Tribe: Fort McDowell Yavapai Nation
Sec. 6-142. – Additional penalties or conditions; costs assessed against per capita payments; maximum sentence.
A.In addition to any other sentence, the court may order an offender to do the following:1.To pay restitution to the victim of the offense;2.To pay the cost of his/her incarceration.3.To pay the costs directly incurred and reasonably necessary for the investigation of the offense which would not have been otherwise expended but for the investigation of the defendant’s case except that such costs shall not include the salaries of police officers and police department personnel.4.To pay the cost of services, counseling, treatment, and rehabilitation provided or arranged by Wassaja Family Services or any other service provider.5.To complete community work hours.6.To refrain from contact or behavior.7.Any other requirements or conditions that the Court deems appropriate.B.If the offender is a member of the Fort McDowell Yavapai Nation and is currently receiving per capita payments from the Fort McDowell Yavapai Nation, the court may order that the costs listed in subparagraphs 1-4 be deducted from the offender’s monthly per capita payments and be paid to the victim or the Nation.C.In no event shall the court impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of one (1) year or a fine of five thousand dollars ($5,000.00), or both.D.The costs listed in subparagraphs (A)(1-4) of this section shall not be considered a fine under subparagraph (C) of this section and may exceed the five thousand dollar ($5,000.00) limitation set forth in that subparagraph. All monies imposed and received pursuant to subparagraphs (A)(2-4) of this section shall be deposited in the Nation’s general fund. […] Sec. 6-143. – Probation.
A.A defendant who has been found guilty of an offense may be sentenced to a term of probation unless the offense is an offense for which probation has been expressly precluded.B.The authorized term of probation shall not exceed more than two (2) years per offense.C.Probation may include a term of incarceration and/or such other terms that the Tribal Court deems reasonable under the circumstances of the case, including but not limited to the following:1.Rehabilitative measures;2.No-association requirements;3.Drug and/or alcohol testing;4.No contact provisions;5.Restitution;6.Curfew; and7.Any such other term or conditions, that under the individual circumstance of each case the Tribal Court deems reasonable in an effort to rehabilitate the defendant.