Tribe: Native Village of Fort Yukon
SECTION 2.02.03
Sentences and Options for Orders
The Tribal Court may issue individualized Orders concerning child custody arrangements
and other domestic relations issues. All Hearings before the Court shall be heard without a
jury. All rules and procedures applicable to the conduct of the hearings except those
specifically applicable only to juries shall apply to the Tribal Court hearings.
Unless the Gwichyaa Zhee Gwich’in Tribal Code sets a specific penalty for a particular
offense, the Gwichyaa Zhee Gwich’in Tribal Court Judges, either by themselves or through
a Justice Circle format, shall determine the specific Orders for a particular case from the
following options:
A. Sentences: A defendant who has pleaded guilty to an offense or who has been
convicted by the Court shall be sentenced or fined or combination of sentence and
fine not to exceed the limitations set forth in this Code. If a sentence is not provided
as part of a specific offense or other provision, the sentence shall not exceed one year
in jail and/or a $5,000.00 fine.
B. Reduction of Sentence for Labor: Any person who is incarcerated shall have the
option, with the permission of the Court, to perform labor for the Tribe to reduce the
time of incarceration. The nature of the labor shall be disclosed to the Court prior to
its determination. Two (2) days for each one (1) day of labor performed shall be subtracted from the sentence. Labor shall be performed under the supervision of an
authorized agent of the Tribal Court.
C. Assistance from State or Federal Government: The Tribal Court may seek
assistance from employees of the state and federal agencies, particularly those who
are engaged in Social Services, Heath and Education work, in the determination of
proper treatment of offenders.
D. Fines: The fines that the Tribal Court may order for violation of a Tribal Ordinance
shall not exceed $5,000 or equivalent work sentence. The Tribal Court shall order
equal fines for equal violations. Fines shall increase for successive violations of the
same ordinance by the same person. The Tribal Court may garnish wages,
permanent fund or dividend checks, general assistance, or confiscate property in the
case of unpaid fines.
E. Community Work: Work sentences may include, but are not limited to, cutting
wood for needy people or the community center, hauling water for needy people or
the community center, working in the school, building maintenance or repair,
hauling and pumping fuel, and cleaning up trash in the Village of Gwichyaa Zhee.
The work sentences shall benefit the needy, the village residents as a whole, the
elders, the victim of an offense, or the youth. Tribal Court Judges shall not order
work sentences that only benefit themselves personally or other Tribal Government
Officials. Work sentences shall not displace persons employed in the Village or
employment opportunities. Work sentences shall be completed within 30 days
unless otherwise directed by the Tribal Court.
a. Community work shall contribute $10.00 per hour towards fines ordered
by the Gwichyaa Zhee Gwich’in Tribal Court. Persons have the option of
work sentences instead of paying a fine only if the Tribal Court
specifically permits it. The Gwichyaa Zhee Gwich’in Tribal Court shall
have the option of working with other Communities if a person moves to
such Communities from Gwichyaa Zhee prior to completing a work
sentence.
F. Banishment: An Order of temporary banishment shall only be used to protect the
Village and/or Village residents from harm. Before banishments may be ordered, the
person shall be given a Citation and a Notice to Appear in Tribal Court. A hearing
shall be held that provides the person an opportunity to speak either in person or
telephonically. The Gwichyaa Zhee Gwich’in Tribal Court shall notify the
surrounding Villages when banishment orders are issued by the Tribal Court.
G. Drug and Alcohol Treatment and Other Counseling: The Tribal Court has the
authority to order an assessment for drug and alcohol treatment and may require that
the recommendations of the assessment be met; and other personal or family
counseling as a sentence or as part of a sentence. The Tribal Court shall consider the
cost to the person and possible waiting periods for getting in to treatment in ordering such treatment. The Tribal Government shall only pay such costs if funding is
available.
H. Restitution: The Tribal Court has the authority to order the defendant to pay
restitution to his or her victims. Such payment shall go through the Gwichyaa Zhee
Gwich’in Tribal Court Clerk.
I. Counseling by Tribal Judges and Elders: The Tribal Judges of the Gwichyaa
Gwich’in Tribal Court may counsel persons brought before it in a helpful spirit. The
Tribal Court may bring Elders into the Courtroom to counsel people.
J. Traditional Activities: The Gwichyaa Zhee Gwichin Tribal Court may order a
person found in violation of an ordinance to participate in seasonally appropriate
traditional activities such as fish camps, trapping, hunting, spirit camps, and other
tribally sponsored or approved traditional activities.
K. Character and Duration of Sentences. In determining the character and duration
of the sentence, 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 willful, and whether the offender voluntarily has attempted
to make restitution. The Court shall give consideration to the extent of the
defendant’s resources and the needs of his/her dependents. The Court shall consider
all of the circumstances of each case to determine whether a lesser penalty of the
maximum is to be imposed.