Rehabilitative Treatment as Probation Instead of Sentence

Ute Indian Tribe Law and Order Code. Title 13 Ute Indian Criminal Code.

Tribe: Ute Mountain Ute Tribe

13-3-24 Suspension of sentence and probation.

(1) Except as otherwise provided in this Code, the Court shall have the authority to suspend the imposition of sentence on a person who has been convicted of an offense and place him on probation as provided herein.

(2) When the Court suspends the imposition of sentence on a person who has been convicted of a crime or sentences him to be placed on probation, it shall attach such reasonable conditions, as authorized herein, as it deems necessary to insure that he will lead a law abiding life or likely to assist him to do so.

(3) The Court, as a condition of its order of probation, may require the defendant:

(a) to meet his family responsibilities;

(b) to devote himself to a specific employment or occupation;

(c) to undergo available medical or psychiatric or other rehabilitative treatment and to enter and remain in a specified institution, when required for that purpose;

(d) to pursue a prescribed secular course of study or vocational training;

(e) to attend or reside in a facility established for the instruction, recreation or residence of persons on probation;

(f) to refrain from frequenting unlawful or disreputable places or consorting with disreputable persons;

(g) to refrain from all use of intoxicants, narcotics, or drugs, the sale of which is controlled by the State or federal government, unless taken or used under a doctor’s orders and obtained by a doctor’s prescription;

(h) to have in his possession no firearm or other dangerous weapon unless granted written permission by the Court or the Adult Probation and Parole Department;

(i) to make restitution of the fruits of his crime or to make reparation, in an amount he can afford to pay, for the loss or damage caused thereby;

(j) to remain within the jurisdiction of the Court and to notify the Court or the probation officer of any change of address or employment;

(k) to report as directed to the Court or the probation officer and to permit the officer to visit his home;

(l) to post a bond, with or without surety, conditioned on the performance of any of the foregoing obligations;

(m) to satisfy any other conditions reasonably related to the rehabilitation of the defendant and not incompatible with his freedom of conscience or unduly restrictive of his liberty given his status as a probationer.

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