Ihanktonwan Oyate Codes

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Ihanktonwan Oyate Codes Contact information, map and directions, contact form, opening hours, services, ratings, photos, videos and announcements from Ihanktonwan Oyate Codes, Government Organization, Wagner, SD.

This grant addresses issues identified in the 2022 Survey hosted by a Community Grassroots organization (BHS).
1) Needed Code updates
2) Update record-keeping system
3) Improve court services (less punitive, more wellness promoting) for the court
involved

09/14/2026

Good morning everyone! Hopefully you all have had a Great weekend! 13) The procedural section outlined in the New Code better organizes and details mandatory arrest and provides a better tool for law enforcement to use in distinguishing the facts of a Domestic Violence incident and identifying the perpetrator. Currently they are required to do 5 things to determine the perpetrator and the officers do not have the resources to accomplish them. 14) New proposed procedure of reporting and protecting victims include timeliness of arrest, probable cause affidavit, submitting report to the prosecutor, interviewing the perpetrator, and notifying advocates of Domestic Violence to support the victim. A new 72 hour cooling off period, rather than no bond until arraignment. Which depending on the time of the event may allow the perpetrator to be released within hours of the assault of held for 7 days until the next week's arraignment hearings, depending on timing of the incident and arrest. 15) **Expanded Code** Mandatory reporters are defined. Both criminal and/or civil consequences for failing to report Domestic violence are included to reach outside of the limits of the old code. Greater immunity provisions are in place to protect those reporting Domestic Violence, offering immunity from civil lawsuits. This also gives law enforcement another layer of immunity related to Domestic violence cases.

09/09/2026

Good morning everyone hopefully everyone had a Awesome Labor Day weekend! But here is some more of the Domestic Violence code changes. 9) **NEW CODE** There is no " spousal privilege" allowed in DV crimes that have historically silenced victims or witnesses. Hearsay exceptions have been added to allow more evidence to come to trial. 10) In the existing code there are no sentencing enhancements for prior convictions. Statute of Limitations are different: Old code had a 5 year maximum. The New Code extends them to no Limitation for sexual assault, 15 years in serious incidents and 7 years for others. 11) Collateral Effects [definition??] are additional legal consequences; the old code had very few. The new code proposes that they be expanded to include ineligible for foster care placement or guardianship for a period of 5 years, restricts possession and transporting of fi****ms, knowledge of possible disqualification of employment or positions within the tribe, and protects the defendant's right to be advised of these consequences at the reading of their rights at arraignment. The new code also provides banishment for perpetrators of Domestic Violence not subject to the tribe's jurisdiction. 12) The new code outlines and defines the individual rights of the victim and sets Limitation of contact with their offender immediately after the arrest. Victims cannot post bond, cannot request a change in a no contact order, and requires an assessment prior to a change in contact.

08/31/2026

Good morning everyone! Some more of the changes to the Domestic violence code: 5) The old code failed to identify any criminal provisions within the Domestic abuse code. The term Domestic Abuse in the new code is specific to the criminal provisions involving the acts of Domestic violence. **New Code** Expands the definition and interpretation of Domestic Violence. There are 17 Domestic Violence crimes categorized as Class A misdemeanors, each carrying a 365-day maximum jail sentence and up to a $5,000.00 fine; 5 Class B misdemeanor DV crimes listed, each is subject to 180 days maximum jail sentence and up to $2,500.00 fine; and 1 Class C misdemeanor crime of Assault 3rd Degree, subject to 90 days maximum in jail and up to $1,250.00 fine. Another important option in the sentences given to offenders of Domestic Violence include counseling, Domestic violence training, and program attendance may be ordered as well fi***rm restrictions, and probation conditions that support a healthy path for families and victims of DV. 6) Another new crime is the actor of hindering prosecution of a Domestic Violence crime, targeted towards victims or witnesses. Violations for first attempt is an evaluation and or counseling, with enhanced sentencing for further Violations. 7) A new provision to the Domestic Violence code covers Domestic disturbances between spouse or intimate partners, even in cases where there is no physical conduct towards one another. This is to better protect victims and deter future acts leading to Domestic violence. 8) **New Expanded Definition of Stalking ** It is defined as occurring where the threat is received. Therefore, perpetrators Stalking outside of the reservation affecting a member on the reservation can be prosecuted within the Tribes jurisdiction. Prior and current acts happening outside of the reservation can be used to establish repeat behavior in a tribal case. Also, incarceration of a stalker at the time of the threat(s) does not prevent prosecution of that threat made from jail. Another change is the relationship status of the stalker and his /her victim is unnecessary to prosecute stalking.

08/24/2026

Good morning everyone. I am gonna share some of the major changes to our Domestic Violence Code. I will do 4 a week so keep checking back in for future changes to help us update our codes. 1) The proposed code includes amendments to the existing code to better comply with the federal Violence Against Women Act (VAWA) 2) Old code was limited to Violence between people who once lived together not to spouses or partners living together. **NEW** Applies to people who are or were married, cohabiting or involved in an intimate relationship, regardless of sexual orientation. This is better protection for all DV victims. 3) Old code: Sexual Assaults were not illegal in cases where people lived together. **NEW CODE** All sexual Assaults are an offense that can be charged in the YST Court. 4) **NEW CODE** Expands the definition section. The old code began with only two terms "abuse" and "spouse". The New Code expands protection to intimate partner relationships regardless of gender or sexual orientation.

Oyate Code Team meeting! Wednesday March 25,2026
03/26/2026

Oyate Code Team meeting! Wednesday March 25,2026

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Wagner, SD
57380

Opening Hours

Monday 8:30am - 4:30pm
Tuesday 8:30am - 4:30pm
Wednesday 8:30am - 4:30pm
Thursday 8:30am - 4:30pm
Friday 8:30am - 4:30pm

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