Any person who has been convicted of an offense enumerated in the Tribe's Criminal Code may be sentenced by the Tribal Court to one or a combination of the following penalties:
A.
Incarceration for a period not to exceed the maximum permitted by the Tribe's Criminal Code provision defining the offense. Incarceration may be continuous or intermittent. On any sentence of incarceration, credit must be given for all time spent in custody as a result of the charge for which the sentence was imposed. Incarceration may include commitment to an appropriate institution or program, either on or off the Tribe's trust land, for care, treatment, evaluation, or rehabilitation of the offender.
B.
A monetary fine in an amount not to exceed the maximum permitted by the Tribe's Criminal Code provision defining the offense, exclusive of Tribal Court costs or the restitution. If the Tribal Court determines that a convicted offender is unable to pay a monetary assessment in full, the Tribal Court will allow the offender a reasonable period of time to pay the entire sum or allow the offender to make installment payments to the Tribal Court. 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 will 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 performances of any other action, 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 incarceration, 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 must 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 must 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 will be advised of the content, identity, and source of any such report, advice or recommendation and must be afforded a reasonable opportunity to comment upon it 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 or refrain from contact with specified people.