Statutes | The Confederated Salish and Kootenai Tribal Law Code Title II Chapter 2 Part 1 ยง 2-2-102 | 2019

Unless otherwise specified in a particular section, the following definitions shall apply to this chapter:

(1) "Arraignment" means the formal act of calling a defendant into open court in order that the defendant may enter a plea on the charge(s) against her or him.

(2) "Arrest" means formally taking a person into custody in accordance with the manner authorized by law.

(3) "Bail" means the security given, in the form of cash, stocks, bonds, real property, or any other form of approved collateral, for the primary purpose of insuring the presence of the defendant in a pending criminal proceeding.

(4) "Charge" means a written statement presented to the Court accusing a person of commission of an offense, and includes a complaint or information.

(5) "Citation" means a written direction that is issued by a law enforcement officer and that requests a person to appear before the court at a stated time and place to answer a charge for the alleged commission of an offense.

(6) "Conditional release" means releasing a defendant from lawful custody, pending a criminal proceeding, after placing specific restrictions or regulations on the activities and associations of the defendant.

(7) "Contents", when used with respect to oral, wire, radio, television, satellite, or computer communications, means not only the actual words or substances of the communication, but any information concerning the implied or intended meaning of the communication, the existence of the communication, and the identities of the parties to the communication as well. 

(8) "Contraband" means any property which is unlawful in itself, used for any unlawful purpose, or used in connection with or derived from any unlawful property or transaction.

(9) "Conviction" means a judgment or sentence entered upon a plea of guilty or no contest, or upon a verdict or finding of a defendants guilt rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. Once a conviction has been expunged, it is no longer considered a conviction under Tribal law.

(10) "Coroner" means a law enforcement officer, or other person designated by the Tribal Council, to inquire into the causes and circumstances of any death occurring due to violence or unexplainable causes.

(11) "Counsel" means an attorney or a Tribal Advocate.

(12) "Defendant" means a person who has been charged by the Tribes of allegedly violating a Tribal law and is appearing before the Tribal Court as a result of the charge or charges.

(13) "Elder" or "older person" means a Tribal member or other individual residing on the Reservation who is

   (a) 60 years of age or older

   (b) determined by the Court to be an elder, or

   (c) at least 45 years of age and unable to protect himself or herself from abuse, neglect, or exploitation because of a mental disorder or physical impairment or because of frailties or dependencies brought about by age or disease or alcoholism.

(14) "Family member" or "household member" means a spouse, former spouse, person related by blood or marriage, person residing with the offender due to adoption or foster placement, any person currently cohabiting with the offender at any time during the year immediately preceding the commission of any alleged abuse.

(15) "Frisk" means an external patting of a persons outer clothing.

(16) "Included offense" means an offense that:

   (a) is established by proof of the same or less than all the facts required to establish the commission of the offense charged

   (b) consists of an attempt to commit the offense charged or to commit an offense otherwise included in the offense charged or

   (c) differs from the offense charged only in the respect that a less serious injury or risk to the same person, property, or Tribal interest or a lesser kind of culpability suffices to establish its commission.

(17) "Indian" means a person who is enrolled  in a  federally recognized Indian tribe or who is recognized as a Canadian Indian.

(18) "Judgment" means an adjudication by the Tribal Court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, the judgment includes the sentence pronounced by the Court.

(19) "Law enforcement officer" means any person who by virtue of his or her office or employment by the Tribes or by another government is vested by law with a duty to 

   (a) enforce Tribal or federal civil regulatory laws,

   (b) maintain public order, or

   (c) make arrests for offenses while acting within the scope of his or her authority.

(20) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on an individuals cognitive or volitional functions. It does not include an abnormality manifested only by repeated criminal or other antisocial behavior.

(21) "Notice to appear" means a written document, issued by a clerk of the Tribal Court or a law enforcement officer, requesting the named person to appear before a judge at the stated time and date in Tribal Court to answer a charge for the alleged commission of an offense.

(22) "Offender" means a person who has been convicted of an offense enumerated in Chapter 1 of this Title.

(23) "Offense" means a violation of a penal statute contained in  the Code of Criminal Offenses, Chapter 1, Title II, of the CSKT Laws, Codified.

(24) "Parole" means the release from jail of a prisoner by the Court prior to the expiration of the prisoners term, subject to any conditions imposed by the Court and the supervision of the Tribal Probation Officer.

(25) "Personal recognizance" means the release from lawful custody of a defendant upon his or her promise to appear in court at all appropriate times.

(26) "Probation" means the release by the Tribal Court without imprisonment, of an offender a defendant found guilty of a crime upon verdict or plea, subject to conditions imposed by the Tribal Court, and subject to supervision by the Tribal Probation Officer or his or her designee upon direction of the Court.

(27) "Sentence" means the punishment imposed on an offender by the court and may include incarceration, labor on Tribally&ndashowned property while incarcerated, restitution, or any combination thereof, together with participation in any rehabilitative programs ordered by the court.

(28) "Statement" means

   (a) a writing signed or otherwise adopted or approved by a person

   (b) a mechanical, electronic, or other recording of a persons oral communications or a transcript thereof or

   (c) a writing containing a verbatim record as a summary of a persons oral communication(s).

(29) "Subpoena" means a court order commanding a person to:

   (a) appear at a certain time and place to give testimony upon a certain matter or

   (b) produce specific books, records, papers, documents, or other objects as may be necessary and proper or

   (c) do both (a) and (b).

(30) "Summons" means a written order issued by the court that commands a person to appear before the court at a stated time and place to answer a charge for the offense set forth in the order.

(31) "Temporary roadblock" means any structure, device, or other method used by law enforcement officers to control the flow of traffic through a point on a highway or road whereby all vehicles may be slowed or stopped.

(32) "Witness" means a person whose testimony is desired in a criminal action, prosecution or proceeding.