2.10.1080 Funeral release.
An incarcerated person may petition 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 as parents, spouse or significant other, son, daughter, sisters, brothers, grandparents, grandchildren, foster children or others raised in the incarcerated person’s home, aunt, uncle, niece, nephew and the following in-laws: sons, daughter, brother, sister, mother, father, aunt, uncle, nephew and niece. Unless release is prohibited by this section, the Court shall have discretion to approve or deny the temporary release. The Court shall base its decision on the following:
(a) The criteria contained in pretrial release pursuant to YTC 10.10.190. The criteria shall be applied to both pretrial and post-conviction motions for temporary release;
(b) The existence of orders for protection and/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; and
(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.
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 Yurok Tribal Police, family, or other responsible parties to supervise the incarcerated person. [Ord. 81, amended, 1/6/2023; Ord. 63, adopted, 12/6/2019.]