Tribal Code - Sault Ste. Marie Tribe of Chippewa Indians
Enacted July 5, 1995. Including Updates Through 2004.
CHAPTER 76: PARDONS
The purpose of this Chapter is to establish procedures for granting pardons to tribal members who have committed crimes within the tribe's jurisdiction and limited pardons for gaming purposes.
76.102 Pardon Commission.
The Tribal Pardon Commission is hereby established. The Pardon Commission shall consist of three commissioners appointed by the Board of Directors. The three commissioners shall consist of the Chief of the Tribal Public Safety and Conservation Department, the Tribal Probation Officer and the Chairperson of the Tribal Elderly Advisory Committee.
76.103 Persons who can apply for a pardon.
Any tribal member who was convicted of a crime by the Sault Ste. Marie Chippewa Tribal Court may file an application for a pardon.
(1) No tribal member whose conviction was within the preceding five years may apply for a pardon.
(2) No tribal member who was convicted of fraud, misrepresentation or a gambling related offense may apply for a pardon.
(3) No tribal member who has participated in organized crime may apply for a pardon.
76.105 Public Hearing.
The Pardon Commission shall hear all applications for pardons at a public hearing. The applicant must be present. The Tribal Prosecutor shall represent the Tribe at the hearing.
76.106 Procedures for Application.
(1) Applications for pardons shall be available at the Sault Ste. Marie Tribal Court.
(2) The completed applications shall be filed with the Tribal Prosecutor.
(3) The Tribal Prosecutor shall obtain a complete criminal history of the applicant.
(4) The Tribal Prosecutor shall send a copy of the application to the sentencing judge. Within 20 days of receiving the application, the judge shall file with the Prosecutor any objections or comments regarding the applicant.
(5) After gathering all the necessary information, the Tribal Prosecutor shall send the application together with a recommendation for action to the Pardon Commission.
76.107 Standard for Decision.
The Pardon Commission may grant a pardon if they determine that the applicant is not likely again to engage in any offensive or criminal court of conduct.
76.108 Limited Pardons for Gaming.
The Pardon Commission may grant a limited pardon for purposes of being licensed pursuant to Tribal Code Chapter 42. The Pardon Commission may grant a limited pardon to any tribal member convicted of a crime in any jurisdiction. The procedures and exclusions contained in ''76.104 - 76.106 apply, as well as the following additional requirements:
(1) The Tribal Prosecutor shall send a copy of the application to the Kewadin Casinos management for a recommendation. Within 20 days of receiving the application, the general manager of Kewadin Casinos shall send to the Tribal Prosecutor any objections and comments regarding the applicant.
(2) In order to grant the pardon, the Pardon Commission must determine that the applicant is not likely to again engage in any offensive or criminal conduct and that the public good does not require that the applicant be denied a license as a key employee or primary management official.
(3) If the Pardon Commission determines that the applicant participated in organized crime or unlawful gambling or whose prior activities, criminal record, reputation, habits and/or associations pose a threat to the public interest or to the effective regulation and control of gaming, the Pardon Commission shall not grant the pardon.
(4) Limited pardons for purposes of gaming will not expunge the applicant's record.
(5) When the Pardon Commission grants a full pardon, the applicant's conviction for the crime pardoned will be expunged from the applicant's record.