Statutes | Lummi Nation Code of Laws Title 5A Chapter 5A.04 ยง 5A.04.045 | 2018
(a) When entering a judgment of conviction for a crime involving domestic violence, the Court shall:
(1) consider the entry of orders for the protection of the victim, including those set out in LCL 5A.04.010(b)(1)-(6)
(2) order the defendant to obtain a domestic violence evaluation and to comply with all treatment recommendations, including additional recommendations that may be made during treatment
(3) order restitution as warranted and
(4) order the defendant to pay $50 into a victim impact fund to be maintained by the Lummi Victims of Crime office.
(b) For the purposes of this section, a domestic violence evaluation shall include a complete diagnostic evaluation an evaluation of current and past criminal history an evaluation of all violence history whether or not it resulted in a conviction an assessment of future dangerousness an assessment of family and cultural issues an assessment of substance abuse an assessment of learning disabilities and other special needs that would affect the method of treatment and a treatment plan that adequately and appropriately addresses the treatment needs of the individual. The evaluation may not be based solely on the defendant's self-report.
The defendant must sign privacy releases for the evaluator to obtain any confidential information that is necessary to the evaluation.
(c) Satisfactory completion of domestic violence treatment required under this section must be based on meeting treatment goals, not merely the completion of a certain period of time or certain number of sessions. The treatment must focus on ending the violence and holding the defendant accountable for his or her violence. The treatment must include education about the individual, family, and cultural dynamics of domestic violence. If the defendant or the victim has a minor child, treatment must include education about the effects of domestic violence on children. The defendant must sign privacy releases for the treatment provider to obtain any confidential information that is necessary to the treatment. The defendant must also sign a release for the treatment provider to provide information to the probation office in order to monitor compliance with the Court order.