violence of the victim's rights set forth in this section in writing. For notice to be meaningful, it should be actual, timely and written in a language in which the victim is competent.