Tribe: Curyung Tribal Council
SECTION 2. Sentences and Options for Orders
The Court may issue individualized Orders concerning child custody
arrangements and other Domestic Relations issues. Unless the Curyung Tribal
Court sets a specific penalty for a particular offense, the Curyung Tribal Court
Judges, either by themselves, or through a sentencing circle format, shall
determine the specific Orders for a particular case from the following options: A. Fines: The fines that the Court ay order for violation of a Tribal ordinance
shall not exceed $5,000 or equivalent work sentence. The Court shall order
equal fines for equal violations. Fines shall increase for each successive
violation of the same ordinance by the same person. The Court may garnish
wages, permanent fund or dividend checks, general assistance, or confiscate
property in the case of unpaid fines.
B. Community Work: The work sentences shall benefit the elders, Tribal
members-individually or as a whole, 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 community or employment
opportunities. Work sentences shall be completed within thirty (30) days
unless otherwise directed by the Court. Persons have the option of work
sentences instead of paying a fine only if the Court specifically permits it.
Community work shall contribute $10.00 per hour towards fines ordered by
the Curyung Tribal Court.
C. Traditional Activities: The Curyung 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.
D. Drug and Alcohol Treatment and Other Counseling: The Tribal Court has
the authority to order an assessment for drug and alcohol treatment and a
requirement that the recommendations of the assessment be met, and other
personal 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.
E. 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 Curyung
Tribal Court Clerk. F.
Confiscating Personal Property: The Tribal Court may seize a person’s
personal property if that person is found in contempt of Court b the
Curyung Tribal Court, for not doing what the Curyung Court has ordered.
The property shall remain confiscated and under the care of the satisfaction
of the Curyung Tribal Court. If the person does not comply with the Court
Order within a reasonable length of time, the Curyung Tribal Court may sell
the confiscated property after providing notice of the proposed sale to the
person.
G. Banishment: An Order of permanent or temporary banishment shall only be
used to protect the Tribe and/or Tribal members from harm. Before
banishments may be ordered, the personal shall be given a Citation and
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
Curyung Tribal Court shall notify the surrounding villages when
banishment orders are issued by the Court.