General Information

Local community organizations and agencies, are currently in the process of updating the Tribe's criminal domestic abuse code provisions. The code was last updated in the late eighties and is in much need of some updates and revision. The process began around a year ago when WBCWS staff members, Margaret Donovan and Diane Miether, were approached by Rosebud Sioux Tribe Judiciary Committee members while at the courthouse and were asked if they would work with the prosecutor's office on drafting revisions to the domestic abuse criminal code in order to strengthen and update the provisions. These two staff members worked with the tribal prosecutors in drafting the revisions; this group met numerous times over a two month period in drafting the main code revisions.

The main draft revisions consist of expanded and clarified definitions of domestic abuse as well as adding a category of class B offenses. These offenses were added to address concerns identified by member of the judiciary committee that too many cases were falling through the cracks because of the back log of jury trials. Defendants charged with class A offenses have the right to a speedy jury trial and class B offenses are trial by a judge (bench trial).

It is the hope of the committee that by making these changes the number of cases that fall through the cracks will be considerably reduced, allowing the court system to trial those offenses by a judge.

The current code and the draft revisions provide that convicted offenders must attend and complete a 26-week re-educational program for convicted batterers. The men’s re-education program is conducted by White Buffalo Calf Woman Society, Inc. staff Florentine Black Bear and Diane Miether and the Rosebud Sioux Tribal Court's domestic violence coordinator, Lino Spotted Elk.

Currently, members of the Sicangu Coalition Against Sexual and Domestic Violence are reviewing and revising the draft revisions per suggestions of the Judiciary Committee and the Rosebud Sioux Tribe Council. The Coalition membership meets monthly and has been working on the revisions in order to present the revised domestic abuse criminal code to the Rosebud Sioux Tribe Judiciary Committee and Council for final approval and subsequent implementation in the RST court system.

Tribe’s Criminal Domestic Abuse Code Provisions

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