Statutes | Coushatta Tribe of LA Prot. from Viol. and Dom. Viol. Code Title 3A Chapter 3A.04 ยง 3A.04.010 | 2019

(a) When considering pretrial release of a person who is under arrest for, or being charged with, domestic violence or a crime involving domestic violence, the court shall review all available facts and reports concerning the arrest and detention of the person, and make a determination, on the record, if possible, on whether or not to release the person based on whether the person:

(1) Is a threat to the alleged victim or other family or household member.

 

(2) Is a threat to the safety of the community.

 

(3) Is reasonably likely to appear in court for a subsequent proceeding.

(b) Before authorizing release of a person under arrest for, or being charged with, domestic violence or a crime involving domestic violence, the court shall consider imposing conditions of release or bail on the person in order to protect the alleged victim, and to insure the appearance of the person arrested or charged at a subsequent court proceeding. Conditions of release or bail may include:

(1) An order to not commit or threaten to commit acts of domestic violence against the alleged victim or other family or household member.

 

(2) An order to not contact, harass, annoy, telephone or otherwise communicate with the alleged victim, either directly or indirectly.

 

(3) An order to vacate or stay away from the residence of the victim, even if it is a shared residence, or principally owned by the alleged perpetrator, and to stay away from any specific place the alleged victim or another family or household member frequently go.

 

(4) An order prohibiting the possession or use of any firearm or other weapon specified by the court, and to turn such weapon in to law enforcement for safekeeping.

 

(5) An order prohibiting the person from possession or consumption of alcohol or controlled substances.

 

(6) Any other order the court believes is reasonably necessary to protect and insure the safety of the alleged victim or family or household member, or to insure the appearance of the person at a subsequent court proceeding.

(c) If conditions of release are imposed, the court shall:

(1) Issue a written order for a conditional release.

 

(2) Immediately distribute a copy of the order to the Coushatta Tribal Police Department, or any other entity having custody of the arrested or charged person.

 

(3) Waive any requirement that the alleged victims location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence. The court may also order a criminal defense attorney not to disclose the victims location to his or her client.

(d) The written order releasing the person arrested for or charged with domestic violence shall contain the conditions of release imposed by the court and shall contain a prominent annotation, in either boldfaced type or capital letters, which substantially informs the released person that:

Violation of this order is a criminal offense and will subject a violator to arrest. You can be arrested even if any person protected by the order invites or allows you to violate it. You have the sole responsibility to fully comply with all of the orders provisions. Only the court may change the order.

 

(e) The court shall direct the Coushatta Tribal Police Department, or any other entity having custody of the arrested or charged person, to provide a copy of the conditions of release to the arrested or charged person upon his or her release. Failure to provide the person with a copy of the conditions of release does not invalidate the conditions if the arrested or charged person has notice of the conditions.

 

(f) If conditions of release are imposed without a hearing, the court shall hold a prompt hearing to review the conditions, upon the request of the arrested or charged person.

 

(g) When a person who is arrested for or charged with domestic violence or a crime involving domestic violence is released from custody, the court shall direct the Coushatta Tribal Police Department, or any other entity having custody of the arrested or charged person to:

(1) Use all reasonable means to immediately notify the victim of the alleged crime that the person is being released.

 

(2) Furnish the victim of the alleged crime a copy, at no cost, of any conditions of release.