In any case where a person is found guilty of or pleads no contest to a criminal offense in the Port Gamble S’Klallam Community Court where the court determines alcohol and/or drugs may be a contributing factor to the commission of the crime, the court shall order a Pre-Sentence Drug and Alcohol Evaluation with a qualified Mental Health Counselor or Drug and/or Alcohol Counselor. The court shall require the person so convicted to return to court at the earliest possible date with the alcohol and drug evaluation and any alcohol and drug treatment plan that the counselor or mental health professional recommends. The Court shall order the person to follow a chemical dependency treatment plan. The Court may order a plan that is more extensive than the recommended plan. The Court may also order mental health treatment if recommended by an evaluation conducted by a Mental Health counselor.
(Res. 02 A 108, 12/17/2002. Port Gamble Business Committee Minutes, 6/14/1988; amended by Res. 05-A-054, 6/14/2005)
(a) 
In any case where a person is found guilty or pleads No Contest to a charge of Driving While Under the Influence of Alcohol or Drugs in violation of section 5.09.01, shall be sentenced to the following minimum penalties:
(1) 
Upon a first offense: Thirty (30) days in jail, of which at least twenty-four (24) consecutive hours are to be served, and a fine of $250.
(2) 
Upon a second offense: Sixty (60) days in jail, of which at least four (4) consecutive days are to be served and a fine of $500.
(3) 
Upon a third or subsequent offense: Six (6) months in jail, of which at least ten (10) consecutive days are to be served, and a fine of $ 750. Upon conviction of a third or subsequent offense, the driving privileges of the person so convicted shall be revoked on the Port Gamble Reservation for a period not less than two years.
(b) 
The judge of the court may suspend jail time only on condition that the person complete any recommendations outlined in the Alcohol and/or Drug Treatment Plan described in section 5.07.01 of this code.
(c) 
No portion of any of these minimum fines shall be suspended or otherwise not levied, except as provided in section 2.07.03 No portion of the minimum jail time required in paragraph (a) of this section shall be suspended or otherwise not served.
(Port Gamble S’Klallam Business Committee Minutes, 6/14/1988; amended by Res. 05-A-054, 6/14/2005)
When considering the propriety of the ordering a particular sentence, the Court shall specifically consider the following factors and should increase the sentence above the minimum, within an offense classification range:
(a) 
The number of times the person has previously violated the Law and Order Code and the number of times the person has previously committed the particular violation before the court;
(b) 
Whether the offense was committed with a weapon or the use of a weapon was threatened;
(c) 
Whether a victim suffered bodily harm and the degree of harm and expected duration of disability, if any;
(d) 
Whether a victim experienced substantial emotional harm;
(e) 
The monetary value of any property damage; and
(f) 
Whether the harm caused by the defendant’s conduct was especially offensive or sensitive to the tribal community such as harm to an elder, the church, Longhouse, cemetery, Tribal buildings and facilities, or someone’s home.
Juvenile Fines. The court shall have the discretion to impose a monetary fine lower than the specified range for a particular offense, for a juvenile defendant only, if necessary to ensure that the juvenile has the ability to pay the fine, so that the burden of paying the fine falls on the juvenile.
(Res. 05-A-054, 6/14/2005)
[1]
Cross Reference: § 2.07.04. Restitution.
The following are the ranges of fines for each class of offense:
Misdemeanor 2
Misdemeanor 1
Felony 2
Felony 1
$ 50 – 250 fine; or jail up to 30 days; or both
$ 250 – 1,000 fine; or jail up to one year; or both
$ 1,000 – 5,000 fine; or jail up to one year; or both
$ 5,000 – 15,000 fine; or jail up to three years; or both.
(Res. 05-A-054, 6/14/2005; amended by Res. 17-A-010, 1/23/2017 to create a Felony-Misdemeanor Sentencing chart that would match the new Chapter 5.07 on Sex Crimes; Res. 17-A-064, 6/12/2017, added chapters on Controlled Substances, Liquor, and Driving a Motor Vehicle to this sentencing chart. All other crimes still refer to the Sentencing Chart for Crimes Classes A-D. The Class A-D chart will be retired once all of the crimes in Title 5 are updated to reflect felony or misdemeanor crimes; amended by Res. 18-A-100, 8/27/2018 to change the maximum possible jail sentence of a Misdemeanor 1 from six months to one year so that the Court may sentence persons who are convicted of a Misdemeanor 1 to an amount of time that would allow them to complete Court-ordered treatment; Res. 20-A-086, 9/28/2020, updated the remaining three chapters in Title 5 to the felony-misdemeanor sentencing chart and retired the Class A-D sentencing chart.)