Tribe: Oneida Indian Nation
704. AUTHORIZED DISPOSITIONS.
Rule 704 AUTHORIZED DISPOSITIONS. a. Whenever any person has been found guilty of a crime, the court may adjudge any
of the following: 1. commit the defendant to a jail facility for the term provided by law; 2. impose the fine applicable to the offense; 3. release the defendant on probation if the circumstances are substantial and
compelling, subject to such terms and conditions as the court may deem
appropriate for a period not exceeding three (3) times the amount of the
maximum sentence; 4. assign the defendant to a house arrest program; 5. order the defendant to attend and satisfactorily complete an alcohol or drug
education or training program; 6. order the defendant to pay full or partial restitution; 7. impose any appropriate combination of (1 ), (2), (3), (4), (5), and (6); or 8. suspend imposition of sentence. In addition to or in lieu of any of the above, the court may order the defendant to
submit to and complete an alcohol and drug evaluation and pay the evaluation fee.
In imposing a fine the court may authorize payment in installments. The Court may
allow the defendant to exchange actual work performed for the Nation or the victim
in lieu of a fine at the rate of eight (8) hours of work per fifty dollars ($50.00) of
fine.
In releasing a defendant on probation, the court shall direct that the defendant be
under the supervision of the Nation Probation Department. If the court commits the
defendant to jail, the court may specify in its order the amount of restitution to be
paid and the person to whom it shall be paid if restitution is later ordered as a
condition of probation or parole.
The court in committing a defendant to a term or imprisonment shall fix the term of
confinement within the limits provided by law. In those cases where the law does not
fix a term of confinement for the crime for which the defendant was convicted, the
court shall fix the term of such confinement. b. This section shall not deprive the court of any authority conferred by any other
Nation statute to decree a forfeiture of property, suspend or cancel a license, or
impose any other civil penalty as a result of a conviction of a crime. d. Acceptance of probation shall not constitute an acquiescence in the judgment for purpose of appeal and any convicted person may appeal from such conviction, as
provided by law, without regard to whether such person has requested probation or
suspension of sentence.