Tribe: Oneida Nation
308.7-1. Upon a finding by the Family Court that a violation of this law has occurred, the minor
and/or the minor’s parent, guardian, or legal custodian may be subject to the following penalties:
(a) Fines. An individual may be ordered to pay a fine as a result of a violation of this law.
The Oneida Business Committee shall hereby be delegated the authority to adopt through
resolution a fine schedule which sets forth specific fine amounts for violations of this law.
(1) All fines shall be paid to the Judiciary.
(2) Fines shall be paid within ninety (90) days after the order is issued or upheld
on final appeal, whichever is later.
(A) The ninety (90) day deadline for payment of fines may be extended if
an alternative payment plan is approved by the Family Court.
(3) If an individual does not pay his or her fine the Family Court may seek to collect
the money owed through the Nation’s garnishment and/or per capita attachment
process or any other collection process available to the Family Court.
(4) Community service may be substituted for part or all of any fine at the minimum
wage rate of the Nation for each hour of community service.
(b) Community service. An individual may be ordered to perform community service.
Community service can be used in lieu of, or in addition to, a fine.
(1) All community service assignments shall be approved by the Family Court.
The Family Court shall give preference to culturally relevant community service
assignments and/or community service assignments that focus on the betterment of
the individual’s community.
(2) The Family Court shall provide the individual a written statement of the terms
of the community service order, and a statement that the community service order
is monitored.
(3) The Family Court’s community service order shall specify:
(A) how many hours of community service the individual is required to
complete;
(B) the time frame in which the hours shall be completed;
(C) how the individual shall obtain approval for his or her community
service assignment;
(D) how the individual shall report his or her hours; and
(E) any other information the Family Court determines is relevant.
(c) Family counseling and/or parenting programs. An individual may be ordered to
participate in a family counseling and/or a parenting program.
(d) Any other penalty as deemed appropriate by the Family Court. […] 308.7-2. Staying a Curfew Penalty. The Family Court may stay the enforcement of a penalty
issued as a result of a curfew violation for a period of time to be determined by the Family Court.
If the individual maintains compliance with the law during the time period in which the penalty is
stayed, then the Family Court may dismiss the citation. If the individual commits another violation
of the law during the time period in which the penalty is stayed, then the penalty shall go into
effect.