Tribe: Grand Traverse Band of Ottawa and Chippewa Indians
§ 106 – Sentencing (a) Types of Sentences. The Court may suspend the imposition of sentence of a person who has been convicted of a crime, may order an appropriate rehabilitative treatment, may order the offender to be committed in lieu of sentence to a hospital or other institution for medical, psychiatric, or other rehabilitative treatment, or may sentence him/her as follows: (1) To perform community service work; (2) To pay restitution or provide restitutive services to the injured parties; (3) To be placed on probation; (4) To imprisonment for a definite period up to the term authorized by law; and/or (5) To fine and probation, or fine and imprisonment. (b) Delayed Sentencing. The judge may delay final sentencing for a period up to one (1) year, and order community service and/or rehabilitative services during that time. At the end of the specified time, the judge may, if appropriate, dismiss the charges and expunge them from the Court record. (c) Taking Jurisdiction over Family or Household. When an offense has been committed against the family under § 107(k) of this Title, the Court may take jurisdiction over the family or household, make child/victims wards of the Court, and issue such orders as are necessary to ensure the safety and welfare of family members. (d) Probation. The Court shall have the discretion in any case, expect where prohibited by this code or by Tribal ordinance, to suspend all or any part of an offender’s sentence and release the defendant on probation. The offender shall sign a probationary pledge, the conditions and limitations of which shall be clearly set forth by the Court. (e) Victim’s Impact Statement. Prior to sentencing, the Court shall inform the victim(s) of
their right to submit a written statement to the Court detailing the physical, material, and
emotional damages that they suffered as a result of the offender’s actions. The judge, in
his/her discretion, may allow oral testimony to be taken regarding such damages, in
addition to, or in lieu of, the written statement.
(f) Sentencing Considerations. Before imposing sentence, the Court shall take into
consideration the offender’s prior record, family circumstances, employment status, and
any other circumstance which will aid in imposing a just and fair sentence, paying
particular attention to the victim’s impact statement described above. Restitution and
community service work should generally be preferred over incarceration. A judge should
only order incarceration when the Court determines that it is necessary for the safety of the
community, or when the Court determines that the offender is unlikely to cooperate in
providing restitution or performing community service work, or when the offense
committed is such that incarceration is the only viable punishment.