Statutes | Winnebago Tribal Code Title 3 Article 12 ยง 3-1215 | 2019
1. In making a decision concerning pretrial release of a person who is arrested for or charged with elder or vulnerable adult abuse, neglect or exploitation, or a crime involving elder abuse, neglect or exploitation, the Tribal Court shall review the defendants previous records of convictions for elder abuse, neglect or exploitation and the facts of the arrest and detention of the person, in order to determine whether the person:
a. Is a threat to the alleged victim
b. Is a threat to public safety and
c. Is reasonably likely to appear in court.
2. Before releasing a person arrested for or charged, the Tribal Court shall make findings on the record if possible concerning the determination made in accordance with subsection (1) and may impose conditions of release or bail on the person to protect the alleged victim and to ensure the appearance of the person at a subsequent court proceeding.
3. Notwithstanding any other provisions in this Code, all persons arrested for elder or vulnerable adult abuse, neglect or exploitation shall not be held for more than 120 hours, including weekends and holidays, without a hearing. [TCR 15-133]