Tribe: Oneida Nation
309.11-2. Penalties. Upon a finding by the Trial Court that a violation of this law has occurred,
the individual 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 adopt through resolution a citation 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 negotiated by the Oneida Law Office and
approved by the Trial Court.
(3) If an individual does not pay his or her fine the Trial 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 Trial 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 Trial Court. The
Trial Court shall give preference to culturally relevant community service
assignments or community service assignments that focus on the betterment of the
individual’s community.
(2) The Trial 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 Trial 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 Trial Court determines is relevant. (c)
Counseling or other Programs. An individual may be ordered to participate in
counseling or any other program relevant and available to the Nation.
(d) Restitution. An individual may be ordered to pay restitution, which may include the
repayment of any improperly received benefit, or any other payment which is intended to
make another whole after suffering losses as a result of the actions of the individual.
(1) The Trial Court shall determine an appropriate amount of restitution to be paid
for the theft or damage of any venerated object, which may be higher than the
monetary value of the venerated object due to its venerated status.
(e) Any other penalty as deemed appropriate by the Trial Court.