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.