Tribe: Sac & Fox Nation of Missouri in Kansas and Nebraska
Section 403. General Sentencing Provisions
Statement of Policy. The sentencing policy of the Tribe in
criminal cases is to strive toward restitution and
reconciliation of the offender and the victim and Tribe. While
one goal of sentencing is to impress upon the wrongdoer the
wrong he has committed, the paramount goad is to restore the
victim and Tribe to the position that existed prior to the
commitment of the offense, and to restore the offender to
harmony with them and the community by requiring him to right
his wrongdoing. Therefore, with consideration of these goals in
mind, the provisions of this Chapter shall govern Tribal
sentencing for criminal offenses.
(a) Unless the Court determines that the ends of justice
will not be served thereby, or that a civil action will more
adequately adjudicate damages in the specific case at hand, then
in addition to any sentence otherwise provided by law 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) In effectuating Tribal sentencing policy, if the
offender recognizes the wrong he has committed, and earnestly
repents of such wrong, the Court, paying particular attention to
prior offenses, in its discretion may: (1) Allow such offender to
performed for the Tribe in lieu of a
at the rate of eight ( 8) hours of
dollars ($25.00) of fine; or
exchange actual work
fine or imprisonment,
work per twenty-five
( 2) Place the
reasonable conditions
not exceeding three
sentence allowed; or
offender on probation
as the Court may direct
(3) times the amount of
under such
for a period
the maximum
( 3) Defer entering the judgment and imposing sentence
for a period not exceeding four (4) times the maximum
sentence allowed on condition that if the Defendant
violated no law and satisfies such other reasonable
conditions such as restitution as may be imposed, the plea or verdict guilty will be withdrawn and said charges will
be dismissed; or
(4) In the discretion of the Court, allow the offender
to pay a fine in goods or commodities at fair market value
of the goods or commodities to be surrendered, provided,
that the Tribe shall not reimburse the offender for any
excess value of the property surrendered.
[History: 1992, May 2; R-30-92:
PUBLIC LAW# T 11 § 403]