5-38-9. PENALTIES.

The purpose of this ordinance shall be to stop all family violence on the Rosebud Sioux Reservation and to promote the healing of families where possible.

1. A person convicted of a first or second offense of domestic abuse shall be imprisoned for a term of not less than ten (10) days or more than one hundred and eighty (180) days and may be fined an amount not to exceed $500.00. The court shall require mandatory counseling as part of the sentence. Such counseling may include, but is not limited to: alcohol/drug abuse counseling, anger control, and family counseling. Persons who practice traditional Indian religion shall be entitled to counseling by a Medicine Man recognized in the community as such.
2. A person convicted of a third or subsequent offense of domestic abuse shall be imprisoned for a term of not less than thirty (30) days or more than three hundred and sixty-five (365) days, and may be fined in an amount not to exceed $2,000.00 or both. The court shall require mandatory counseling as part of the sentencing. Such counseling may include, but is not limited to alcohol/drug abuse counseling, anger control and family counseling. Counseling shall be made available for the children of the perpetrator and the children of the victim. Persons who practice traditional Indian religion shall be entitled to counseling by a Medicine Man recognized in the community as such.