Tribe: Navajo Nation
§ 220. Criteria
A. No person convicted of an offense pursuant to this Title shall be
sentenced otherwise than in accordance with this Subchapter. A sentence of
incarceration is always considered an extraordinary measure under any offense
enumerated in this Title and should be imposed only as a last alternative where
a defendant is found to have caused serious injury to a victim or victims, or
other serious circumstances warrant a jail sentence. All jail sentences must
be supported by a written statement, by the Court, of reasons for imposition of
a jail sentence.
B. The court may suspend the imposition of sentence of a person who has
been convicted of a crime, may order him or her to be committed in lieu of
sentence to a hospital or other institution for medical, psychiatric or other
rehabilitative treatment, or may sentence him or her as follows:
1. To pay a fine;
2. To be placed on probation;
3. To imprisonment for a definite period within the term
authorized;
4. To fine and probation or fine and imprisonment;
5. To community service.
6. To pay restitution or nályééh.
C. The court may, pursuant to its legal authority, decree a forfeiture of
property, suspend or cancel a license, require full or partial restitution,
remove a non-elected public servant or Navajo Nation government employee from
office, or impose any other civil penalty, and such order or judgment may be
included in the sentence.
D. Sex offender registration and reporting.
1. All Navajo Nation court sentences for convictions, guilty pleas,
pleas of nolo contendre, and all conditions of probation and parole for
violations of sexual offenses shall require that the offender register,
and maintain registration, as a sex offender with the Navajo Nation Chief
of Police.
2. All persons who have been convicted, or entered guilty pleas or pleas of nolo contendre to crimes constituting sexual offenses, by Navajo
Nation courts or the courts of another jurisdiction, and who reside,
work, or attend school within the Navajo Nation shall register, and
maintain registration, as a sex offender with the Navajo Nation Chief of
Police. This registration shall include:
a. A copy of each judgment of the court finding the person
guilty of a sexual offense; and
b. A copy of the probation or parole order relative to each
sexual offense committed, including all conditions of probation or
parole; and
c. The physical address of the residence of the sex offender;
and
offender.
offender.
d. The physical work address of the sex offender; and
e. The physical address of the school attended by the sex
f. The census number and current photograph of the sex
3. All sex offenders shall maintain their registration with the
Navajo Nation Chief of Police by reporting any additional or changed
information set forth in Subsection (D)(1) above to the Navajo Nation
Chief of Police within ten days of any change affecting such information.
4. The Navajo Nation Chief of Police shall provide written notice
to:
a. All District Commanders within the Department of Law
Enforcement and all Navajo Nation Chapter(s) in which the offender
resides, in addition to all Navajo Nation Chapter(s) in which the
offender resides, or works, or attends school; and
b. All print and broadcast media outlets which provide news
coverage to all Navajo Nation Chapter(s) in which the offender resides,
in addition to all Navajo Nation Chapter(s) in which the offender
resides, or works, or attends school.
5. Failure by a sex offender to register, or maintain registration,
as a sex offender shall be conclusive evidence of breach of conditions of
probation or parole contained within any Navajo Nation court order and
require that any such probation or parole be revoked. Any failure to
register, or maintain registration, as a sex offender by a sex offender
whose sexual offense conviction was issued by the court of another
jurisdiction shall be reported, in writing, to that jurisdiction by the
Navajo Nation Chief of Police.