CHAPTER 411

SENTENCES

411.01                         Sentence, Options

Any person who has been convicted of an offense enumerated in this Code, other than a petty misdemeanor, may be sentenced by the Court to one or a combination of the following penalties.

Subdivision 1.            Imprisonment. Imprisonment for a period not to exceed the maximum permitted by the code provision defining the offense. Imprisonment may be continuous or intermittent at the discretion of the Court. On any sentence of imprisonment, credit shall be given for all time spent in custody in an institution as a result of the charge for which the sentence was imposed. Imprisonment may include commitment to an appropriate institution or program, either on or off the reservation, for care, treatment, evaluation, or rehabilitation of the offended. Jurisdiction over a person sentenced to a program or institution off the Reservation shall be absolutely retained by the Tribe and the Court. No placement off the Reservation shall be valid unless first approved in writing by the Court and any order of such placement shall specify that the Courts retains jurisdiction over any person so placed.

Subdivision 2.             Fine. A money fine in an amount not to exceed the maximum permitted by the code provision defining the offense. If the Court determines that a convicted offender is unable to pay forthwith a money fine assessed under this section or costs assessed under this code, the Court shall allow him to make a reasonable period of time to pay the entire sum or allow him to make installment payments to the Clerk of Court at specified intervals until the entire sum is paid. If the offender defaults on such payments, the Court may find him in contempt of court and punish him accordingly. Any convicted person may, if he so chooses, elect to serve time in jail at the rate of ten (10) dollars per day to be credited against any fine or costs such person owes.

Subdivision 3.            Restitution. In addition to or in lieu of the penalties provided above, the Court may require a convicted offender who has inflicted injury upon the person or property of another to make restitution or compensation to the injured person by means of the surrender of property, payment of money damages, or the performance of any other act, including appropriate work detail, for the benefit of the injured party.

Subdivision 4.            Suspended Sentence; Probation. In its discretion, the Court may suspend all or any portion of such sentence at any time and release the convicted offender on probation under any reasonable conditions imposed by the Court. These conditions may include a requirement that the convicted offender perform public service for the benefit of the Tribe under the supervision of such person as the Court shall direct or shall include a requirement that the convicted offender perform his sentence under the "Huber" Law. If the convicted offender violates the conditions of his probation, the Court may, after giving him notice and the opportunity for a hearing in open court, revoke or alter the terms of his probation, and may, as a penalty for a violation of the probation, impose an additional fine or imprisonment.

Subdivision 5.            Consideration in Imposing Sentences. In determining the character and duration of the sentence to 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 wilful, and whether the defendant has attempted to make amends, and shall give due consideration to the extent of the defendant's financial resources and the needs of his dependents.

Subdivision 6.            Concurrent and Consecutive Sentences. When a person is convicted of or pleads guilty to multiple current offenses, or when there is a prior sentence which has not expired or been discharged, or when the conviction is for escape from lawful custody, or when probation has not expired and a new offense is committed, for which the person is subsequently convicted or pleads guilty, consecutive sentences may be given.

(Section 411.01, Subds. 2 & 4 revised to Tribal Code by Resolution No. 205-90, dated September 11, 1990)

(Section 411.01, Subd. 2 revised by Tribal Resolution No. 53-92, dated, February 11, 1992)

(Subd. 1 revised to Tribal Code by Resolution No. 167-95 dated August 8, 1995)

(Subd. 6 added to Tribal Code by Resolution No. 167-95 dated August 8, 1995)

411.02                         Registration of Sex Offenders

Subdivision 1. Registration required. A person shall register under this section if the person was charged with, and convicted or pled guilty, or petitioned for, and adjudicated delinquent, for a violation of, or an attempt to violate, any of the following: 503.03, 508.03, 508.05, 508.06, 508.07, or 508.08, or any similar offense.

Subdivision 2. When a person who is required to register under this section is sentenced or given a disposition, the Court shall tell the person of the duty to register under this Section. The Court shall require the person to acknowledge this duty verbally at sentencing or the disposition hearing.

Subdivision 3. Registration procedure: (a) The person shall register with Red Lake Law Enforcement or probation officer who shall keep a record of such registration.

(b) At least five days before the person changes residence, the person shall give written notice of the new residence. An offender is deemed to change residence, the person shall give written notice of the new residence. An offender is deemed to change residence when the offender remains at a new address for longer than three (3) days and evinces an intent to take up residence there.

Subdivision 4. Contents of registration. Registration shall consist of a current address, a fingerprint card, current photograph, and blood sample for DNA analysis.

Subdivision 5. Criminal Penalty. A person required to register under this section who violates any of its provisions or intentionally provides false information to the probation officer or law enforcement is guilty of a gross misdemeanor.

Subdivision 6. Registration period. A person required to register under this Section shall continue to comply with this Section for ten (10) years from date of sentencing or disposition.

Subdivision 7. Use of Information. The information provided under this Section may be used only for law enforcement or licensing purposes, except it may be released to the Tribal Council to ensure the peace and tranquility of the Reservation.

(Section 411.02 added to Tribal Code by Resolution No. 167-95 dated August 8, 1995)