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Oglala Sioux Tribe: Law and Order Code

Last amended: 1996; New Ordinances Received: 2002.

CHAPTER 42

CORONER OF THE OGLALA SIOUX TRIBE



Therefore Be It Ordained that the BIA return all applicable equipment such as (radio, pager, battery chargers) that is needed to be contacted 24 hours a day, 365 days per year, and

SECTION 1. CREATION OF POSITION OF CORONER OF OGLALA SIOUX TRIBE. There is hereby a position of Coroner of the Oglala Sioux Tribe who shall have authority to investigate all deaths occurring on the Pine Ridge Indian Reservation as provided in this ordinance. Such person shall serve a term of five (5) years and shall be appointed by majority vote of the tribal council. All vacancies occurring shall be filled by the tribal council in the same manner. No person shall be appointed coroner unless such person:

(a) is an enrolled member of the Oglala Sioux Tribe;
(b) has at least a high school diploma or equivalent;
(c) is thirty (30) years of age or older;
(d) has never been convicted of a felony or a misdemeanor within one year previous to assuming office;
(e) is of good moral character; and
(f) demonstrates a knowledge of the Oglala Sioux Law and Order Code and Court procedures and has an understanding of federal law and court procedures.
(g) Whenever possible, training will be provided on how to appropriately perform duties as Coroner.

CORONER'S INQUEST

SECTION 2. DEATHS TO BE INVESTIGATED BY~ CORONER. The Coroner shall investigate any human death if a determination of the cause and manner of death is in the public interest, without limitation:

(1) All deaths by unnatural means of, if there is a suspicion of unnatural means, including all deaths of accidental, homicidal, suicidal and undetermined manner, regardless of suspected criminal involvement in the death;
(2) All deaths where the identity of the victim is unknown or the body is unclaimed;
(3) All deaths of inmates of any state, county or municipality operated correctional facility, mental institution, special school, or otherwise in custody;
(4) All deaths believed to represent a public health hazard;
(5) All discretion of the coroner, all deaths of children under two years of age resulting from an unknown cause or if the circumstances surrounding the death indicate that sudden infant death syndrome may be the cause of death; and
(6) Any case in which the death was sudden and the person was in a state of health where the death was unexpected .

SECTION 3. JOINT CUSTODY OF DEAD BODIES AND EFFECTS - MOVEMENT PROHIBITED. As to the death, the cause and manner of which is in the public interest, the Coroner and law enforcement agency exercising investigating control over such death shall jointly take charge of and exercise complete control over all dead bodies and all effects affixed thereto to determine the physiological cause of death. The investigating law enforcement officers shall have control over all other elements of evidence demonstrating a potential criminal circumstance of death. No dead body subject to control by the Coroner having investigative control may be moved from the scene of death without the Coroner's permission unless the body directly obstructs a public transportation right-of-way or poses an immediate health hazard. No dead body subject to Coroner control under this section may be :embalmed without the express authority of the investigating Coroner.

SECTION 4. CERTIFICATE PREPARED BY CORONER. The Coroner shall prepare a medical certificate for all deaths over which he assumes jurisdiction.

SECTION 5. AUTOPSY ORDERED BY CORONER. If in the public interest, the coroner may order an autopsy on those deaths falling within his jurisdiction mentioned in subdivisions (1) to (5), inclusive, Section 2.

BE IT FURTHER ORDAINED that Dave Brewer, enrolled, qualified member of the Oglala Sioux Tribe, is hereby appointed as Coroner of the Oglala Sioux Tribe with a majority vote of the Oglala Sioux Tribe.

HISTORY: Ordinance 93-05.

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