Option for Alternative Form of Punishment in Sentencing

MLOC 5.21.9.4

Tribe: Makah Indian Tribe of the Makah Indian Reservation

5.21.9.4 Serving Sentences Imposed by Enhanced Sentencing Authority
In the exercise of its enhanced sentencing authority under this Section, the court may require a convicted offender to serve the sentence: (1) in a tribal correctional center that has been approved by the Bureau of Indian Affairs for long -term incarceration, in accordance with guidelines developed by the Bureau of Indian Affairs, in consultation with Indian tribes; or (2) (2) In the nearest appropriate federal facility, at the expense of the United States pursuant to a memorandum of agreement with the Bureau of Prisons pursuant to§ 304(4) of the Tribal Law and Order Act of 2010 and 25 U.S.C. § 1302 as amended by that Act, (3) (3) in a state or local government-approved detention or correctional center pursuant to an agreement between the Makah Tribe and the state or local government; or (4) (4) in accordance with article VII (Bill of Rights) of the MAKAH CONSTITUTION and the Indian Civil Rights Act,§ 1302, as amended by the Tribal Law and Order Act of 2010, to serve an alternative form of punishment, as determined by the judge of the Makah Tribal Court in accordance with this Title and other applicable Makah law.

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