Suspended Sentences with Rehabilitative and Restorative Conditions

Title 3, § 3-6-107(F)

Tribe: Spirit Lake Tribe

At the time of adjudging a sentence, or at any time thereafter prior to the completion of a sentence, whether of a fine, imprisonment or both, the Tribal Court may suspend all or any unsatisfied portion of that sentence. Such suspension shall be upon reasonable terms and conditions as deemed necessary and appropriate to the Tribal Court. The period of suspension of all or any portion of a sentence shall not extend longer than one year from and after the date of the original sentence, and if at that time the convicted person has complied fully with all of the terms and provisions of the suspension, the sentence shall be satisfied and discharged. The Tribal Court shall issue a Certificate of Discharge to that effect. Appropriate considerations for suspension of a sentence include, but are not limited to, the prior record of the convicted person, background and character, financial conditions, family and employment obligations, facts of extenuation or mitigation of the offense for which the person was convicted, the severity of the offense and the degree to which the victim or any other person was injured or damaged by the crime, the apparent permanence of residency within the Reservation, sense of pertinence and other relevant factors. As conditions of suspension, the Tribal Court may require, among other things, that the convicted person: Satisfactorily meet responsibilities for the care and support of the family; Perform labor or services for the benefit of the Tribe; Undergo available medical or psychiatric treatment; Satisfactorily participate in a rehabilitation program, such as driver education or Alcoholics Anonymous; Not possess firearms or other dangerous weapons; Make restitution or reparation for any damage, loss or injury caused by the offense; Not associate with individuals or groups of individuals designated by the Tribal Court; Restriction from such areas or places as may be designated by the Tribal Court; Not commit any offense under this Code or the ordinances of the Tribe, nor under the criminal or traffic laws of the United States or any State or any subdivision thereof; Not operate a motor vehicle; Maintain a daily schedule as specified by the Tribal Court.

Read Full Text of Title 3, § 3-6-107(F)