7.15.90 Sentencing Policy.
(a) It is the policy of the Tribe that penalties for convictions under this chapter should be based on the Tribal Court restorative justice model, which shall include but not be limited to the following:
(1) The wrongdoer may face a Community Sentencing Circle that is comprised of persons who have been appointed by the Chief Judge of the Tribal Court. The offender shall comply with the sentence prescribed by the Community Sentencing Circle that may include but not be limited to the following:
(i) The wrongdoer may be required to pay restitution for any damages his or her actions may have caused the victim, community, Tribe, or Tribal Government. This sentence may be paid by the wrongdoer either by paying Tribal Court fees or fines, paying money to the victim or community, or performing community service that is approved by the Tribal Court.
(ii) The wrongdoer may be required to surrender their harvesting rights for a length of time determined by the Community Sentencing Circle.
(iii) The wrongdoer may be required to make a public apology to the Tribe at large that identifies the exact nature of his or her offense, and his or her commitment not to reoffend.
(2) The wrongdoer may petition the Tribal Court to participate in the Peace Making Process with the Tribal Court appointed Peace Maker (mediator). In the Peace Making Process the wrongdoer agrees at the onset to abide by all aspects of the Peace Making Process and surrender all rights to claim innocence and to any kind of appeal. The decision of the Peace Maker is final and binding. The Peace Maker shall assess the damages caused to the victim, community, Tribe, or Tribal Government and then decide on the sentence. This may require the wrongdoer to pay restitution in one or more of the following manners:
(i) Tribal Court ordered fines and fees levied on the wrongdoer.
(ii) Revocation of the wrongdoer’s harvesting rights.
(iii) Community service to be determined by the Tribal Court.
(iv) Behavioral health assessment if the Tribal Court determines alcohol and/or drug abuse to be an issue.
(3) The wrongdoer may receive community service or a fine from the Tribal Court.
(i) The maximum amount of community service hours that may be given by the Tribal Court for a violation of this chapter is five hundred (500) hours.
(ii) The maximum fine that may be levied by the Tribal Court for a violation of this chapter is $5,000.
(4) The wrongdoer may face other culturally appropriate remedies as determined by the Tribal Court.
(b) Factors that the Tribal Court Judge(s)shall take into consideration when determining the character and duration of a convicted wrongdoer’s sentence are:
(1) Whether the wrongdoer has previously appeared before the Court as a respondent, and if so, whether the wrongdoer appears to the Court to be establishing a pattern of criminal conduct.
(2) Whether the wrongdoer 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 wrongdoer has attempted to make amends, and if so, the extent of the wrongdoer’s resources and the needs of his or her dependents, if any, and the needs of any victims.
(5) For wrongdoers that have previously been found guilty of the same or like offense, the sentence the Tribal Court imposes shall be more severe than the last sentence ordered for that person.
(c) It is the intent of the Tribal Court’s restorative justice model that sentences issued should be balanced to insure that convicted wrongdoers will receive just and adequate sentences that will require them to assume the maximum amount of responsibility for all of the consequences of their actions and to be productive members of our community.
(d) The Community Sentencing Circle or Peace Making Process shall be held when Tribal Court is in session and recorded by the Tribal Court Clerk. The Tribal Court Clerk shall enter into the record all parties involved. The Tribal Court Judge shall issue a court order with the details on the action taken by the Community Sentencing Circle or Peace Maker with any specific restrictions imposed on the wrongdoer and any condition of release. Failure to comply with any of the requirements stated by the Community Sentencing Circle or Peace Maker shall be considered a violation of a Tribal Court order. [Res. 2009-40; 2008 Code § 7.3.9]