7.05.130 Sentencing Guidelines.
(a) Any person or entity found in violation of this chapter will be remanded to the Tribal Court, or the Tribal President in the absence of the Tribal Court.
(b) Factors that the Tribal Court Judge(s) shall take into consideration when determining the character and duration of a convicted offender’s sentence are:
(1) Whether the offender has previously appeared before the Court as a respondent, and if so, whether the offender appears to the Court to be establishing a pattern of criminal conduct.
(2) Whether the offender has previously been found guilty of an offense before a court of any other jurisdiction.
(3) Whether the immediate offense was of a willful or malicious nature.
(4) Whether the offender has attempted to make amends, and if so, the extent of the offender’s resources and the needs of his or her dependents, if any, and the needs of any victims.
(c) For offenders that have previously been found guilty of the same or like offense, the sentence the Court imposes shall be more severe than the last sentence ordered for that person.
(d) The penalties set forth below are ranges that set the maximum and minimum penalties for each class of offense under this chapter.
(1) Class “A”:
Maximum Penalty: $5,000 fine and/or community service.
Minimum Penalty: $2,500 fine and/or community service.
(2) Class “B”:
Maximum Penalty: $2,500 fine and/or community service.
Minimum Penalty: $1,000 fine and/or community service.
(3) Class “C”:
Maximum Penalty: $1,000 fine and/or community service.
Minimum Penalty: five-hundred-dollar ($500.00) fine and/or community service.
(4) Class “D”:
Maximum Penalty: five-hundred-dollar ($500.00) fine and/or community service.
Minimum Penalty: fifty-dollar ($50.00) fine and/or community service.
(e) Sentencing Circle. Upon recommendation of the Tribal Court, any case involving a class C or D offense may be referred to a sentencing circle for adjudication. The sentencing circle shall submit a case report to Tribal Court and all parties involved. The case report shall detail the action taken, specify any restriction imposed on the offender and any condition of release, and include any other relevant information. Failure to comply with any of the requirements stated in the case report may be considered as a violation of a Court order.
(f) Restitution. If a person has gained money or property, or caused a victim to lose money or property through the commission of a crime, upon conviction thereof the Court, in lieu of imposing the fine authorized for the offense, may order the respondent to pay an amount, fixed by the Court, not to exceed double the amount of the respondent’s gain or victim’s loss to provide restitution to the victim. In the event that restitution is ordered, a separate hearing must be held to determine the amount of the respondent’s gain or victim’s loss. [2008 Code § 7.1.13]