Tribe: Sac & Fox Nation, Oklahoma
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 goal 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)
services.
(b)
Order the offender to pay restitution to the Tribe in money, property, or
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 exchange actual work performed for the Tribe in
lieu of a fine or imprisonment, at the rate of eight (8) hours of work per twenty-five
dollars ($25.00) of fine; or
(2)
Place the offender on probation under such reasonable conditions as the
Court may direct for a period not exceeding three (3) times the amount of the maximum
sentence allowed; or
(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restitution as may be imposed, the plea or verdict guilty will be withdrawn and said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.
(4)
In the discretion of the Court, allow the offender to pay a fine in goods or
commodities at the 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.