27.07.070 Temporary Release from Incarceration.
An incarcerated person may move the Court for temporary release for the purpose of attending the funeral of an immediate family member or to visit an immediate family member whose death is imminent. An immediate family member shall be defined according to the bereavement leave section of the Cowlitz Indian Tribe Employee Policies & Procedures Handbook.
(1) Unless release is prohibited by this section, the Court shall have discretion to approve or deny the temporary release of an incarcerated person. The prosecutor will have an opportunity to object to a motion for a temporary release and to request conditions of temporary release. The Court shall base its decision on the following:
(A) To the extent applicable, the criteria contained in CTC 27.08.070(4). The criteria shall be applied to both pretrial and post-conviction motions for temporary release.
(B) The existence of orders for protection or no contact orders that restrain the incarcerated person. If the Court finds that release is likely to result in an order violation, the motion shall be denied.
(C) The seriousness of the offense for which the moving party is charged or has been convicted. If the crime is a crime of violence and release would put the victim or community in danger, the motion shall be denied.
(D) The family member’s prognosis. In motions for release to visit an immediate family member, the imminence of the family member’s death and the likelihood that release presents the only opportunity for a meaningful visit shall be considered.
(2) The Court shall impose time constraints and all other conditions it deems appropriate for any temporary release approved under this section and may condition such release upon the availability of the Department of Public Safety, family, or other responsible parties to supervise the incarcerated person.