a.         Suspension of visitation rights; transfer of custody.

(1)            If a person with Court-ordered custody or visitation rights is convicted of a crime listed in subdivision (b) of this Section and if no action is pending regarding custody or visitation, the sentencing Court, if the Prairie Island Mdewakanton Dakota Tribal Court shall:

(i)            grant temporary custody to the non-custodial parent, unless it finds that another custody arrangement is in the best interests of the child; or

(ii)            suspend visitation rights, unless it finds that visitation with the convicted person is in the best interests of the child.

When the sentencing Court is a federal or state court, the Tribal Court, upon official notification of such conviction, shall:

(iii)            grant temporary custody to the non-custodial parent, unless it finds that another custody arrangement is in the best interests of the child; or

(iv)            suspend visitation rights, unless it finds that visitation with the convicted person is in the best interests of the child.

The Tribal Court shall expedite proceedings under this section.  The defendant has the burden of proving that continued custody or visitation with the defendant is in the best interests of the child.  If the victim of the crime was a family or household member, the standard of proof is clear and convincing evidence.  "Family or household members" means spouses, former spouses, parents and children, persons related by blood, and persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or lived together at any time.

(2)        If a person who has child custody or visitation rights was convicted of a crime listed in Section (3), subsection (b) before the enactment of this Code, then any interested party may petition this Court for relief under paragraph (1) if:

(i)            the defendant is currently incarcerated, on probation, or under supervised release for the offense; or

(ii)            the victim of the crime was a family or household member as defined above.

b.         Application.

Subdivision (a) of this Section applies to the following crimes or similar crimes under the laws of any other jurisdiction:

(1)            murder in the first, second, or third degree, as defined in Minnesota Statutes §§609.185, 609.19, or 609.195, for example;

(2)            manslaughter in the first degree, as defined in Minnesota Statutes §609.20, for example;

(3)            assault in the first, second, or third degree, as defined in Minnesota Statutes §§609.221, 609.222, or 609.223, for example;

(4)            kidnapping, as defined in Minnesota Statutes §609.25, for example;

(5)            depriving another of custodial or parental rights, as defined in Minnesota Statutes §609.26, for example;

(6)            soliciting, inducing, or promoting prostitution involving a minor, as defined in Minnesota Statutes §609.322, for example;