Tribe: Citizen Potawatomi Nation
Statement of Policy: The sentencing policy of the
Tribe in criminal cases is restitution and reconciliation
of the offender, victim and Tribe. One goal is to
impress upon the wrongdoer the wrong committed.
The paramount goal is to restore the victim and Tribe
to their prior position, and to restore the offender
to harmony with the community by requiring him to
right his wrongdoing. With consideration of these
goals, the provisions of this Chapter shall govern
Tribal sentencing.
(A) Unless the Court determines justice will
not be served or a civil action is more
appropriate in addition to any sentence, the
Court shall:
(1) Order the offender to pay restitution
to the victim in money, property, or
services; and /or
(2) Order the offender to pay restitution to
the Tribe in money, property, or services.
(B) If the offender recognizes the wrong he has
committed, the Court, paying attention to
prior offenses, may:
(1) Allow such offender to exchange work
performed for the Tribe in lieu of a fine
or imprisonment, at the rate set by the
Court; or
(2) Place the offender on probation under
conditions for a period not exceeding
three (3) times the amount of the
maximum sentence; or
(3) Defer entering judgment and sentence
for a period not exceeding five (5)
years on condition that if the defendant
violated no law and satisfies such other
conditions such as restitution, the plea
or verdict guilty will be withdrawn and
charges dismissed.
(4) Allow the offender to pay a fine in goods
or commodities at the fair market value,
provided, the Tribe shall not reimburse
the offender for any excess value of the
property.