Restitution and Reparation (Victim Compensation)

TAT Criminal Code §§ 3-9-4.1(e), 3-9-8.1, 3-9-8.2

Tribe: Three Affiliated Tribes of the Fort Berthold Reservation (Also known as: Mandan, Hidatsa & Arikara Nation or MHA Nation)

3-9-4.1(e) – In all cases, regardless of the sentence, where deemed appropriate by the Tribal court judge or magistrate judge, order payment of restitution for damages resulting from the commission of the offense.
3-9-8.1 Hearing Prior to Restitution or Reparation Order – Prior to imposing reparation as a sentence or condition of probation, the court shall hold a hearing… The court shall make determination as to: (a) The reasonable damages sustained by the victim; (b) The ability of the defendant to restore or pay; and (c) The likelihood that restitution will serve a valid rehabilitation purpose.
3-9-8.2 – The court shall fix the amount of restitution or reparation and shall fix the manner of performance. An order that a defendant make restitution or reparation may be filed, transcribed, and enforced in the same manner which civil judgments may be enforced.

Read Full Text of TAT Criminal Code §§ 3-9-4.1(e), 3-9-8.1, 3-9-8.2