Alternative Sentencing in Drug Misdemeanor Offenses

Chippewa Cree Indians of the Rocky Boy's Reservation TITLE IV CRIMINAL OFFENSES

Tribe: Chippewa Cree Indians of the Rocky Boy's Reservation

4-9-401. Alternative sentencing authority
(1) A person convicted of a dangerous drug misdemeanor offense under this chapter may, in lieu
of imprisonment, be sentenced according to the alternatives provided in subsection (2).
(2) If the Court determines, either from the face of the record or from a presentence investigation
and report, that incarceration of the defendant is not appropriate, the Court may, as a condition of
a suspended or deferred sentence, impose one or more of the following alternatives;
(a) commitment to a residential drug treatment facility licensed and approved for rehabilitative
treatment for not less than the minimum recommended time determined necessary by the facility
and not more than one (1) year.
(b) mandatory service of not more than 2,000 hours in a community-based drug treatment or
drug education program with compliance to be monitored by the probation department.
(c) placement in a probation program that requires that the defendant comply with all of the
following conditions:
(i) maintain employment, full-time student status, or be involved in job searches or community
service work designated by the probation officer;
(ii) remain drug free and submit to drug and alcohol tests administered randomly;
(iii) perform not less than ten (10) hours of community service each month, full-time
employees/students are exempt from this requirement;
(iv) enroll or make satisfactory effort to seek enrollment in an approved drug rehabilitation
program; and
(v) comply with any other conditions imposed by the Court to meet the needs of the community
and the defendant.
(3) Youth Court has jurisdiction of any violation of subsection (1) by a person less than eighteen
(18) years of age.

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