Tribe: Quinault Indian Nation
12.01.810 Sentence
(a)
Before imposing sentence upon a Defendant, the Court may conduct a sentencing
hearing at which time it shall consider any presentence, psychological, and/or medical
reports, and allow arguments from the Prosecutor, the defense counsel, probation officer,
the offender, the victim or a representative of the victim, and a law enforcement officer
as to the sentence to be imposed.
(b)
The Court shall state the precise terms of the sentence. The Court shall also advise
the Defendant of his or her right to file an appeal and that the appeal must be filed within 20
business days from the date of sentencing. If the Defendant is sentenced to custody, he or
she shall be given full credit for any time spent in confinement in connection with the
offense.
(c)
Unless otherwise prohibited by applicable law, considerations in sentencing may
include, but are not limited to: (1) The offense or crime committed; (2) The prospects of rehabilitation of the offender; (3) The circumstances under which the offense or crime was committed; (4) The criminal history of the offender; (5) The safety of the community, victim, or the offender; (6) Statements of the victim; (7) Alternatives to imprisonment of the offender; or (8) The ability of the offender to pay a fine. (d) An offender found guilty of an offense or crime may be sentenced to one or more of
the following penalties and/or consequences:
(1)
Imprisonment for a period of time not to exceed the maximum permitted for
the offense or crime; (2) A fine in an amount not to exceed the maximum permitted for the offense or crime; (3) Community service; (4) Electric home monitoring; (5) Serving of sentence on weekends; (6) Any diagnostic, therapeutic, or rehabilitative measures, treatments, or
services deemed appropriate;
(7)
Restitution to a victim of an offense or crime for which the offender was
convicted; (8) Participation in an Elders Panel or Wellness Court; (9) Suspension of all or part of the sentence for a reasonable time, not to exceed
three years, under such terms imposed by the Court; (10) Unless otherwise prohibited by applicable law, defer the imposition of
sentence. Such deferred sentence shall provide for restrictions and conditions, as
well as the following provisions:
(A)
That the record of the offense shall be expunged upon satisfactory
performance by the Defendant of the restrictions and conditions for a period
not to exceed one year for misdemeanors and gross misdemeanors, and three
years for felonies; and
(B)
Notice by the Tribal Court that upon a finding of (i) a violation of a
restriction or condition of deferred sentencing order or (ii) that an offense has
been committed similar to that for which sentence has been deferred, an
appropriate sanction may be ordered, including revocation of the deferred
sentencing and imposition of sentencing. (11) Prohibiting the offender from owning or carrying a dangerous weapon; (12) Restricting the offender’s freedom of movement; (13) Restricting the offender’s freedom of association; (14) Requiring the offender, if employed, to remain employed and, if
unemployed, to actively seek employment; (15) Subjecting the offender to search of the offender’s residence, vehicle, and
person; and (16) Any requirement or limitation intended to improve the mental or physical
health or marketable skills of the offender. (e)
The Court may suspend or defer any sentence upon such or conditions that are
reasonable and release the Defendant on probation. In granting probation, the Court shall
consider such factors as the Defendant’s prior criminal history, background, financial
circumstances, family obligations and other relevant circumstances. The Court shall specify
the terms of the probation. (f) The Court may order probation as follows, in addition to any confinement: (1) Up to six months for a misdemeanor; (2) Up to one year for a gross misdemeanor; (3) Up to two years for a felony. (g) When the Court orders the Defendant to pay restitution to the victim or victims of
the crime, the restitution shall be in an amount easily ascertainable, for damage or injury
related to the crime and proven by a preponderance of the evidence. No person shall be
confined solely because of their inability to pay ordered restitution. (h) The Court may waive the imposition of all or part of a period of confinement and
instead impose a sentence which includes time in any facility operated by a governmental
entity, or any accredited drug or alcohol treatment facility.