A.
Offenses are divided into four classes, which are denominated and
subject to maximum penalties as follows:
(1)
Felony, for which a maximum penalty of one (1) year's imprisonment,
a fine of $5,000, or both, may be imposed by the Tribal Court.
(2)
Class A misdemeanor, for which a maximum penalty of one hundred eighty
(180) days' imprisonment, a fine of $3,000, or both, may be imposed
by the Tribal Court.
(3)
Class B misdemeanor, for which a maximum penalty of ninety (90) days'
imprisonment, a fine of $1,000, or both, may be imposed by the Tribal
Court.
(4)
Class C misdemeanor, for which a maximum penalty of thirty (30) days'
imprisonment, a fine of $500, or both, may be imposed by the Tribal
Court.
B.
Any person accused of a crime for which imprisonment is a possible
penalty may request a jury trial upon his or her request made at or
before the time of any final pretrial conference. If, however, the
Prosecutor informs the Tribal Court before the case comes to trial
that a period of imprisonment will not be sought, a defendant shall
have no right to a jury trial. If the defendant is subsequently convicted
of the offense following bench trial or plea, the Tribal Court shall
not impose a period of imprisonment for the convicted offense.
C.
The Tribal Court may, in its discretion, order a person convicted of any offense under this chapter to undergo an appropriate rehabilitative program in lieu of or in addition to the penalties set out in Subsection A herein, if it appears to the Tribal Court from the totality of the circumstances that rehabilitative services could benefit the offender, and provided that rehabilitative services are available.
D.
Community service.
(1)
In addition to or as an alternative to imposing a term of imprisonment
under this chapter, or in addition to or in lieu of rehabilitative
services, the Tribal Court may, in its discretion, based on the totality
of circumstances, sentence the person to perform community service
as follows:
(2)
A person sentenced to perform community service under this section
shall not receive compensation and shall reimburse the Tribe for the
cost of supervision incurred by the Tribe as a result of the person's
activities in that community service.
E.
The Tribal Court shall have the authority to suspend the imposition
of sentence on a person who has been convicted of an offense under
this chapter and to place him or her on probation. The Tribal Court
may attach to the order of probation such reasonable conditions as
it deems necessary. At any time before the end of the probationary
period, if the Tribal Court is satisfied that the defendant has inexcusably
failed to comply with a substantial requirement imposed as a condition
of the probation order or if the defendant has been convicted of another
crime, the Tribal Court may revoke the probation and sentence or resentence
the defendant as provided in this chapter.
F.
All fines and fees collected by the Tribal Court under the provisions
of this chapter, together with any property lawfully seized by Tribal
Police Department personnel or officers acting on behalf of the Tribe
enforcing tribal criminal laws, which may be forfeited to the Tribe
pursuant to forfeiture procedures, shall be paid over to the Tribe's
general fund.
