CHAPTER
24
SENTENCES
24-01-0l KINDS
OF SENTENCES
24-01-02 Sentence
to Imprisonment, Fine or Work
Any Indian who has been convicted of an offense shall be alternately
sentenced to imprisonment or a fine. No Section of this Code shall prohibit
the Court from imposing any sentence, deemed more appropriate than imprisonment
or a fine, under the circumstances of a particular case. Sentences may
include, for example: Commitment to a rehabilitation program, work for
the benefit of the Tribe, restitution, etc.
24-01-03 Payment
of Fines
Fines shall be paid in cash, or in property of the required value
as may be directed by the Court. Upon request of the convicted person,
the duly authorized Federal officer shall pay the fine out of funds
of the convicted person on deposit at the Agency, or, if the judgement
so requires, shall approve the transfer of property to the Tribe in
payment of the fine.
24-02-01 FACTORS
IN DETERMINING SENTENCE
In determining the character and duration of the sentence to be
imposed the Court shall consider:
1. That
the sentences fixed in this Code are the maximum sentences;
2. The
previous record and conduct of the convicted person;
3. Whether
the offense was malicious or willful;
4. Whether
the convicted person has made restitution or paid damages; and
5. The
financial resources and needs of the convicted person and his dependents
and such other factors as the Court may deem appropriate.
24-03-01 SUSPENSION
OF SENTENCES
The Court, may, on such terms and conditions as the Court may impose,
suspend the sentence and release a convicted person on probation upon
the person's pledge of good conduct for the duration of the sentence.
24-04-01 PROBATION
24-04-02 Conditions
of Probation
The Court may release on probation a convicted person on such terms
and conditions as are just and appropriate, taking into consideration
the prior criminal record of the defendant, his background, character,
financial condition, family obligations, and any other pertinent circumstances.
24-04-03 Violations
of Conditions of Probation
Any person who violates the terms and conditions of his probation
may be required to serve the remainder of the original sentence, giving
credit for the time served on probation.
24-O5-01 PAROLE
Any prisoner confined to jail who shall have served without misconduct
one-fourth (1/4) of the sentence imposed shall be eligible for parole.
24-O5-02 Granting
Parole
Parole may be granted by the Court upon such terms and conditions,
including the requirement of personal reports from the parolee, as the
Court may prescribe.
24-O5-03 Violation
of Parole
Any paroled person who shall violate any provisions of his parole
may be apprehended and confined to serve the remainder of the original
sentence, giving credit for the time served on parole.
24-06-01 COMMUTATION
OF SENTENCE
If the Court is satisfied that justice will best be served by reducing
a sentence, the Court may at any time commute to a lesser period any
sentence imposed upon a person, upon proof that during the period of
sentence the person served without misconduct and did satisfactory work.
24-07-01 SEVERABILITY
If any clause, sentence, paragraph, section, or part of this code
shall, for any reason be adjudicated by any Court of competent jurisdiction,
to be invalid or unconstitutional, such judgement shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, section, or part thereof
directly involved in the controversy in which the judgement shall have
been rendered.
Back
to Top