Any person who has been convicted of an offense enumerated in
this chapter may be sentenced by the Tribal Court to one or a combination
of the following penalties:
A.
Imprisonment for a period not to exceed the maximum permitted by
the Code provision defining the offense. Imprisonment may be continuous
or intermittent. On any sentence of imprisonment, credit shall be
given for all time spent in custody in an institution as a result
of the charge for which the sentence was imposed. Imprisonment may
include commitment to an appropriate institution or program, either
on or off the Reservation, for care, treatment, evaluation or rehabilitation
of the offender. Anyone receiving physical custody of a person sentenced
by the Tribal Court shall be acting solely as an agent of the Tribe
and Tribal Court. Jurisdiction over a person sentenced to a program
or institution off the Tribe's trust lands shall be retained
by the Tribe and the Tribal Court exclusively. No placement off the
Tribe's trust lands shall be valid unless first approved in writing
by the Chief Judge of the Tribal Court, and any order of such placement
shall specify that the Tribe and the Tribal Court retain jurisdiction
over any person so placed.
B.
A money fine in an amount not to exceed the maximum permitted by the Code provision defining the offense, exclusive of Tribal Court costs or the requirements of Subsection C herein. If the Tribal Court determines that a convicted offender is unable to pay forthwith a money fine assessed under this section or any costs assessed under § 8.8-19B of this chapter, the Tribal Court shall allow the offender a reasonable period of time to pay the entire sum or allow the offender to make installment payments to the Clerk of the Tribal Court at specified intervals until the entire sum is paid. If the offender defaults on such payments, the Tribal Court may find the offender in contempt of Tribal Court and punish the offender accordingly, but no person shall be held in contempt of Tribal Court where nonpayment is because of indigency.
C.
In addition to or in lieu of the penalties provided above, the Tribal
Court may require a convicted offender who has inflicted injury upon
the person or property of another to make restitution or compensation
to the injured person by means of the surrender of property, payment
of money damages, or the performance of any other act, including appropriate
work detail, for the benefit of the injured party.
D.
In its discretion, the Tribal Court may commute or suspend some or
all of the sentence imposing a fine or imprisonment, order a convicted
person to participate in a rehabilitation program, or grant probation,
on condition that the convicted person does work for the benefit of
the Tribe. A person unable or unwilling to work may be confined in
jail or fined as provided above.
E.
In determining the character and duration of the sentence to be imposed,
the Tribal Court shall take into consideration the previous conduct,
background and characteristics of the defendant, the circumstances
under which the offense was committed, whether the offense was malicious
or willful, whether the defendant has attempted to make amends, the
defendant's financial resources, and the needs of the offender's
dependents. Prior to imposing sentence, the Tribal Court shall afford
a reasonable opportunity to the convicted offender to present information
to it. The Tribal Court may also request and receive pertinent reports,
advice and recommendations from any other person or agency which may
assist the Tribal Court in imposing an appropriate sentence; provided,
however, that prior to sentencing the convicted person shall be advised
of the content, identity and source of any such report, advice or
recommendation and shall be afforded a reasonable opportunity to comment
upon or rebut it. The Tribal Court may require, as a condition of
its sentence, that the convicted offender undergo available medical,
psychiatric or substance abuse treatment, not operate a motor vehicle,
or remain within geographic areas designated by the Tribal Court.
A.
The Tribal Court may, in the specific circumstances described in Subsection A(1) through (3), without entering a judgment of guilt and with the consent of the Tribal Prosecutor and the accused, defer further proceedings and place the individual on probation upon terms and conditions prescribed by the Tribal Court, taking into account the information and criteria described in § 8.8-22E:
(1)
The individual has plead guilty or no contest to a Class B misdemeanor under Chapter 8.6, Criminal Laws, Article X, Controlled Substances, of this title of the Code, and he/she has not previously been convicted of a controlled substances offense under this title of the Code or under any statute of the United States or of any state;
(2)
The individual has plead guilty or no contest to a Class A or Class B misdemeanor under Chapter 8.6, Criminal Laws, Article VI, Forgery and Related Offenses, of this title of the Code, and he/she has not previously been convicted of another offense under that article or a comparable offense under any statute of the United States or of any state; or
(3)
An individual under the age of 21 years of age has plead guilty or no contest to a Class B or Class C misdemeanor under Chapter 8.6, Criminal Laws, of this title of the Code, and he/she has not previously been convicted of any other criminal offense under this chapter or a comparable crime under the criminal laws of the United States or of any state.
B.
Upon violation of a term or condition of probation ordered by the Tribal Court under this section, without entry of a judgment of guilt, the Tribal Court may enter an adjudication of guilt and proceed as otherwise provided in § 8.8-22 of this chapter.
C.
Upon fulfillment of the terms and conditions of probation ordered by the Tribal Court under this section, without entry of a judgment of guilt, the Tribal Court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and, except as provided in Subsection B, is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions (see Chapter 8.6, Criminal Laws, of this title of the Code). There may be only one discharge and dismissal under this section as to any individual.
D.
Upon the defendant satisfying the terms and conditions of his or
her term of probation ordered by the Tribal Court under this section,
the Tribal Court shall direct all police departments maintaining records
relating to the defendant's arrest to expunge all such records.
E.
The Tribal Court shall retain a nonpublic record of an arrest and
discharge or dismissal under this section. This record shall be furnished
to any or all of the following:
(1)
To a court, police agency or office of a prosecuting attorney, upon
request, for the purpose of showing that a defendant in a criminal
action has already received the benefit of the delayed sentencing
procedure described in this section; or
(2)
To the Tribe's Gaming Commission for the sole purpose of permitting
the Gaming Commission to make a determination as to whether the individual
qualifies for a gaming license issued by the Gaming Commission.
F.
When exercising its discretion under this section to place an individual
on probation without entry of a judgment of guilt, the Tribal Court
may order the individual to pay some or all of the cost associated
with a course of instruction or rehabilitation program included in
the Tribal Court's probation order. The failure of the individual
to complete the instruction or program ordered by the Tribal Court
or to pay the costs ordered by the Tribal Court shall be considered
a violation of the terms of probation.
A.
Granting probation. After conviction for an offense, the offender
may be placed on probation under such terms and conditions as the
Tribal Court deems just, including a signed pledge by the offender
of good conduct for the duration of the sentence. The Tribal Court
shall take into consideration any prior criminal record of the offender,
the offender's background, characteristics, financial condition
and any other circumstances helpful in determining the advisability
of probation.
B.
Violation of conditions of probation. If any convicted offender violates
the terms and conditions of probation, the Tribal Court may, after
giving such person notice and the opportunity for a hearing in open
Tribal Court, revoke or alter the terms of probation, and may, as
a penalty for violation of the probation, impose an additional fine
or imprisonment.
Any convicted offender owning and using a firearm or any sharp
or dangerous weapon in the commission of an offense shall forfeit
such weapon to the Tribe as part of the sentence. Upon order of the
Tribal Court, such weapon shall be destroyed, retained by the Tribal
Police Department, or sold at public sale after appropriate public
notice, pursuant to the direction of the Tribal Court.
