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Law and Order Code of the Fort McDowell Yavapai Community, Arizona

Adopted by Resolution No. 90-30, July 9, 1990 and subsequently amended. [Includes amendments dated 2000.]

CHAPTER 8 - SENTENCING



Sec. 8-1. GENERAL CONDITIONS OF SENTENCE.


Any person who has been convicted by the Fort McDowell Yavapai Tribal Court of a violation of a provision of the Code of Ordinances of the Fort McDowell Yavapai Community for which a penalty may be exacted, may be fined or may be sentenced by the court to serve time in the community jail or sentenced to work for the benefit of the community. No fine or time served shall exceed the maximum period set for the offense in the Code and a sentence time shall begin to run on the day of the sentence. The work done for the benefit of the community shall be done under the supervision of any authorized agent of the community council as the court may provide. Any sentence for work to be done for the benefit of the community shall be conditional so that each actual day of work shall be credited to each (2) days of sentence without work.


Sec. 8-2. DETERMINING FACTORS.


In determining the character and duration of the sentence which shall be imposed, the court shall take into consideration the previous conduct of the defendant, the circumstances under which the offense was committed, whether the offense was malicious or willful, whether the offender has attempted to make amends and the extent of the defendant's resources and the needs of his dependants. The penalties listed in Chapter 6 of this Code are maximum penalties which are intended to be imposed in extreme cases only.


Section 8-3. ADDITIONAL PENALTIES; COSTS ASSESSED AGAINST PER CAPITA PAYMENTS; MAXIMUM SENTENCE.

  1. In addition to any other sentence, the court may order an offender to do the following:

    1. to pay restitution to the victim of the offense;

    2. to pay the cost of his/her incarceration.

    3. to pay the costs directly incurred and reasonably necessary for the investigation of the offense which would not have been otherwise expended but for the investigation of the defendant's case except that such costs shall not include the salaries of police officers and police department personnel.

    4. To pay the cost of services, counseling, treatment, and rehabilitation provided or arranged by the Fort McDowell Family and Community Services.

  2. If the offender is a member of the Fort McDowell Yavapai Nation and is currently receiving per capita payments from the Fort McDowell Yavapai Nation, the court may order that the costs listed in subparagraphs 1-4 be deducted from the offender's monthly per capita payments and be laid to the victim or the Nation.

  3. In no event shall the court impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of one year or a fine of five thousand dollars ($5,000), or both.

  4. The costs listed in subparagraphs (a)(1-4) of this section shall not be considered a fine under subparagraph (c) of this section and may exceed the five thousand dollar ($5,000) limitation set forth in that subparagraph. All monies imposed and received pursuant to subparagraphs (a)(2-4) of this section shall be deposited in the Nation's general fund.

Sec. 8-4. FAILURE TO WORK; IMPRISONMENT.
  1. All money fines imposed for the commission of an offense shall be in the nature of an assessment for the payment of designated court expenses. Such expenses shall include the payment of the fees provided for in these ordinances. The fines assessed shall be paid over by the clerk of the court to the Fort McDowell Yavapai Indian Community for deposit as "court funds" to the credit of the proper community official. The proper official shall withdraw such funds in accordance with existing regulations upon the order of the clerk of the court signed by a judge of the court, for the payment of specified fees. The community official and the clerk of the court shall keep an account of all such deposits and withdrawals for the inspection of any person interested.

  2. Whenever such funds shall exceed the amount necessary, with a reasonable reserve for the payment of the court expenses beforementioned, the community council shall designate further expenses for the work of the court which shall be paid by those funds, such costs having been previously paid from other sources or transferred to the community fund for the use of the Community Council.

  3. Whenever a fine is paid in commodities, the commodities shall be turned over, under the supervision of the clerk of the court, or if the court so directs, shall be disposed of in other ways for the benefit of the community. The proceeds, of any sale of such commodities shall be deposited by the proper official in the court fund and recorded upon the accounts.
(Sec. 8-5. RESERVED.)


Sec. 8-6. PROBATION.
  1. A defendant who has been found guilty of an offense may be sentenced to a term of probation unless the offense is an offense for which probation has been expressly precluded.

  2. The authorized term of probation shall not exceed more than one year per offense.

Sec. 8-7. VIOLATION OF PROBATION


Any person who shall violate his probation shall be required to serve the original sentence, plus an additional half of such sentence as penalty for the violation of his pledge; however, the court will not impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of six (6) months or a fine of five hundred dollars ($500.00), or both.


Sec. 8-8. PAROLE.


Any person committed by the Fort McDowell Yavapai Tribal Court who shall have, without misconduct, served one-half of the sentence imposed upon him by such court shall be eligible for parole. Parole shall be granted only by a judge of the Fort McDowell Yavapai Tribal Court upon the signing of an order granting parole.


Sec. 8-9. VIOLATION OF PAROLE.


Any person who shall violate any of the provisions of such parole shall be punished by being required to serve the whole of the original sentence, but in no event will the court impose for the conviction of any one offense any penalty or punishment for a term of six (6) months or a fine of five hundred dollars ($500.00), or both.

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