Chapter 4.70
DUTIES OF CHEHALIS TRIBAL POLICE OFFICERS AND PROSECUTORS
Sections:
4.70.010 Authority of Chehalis Tribal Police officers to enter residence without warrant.
4.70.020 Authority of Chehalis Tribal Police officers to seize and hold weapons.
4.70.040 Mandatory arrest for violation of protection order.
4.70.050 Cross complaints of domestic violence.
4.70.060 Notice of escape or release.
4.70.070 Powers and duties of Prosecutor.
4.70.075 Dismissals disfavored.
4.70.080 Disposition of criminal case.
4.70.090 Chehalis Tribal Police duties to victims.
4.70.100 Duty to preserve evidence.
4.70.110 Duty to expedite service of protection orders.
4.70.120 Chehalis Tribal Police records on domestic violence or family violence to be identifiable.
4.70.130 Liability of Chehalis Tribal Police officers.
4.70.135 Officials who batter.
4.70.010 Authority of Chehalis Tribal Police officers to enter residence without warrant.
A. A Chehalis Tribal Police officer need not obtain a search warrant to enter a residence where he or she has probable cause to believe a crime of domestic or family violence is occurring or has just occurred.
B. When Chehalis Tribal Police responds to a 911 or other emergency phone call or to any credible report alleging that domestic or family violence may be taking place in a residence, the officer may enter the home without a warrant if the officer reasonably believes entering the home is necessary to assure the safety of any potential victim of domestic or family violence. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.5.010.]
4.70.020 Authority of Chehalis Tribal Police officers to seize and hold weapons.
A. Chehalis Tribal Police officers shall seize all weapons that are alleged to have been involved or were threatened to be used in a domestic or family violence crime and any weapon in the vicinity of the alleged commission of the offense.
B. A Chehalis Tribal Police officer may seize a weapon that is in plain view of the officer or was discovered pursuant to a lawful search as necessary for the protection of the officer or other persons.
C. Chehalis Tribal Police officers are authorized to confiscate weapons from, or accept and hold weapons for, a person who is prohibited from possessing or using them. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.5.020.]
4.70.030 Mandatory arrest.
A. The purpose of mandating arrest of perpetrators is to provide victims with immediate protection from the current violence, to afford them an opportunity to consider legal options, to provide victims with time to safely relocate or obtain a protection order, and to ensure an adequate and prompt Chehalis Tribal Police response to domestic or family violence. The person shall be held in custody on maximum bail allowed pending further action by the Court.
B. A Chehalis Tribal Police officer shall, without a warrant, arrest a person and charge him or her for the appropriate crime if the officer has probable cause to believe that the person has committed a crime of domestic or family violence within four hours of the time when the victim first has the ability to report the incident. The officer must make an arrest upon probable cause regardless of the express wishes of the victim, but those wishes should be noted in the report.
Nothing in this subsection prohibits an officer from arresting and booking a person upon probable cause to believe that a person has committed a crime involving domestic or family violence when more than four hours have passed.
C. If a Chehalis Tribal Police officer receives a complaint alleging a crime involving domestic or family violence from two or more persons, the officer shall evaluate each person’s account separately to determine who was more likely to have been the predominant physical aggressor. In determining whether a person was the predominant physical aggressor, the officer must consider the following as well as any other relevant factors:
1. Prior complaints of domestic violence or family violence;
2. The relative severity of the injuries inflicted on each person;
3. The likelihood of future injury to each person; and
4. Whether one of the persons acted in self-defense.
D. If a Chehalis Tribal Police officer determines that one person was the predominant physical aggressor, the officer need not arrest the other person, even if the officer has probable cause to believe that the other person has committed a crime involving domestic or family violence against the predominant physical aggressor.
E. Persons arrested shall be held pending first appearance on the maximum bail allowable.
F. Whenever a Chehalis Tribal Police officer investigates an allegation of domestic or family violence, whether or not an arrest is made, the officer shall make a detailed written report of the alleged abuse and submit that report to the Chehalis Tribe Prosecutor’s office within 48 hours. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.5.030.]
4.70.040 Mandatory arrest for violation of protection order.
When a Chehalis Tribal Police officer has probable cause to believe that a respondent has violated one of the following orders of the Tribal Court or of any other court order entitled to full faith and credit under applicable Tribal law, the officer shall, without a warrant, arrest the alleged violator. Arrest shall be mandatory where the violation is of one of the following:
A. An order not to commit or threaten to commit further acts of domestic or family violence.
B. An order not to contact, harass, annoy, telephone, or otherwise communicate, directly or indirectly, with the alleged victim, the alleged victim’s family or household members, or any witness to the alleged act of domestic or family violence.
C. An order to vacate or stay away from the victim’s residence.
D. An order to stay away from any well-defined geographic area, including but not limited to a residence, workplace, school or daycare of the alleged victim, the alleged victim’s family or household members, or any witness to the alleged act of domestic or family violence.
E. An order prohibiting the possession or use of any firearm or other weapon specified by the Court, and to turn such weapon over to Chehalis Tribal Police for safekeeping. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.5.040.]
4.70.050 Cross complaints of domestic violence.
If a Chehalis Tribal Police officer receives a complaint alleging domestic or family violence from two or more opposing persons, the officer shall evaluate each complaint separately to determine who was more likely to have been the primary aggressor. If the Chehalis Tribal Police officer determines that one person was the primary aggressor, the officer need not arrest the other person alleged to have committed a domestic or family violence crime. In determining whether one party was the primary aggressor, the officer shall consider:
A. The history of domestic or family violence, both documented prior complaints and convictions and the officer’s own prior knowledge of the family;
B. The comparative demeanor of the parties involved and the relative severity of the injuries inflicted on each person;
C. The likelihood of future injury to each person;
D. Whether one person acted in self-defense or in defense of others;
E. The degree to which one of the persons has acted with a more deliberate intent to control, isolate, intimidate, emotionally demean, cause injury or pain or fear of harm to the person or a third party. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.5.050.]
4.70.060 Notice of escape or release.
A. Upon the escape from custody of a person arrested for, charged with, or convicted of a criminal offense under this division, Chehalis Tribal Police shall make reasonable efforts to immediately notify the victim of the crime, the Court and the Prosecutor.
B. When a person who was convicted of a criminal offense under this division is scheduled to be released from custody, Chehalis Tribal Police, probation or Prosecutor shall make reasonable efforts to notify the victim prior to or upon release of the person from custody.
C. If a person who was convicted of a criminal offense under this division is scheduled for early release, Chehalis Tribal Police shall make reasonable efforts to notify the victim of the crime, the Court, and the Prosecutor prior to such release. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.5.060.]
4.70.070 Powers and duties of Prosecutor.
A. The Prosecutor shall indicate in the charging document that the defendant is being accused of a crime of domestic or family violence.
B. Communication with Victim. In every case in which a person is arrested for or charged with a crime under this division, the Prosecutor shall endeavor to maintain contact with the victim throughout the criminal proceedings, with particular attention to the following:
1. Hearing Dates, Continuances, Sentencing. The Prosecutor shall assure that the victim is informed of all hearing dates and continuances and of the right to address the Court at any hearing, in person or in writing, regarding the various impacts of the criminal offense on the victim, the risk of further acts of domestic or family violence, and the conditions of sentence necessary to ensure the safety of the victim and the victim’s family and household members.
2. Prosecutorial Decisions. The Prosecutor shall inform the victim of every major prosecutorial decision, including a decision to decline prosecution of the crime, to dismiss the charges, or to enter into a plea agreement.
3. Restitution. The Prosecutor shall obtain information from the victim regarding costs and losses sustained as a result of the defendant’s act of domestic violence or family violence and shall seek restitution for the victim. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.6.010.]
4.70.075 Dismissals disfavored.
The Chehalis Tribe does not favor dismissal of domestic or family violence charges, thus when the Prosecutor moves to dismiss a domestic or family violence charge against a defendant, the Prosecutor shall provide specific written reasons for the dismissal to the Court. If the dismissal is based on the unavailability of the alleged victim or any witness, the Prosecutor shall indicate why such person(s) are unavailable and why the case cannot be prosecuted without the individual. [Res. 2018-83.]
4.70.080 Disposition of criminal case.
A. The Prosecutor shall not move to dismiss a criminal charge under this division for the sole reason that the victim is uncooperative or unwilling to testify, unless no other means of prosecution exists. The Prosecutor shall not move to dismiss a criminal charge under this division for the sole reason that a civil case has or will be filed or resolved.
B. A victim of domestic or family violence shall be encouraged, but not required, to testify. When a victim is unwilling or unable to testify, the Prosecutor shall endeavor to proceed with an evidence-based prosecution, employing all relevant evidence.
C. When making a motion to dismiss a criminal charge under this division, the Prosecutor shall state in writing the specific reasons for the dismissal.
D. The Domestic Violence Task Force may make recommendations to the prosecutor at any time. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.6.020.]
4.70.090 Chehalis Tribal Police duties to victims.
A Chehalis Tribal Police officer who responds to an allegation of domestic or family violence shall use all reasonable and available means to protect the victim and any family or household member, and prevent further violence, including, but not limited to:
A. Taking necessary actions to provide for the safety of the victim and any family or household members or witnesses, including arresting the alleged perpetrator or dominant aggressor;
B. Calling the domestic violence or victim advocate about emergency services for the victim.
C. Assisting transportation for the victim and any child(ren) to a domestic violence safe house or other place of safety within the Tribe’s service area at the victim’s request;
D. Assisting the victim in removing essential personal effects, at the victim’s request;
E. When a Chehalis Tribal Police officer responds to a domestic violence call, the officer shall advise victims of all reasonable and available means to prevent further abuse, including advising each person of the availability of a shelter or other services in the Tribe’s service area, and giving each person immediate notice of the legal rights and remedies available. The notice shall include handing each person a copy of the following statement:
IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE or FAMILY VIOLENCE, you can ask the tribal, city or county prosecuting attorney to file a criminal complaint. You also have the right to file a petition in tribal, superior, district, or municipal court requesting an order for protection from domestic abuse which could include any of the following: (a) An order restraining your abuser from further acts of abuse; (b) an order directing your abuser to leave your household; (c) an order preventing your abuser from entering your residence, school, business, or place of employment; (d) an order awarding you or the other parent custody of or visitation with your minor child or children; and (e) an order restraining your abuser from molesting or interfering with minor children in your custody. The forms you need to obtain a protection order are available in any tribal, municipal, district, or superior court.
[Res. 2018-83.]
4.70.100 Duty to preserve evidence.
A. The purpose of this section is to assist in the prosecution of perpetrators of crimes involving domestic and family violence and to recognize that victims of crimes involving domestic or family violence are often reluctant to cooperate or testify at subsequent hearings for many reasons, including but not limited to economic, emotional and psychological factors.
B. All Chehalis Tribal Police officers who respond to an allegation of a crime involving domestic or family violence shall take reasonable steps to collect sufficient evidence, including preparing a chronology of events in written form to enable the Prosecutor to secure a conviction of the perpetrator without the testimony of any victim. Reasonable steps may include:
1. Photographing injuries to any victim, any damage to property and the location and surroundings of the alleged incident;
2. Describing both the physical and emotional condition of the victim in detail;
3. Noting the identity of any witnesses to the incident and determining what they observed;
4. Identifying all persons present at the location at the time of the incident, including children, whether or not they witnessed the incident;
5. Recording any oral comments;
6. Gathering a history of the relationship and its duration;
7. Describing the scene of the alleged crime on first contact and other physical evidence; and
8. Gathering statements and interviewing responding medical personnel or following up with medical personnel if the victim is transported to a facility for medical treatment.
C. A Chehalis Tribal Police officer who responds to an allegation of domestic or family violence shall encourage any victim to make an oral and written statement concerning the incident and shall take one from any perpetrator, if possible.
D. A Chehalis Tribal Police officer who responds to an allegation of a crime involving domestic or family violence shall ensure that the victim is made aware of the importance of preserving evidence of the incident.
E. If a child is present in the household, the officer shall note their presence. In order to preserve evidence and not taint testimony or induce additional trauma, an interview of a child shall be conducted by someone trained and qualified to interview children. However, if the child makes spontaneous statements, the officer shall note these within his or her report. If a child is present in the household, the officer shall make any reports, as required by Tribal law, to the appropriate Tribal or other governmental agency responsible for investigating allegations of abuse or neglect. [Res. 2018-83.]
4.70.110 Duty to expedite service of protection orders.
The Chehalis Tribal Police shall serve orders of protection on an expedited basis and shall attempt to complete service within 48 hours and provide an affidavit of service to the Court by the next judicial day. [Res. 2018-83.]
4.70.120 Chehalis Tribal Police records on domestic violence or family violence to be identifiable.
The Chehalis Tribal Police Department shall maintain written records of arrests, incident reports, and initial contacts in such a manner as to allow tracking and identification of them as related to domestic or family violence.
Records may be obtained by court order after notice to the Prosecutor and a hearing. In ordering disclosure, the Court may order that the victim identification and location be redacted, and may make other orders as necessary to protect the confidentiality of victim and/or witness information. [Res. 2018-83.]
4.70.130 Liability of Chehalis Tribal Police officers.
A Chehalis Tribal Police officer or his or her legal adviser shall not be held liable in any civil action for an arrest based on probable cause, enforcement in good faith of any court order, or any other action or omission made in good faith under this division arising from an incident of alleged domestic or family violence or violations of one of the named criminal or civil protection orders identified within this division. [Res. 2018-83.]
4.70.135 Officials who batter.
No special treatment by policy makers or Chehalis Tribal Police officials shall be given to any person because of their official capacity as a Chehalis Tribal Police officer, public official, or because of their connections to or influence over policy makers, public officials, Chehalis Tribal Police officers or the community. All procedures and duties set out in this chapter and internal policies of the Chehalis Tribal Police Department in its current form, or as subsequently modified, shall be strictly adhered to, regardless of any administrative, interagency, or departmental investigation and/or sanctions. [Res. 2018-83.]