5-44-14. Penalties.

Sentencing. Any person convicted of Domestic Violence, Dating Violence, or Violation of a Protection Order shall be sentenced to the following:

There is no time limit between the previous conviction and the current charge to increase the penalty under this section.

1. A person convicted of a first offense for domestic violence and dating violence or violation of a protection order is a Class B offense. A person convicted of a first offense under 5-44-4, 5-44-6, 5-44-7 shall be imprisoned for a term of not less than fifteen (15) days or more than ninety (90) days and may be fined in an amount not to exceed five hundred dollars ($500.00).
2. A person convicted of a second offense for domestic violence and dating violence or violating of a protection order is a Class A offense. A person convicted of a second offense under 5-44-4, 5-44-6, 5-44-7 shall be imprisoned for a term of not less than thrity (30) days or more than one hundred and eighty (180) days and may be fined an amount not to exceed one thousand dollars ($1,000).
3. A person convicted of a third or subsequent domestic violence and dating violence or violation of a protection order is a Class F offense. A person convicted of a third or subsequent offense 5-44-4, 5-44-6, 5-44-7 shall be imprisoned for a term for not less than one hundred and twenty (120) days or more than three (3) years and may be fined in an amount not to exceed ten thousand dollars ($10,000) or both.
4. A person convicted of a first offense aggravated domestic violence or dating violence 5-44-5 is a Class F offense and shall be imprisoned for a term of not less than one hundred and eighty (180) days or more than three (3) years and may be fined an amount not to exceed ten thousand dollars ($10,000).
5. A person convicted of a second or third offense of aggravated domestic violence or dating violence, 5-44-5 is a Class F offense and shall be imprisoned for a term of not less than one (1) year or more than three (3) years and may be fined an amount not to exceed ten thousand dollars ($10,000).
   1. In addition to the penalties proscribed in this section, the court shall order mandatory batterer’s intervention as part of the sentence, and other such interventions may include, but is not limited to alcohol/drug abuse assessments, and if recommended treatment, mental health assessments, and treatment, parenting classes for defendants whose children were exposed to the abuse that had taken place. Counseling shall be made available for the Wakanyeja (children) of the defendant and the Wakanyeja (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. Defendants may at the discretion of the Court be ordered to pay restitution to the victim, pay the costs of the counseling for Wakanyeja, pay the costs of batterer’s intervention programs, alcohol/drug assessment and any other treatment, including parenting classes. The Defendant may be ordered to pay for his or her defense. The Court may order any other alternative sentencing, such as community service, assisting the elderly, attending local program and organizational educational programs or cultural relevant activities.