Tribe: Stillaguamish Tribe of Indians of Washington
4.65.005 – Sentencing- Guidelines
The judges of the Court shall have broad latitude in the sentencing of persons convicted of any offense, except in cases concerning Class A Criminal Offenses, wherein the prescribed sentences shall be considered mandatory.
Sentences for multiple convictions shall be served consecutively rather than concurrently. In determining sentences, judges shall be guided by the welfare of the Tribal community and the particular need of the convicted person. Sentences may be of a nature customary with foreign systems of law, or may reflect traditional Stillaguamish remedies. Sentencing for hunting or fishing offenses shall be in accordance with the respective Stillaguamish Hunting or Fishing Ordinance.
Whether a trial is by a jury or the Court (bench trial), upon conviction the presiding Judge shall determine the sentence. The following shall guide the judge when imposing a sentence:
1) A defendant may be sentenced to jail, home monitoring or to a work assignment, or any combination thereof, at the discretion of the judge and the budget of the Tribe;
2) Fines may be paid pursuant to a payment schedule, to be determined by the judge, who shall carefully consider the person’s financial resources;
3) In serving jail time or work assignment in lieu of paying a fine, the person shall be credited at the rate of $25.00 per day;
4) The Court may direct that all or part of a fine be paid to a victim as restitution;
5) In the event that restitution is ordered, a separate hearing must be held to determine the amount of the victim’s damages;
6) A defendant who testifies at a hearing determining restitution does not waive his rights against self-incrimination in the event of a new trial;
7) The fact that restitution has been ordered as a part of a criminal proceeding shall not preclude a civil action against the defendant;
8) Upon conviction for any offense, the Court may order that court costs be paid;
9) In determining the nature and duration of a sentence, the Court shall consider the previous conduct of the defendant, the circumstances of the crime, whether the defendant represents a danger to the victim and/or the community, the extent of the defendant’s resources and the needs of his dependents;
10) The penalties prescribed under Infractions, Parking Violations, and Class B, Class C, or Class D Offenses are maximum penalties and should be imposed only in extreme cases;
11) Other rehabilitation methods may be ordered in lieu of a fine or jail term, based on findings in a pre-sentence report.