Suspension of Sentence and Probation

Ute Indian Tribe 13-3-15 and 13-3-16

Tribe: Ute Indian Tribe of the Uintah & Ouray Reservation

§13-3-15. Suspension of Sentence and Probation.
(1) Except as otherwise provided in this Code, the Court shall have the authority to suspend the imposition of
sentence on a p~rson who has been convicted of an offense and place him on probation as provided herein.
(2) When the Court suspends the imposition of sentence on a person who has been convicted of a crime or
sentences him to be placed on probation, It shall attach such reasonable co’nditions, as authorized herein, as it
deems necessary to insure that he will lead a law abiding life or likely to assist him to do so.
(3) The Court, as a condition of its order of probation, may require the defendant:
(a) to meet his family responsibilities;
(b) to devote himself to a specific employment or occupation;
(c) to undergo available medical or psychiatric or other rehabilitative treatment and to enter and remain In a specified
institution, when required for that purpose; (cl) to pursue a prescribed secular course of study or vocational training;
(e) to attend or reside in a facility established for the instruction, recreation or residence of persons on probation;
(f) to refrain from frequenting unlawful or disreputable places or consorting with disreputable persons;
(g) to refrain from all use of intoxicants, narcotics, or drugs, the sale of which is controlled by the State or federal
government, unless taken or used under a doctor’s orders and obtained by a doctor’s prescription;
(h) to have in his possession no firearm or other dangerous weapon unless granted written permission by the Court
or the Adult Probation and Parole Department;
(i) to make restitution of the fruits of his crime or to make reparation, in an amount he can afford to pay, for the loss or
damage caused thereby;
(j) to remain within the jurisdiction of the Court and to notify the Court or the probation officer of any change of
address or employment;
(k) to report as directed to the Court or the probation officer and to permit the officer to visit his home;
(I) to post a bond, with or without surety, conditioned on the performance of any of the foregoing obligations;
(m) to satisfy any other conditions reasonably related to the rehabilitation of the defendant and not incompatible with
his freedom of conscience or unduly restrictive of his liberty given his status as a probationer.
( 4) When the Court sentences a person who has been convicted of a Class A offense or a Class B offense to be
placed on probation, it may require him to serve a term of imprisonment not to exceed 30 days in the case of a Class
A offense and 15 days in the case of a Class B offense as an additional condition of its order. Such term of
imprisonment shall be counted as part of the period of the probation but shall not count as part of any sentence
pronounced as & result of a revocation of probation.
(5) The defendant shall be given a copy of the requirements of his probation stated with sufficient specificity to enable
him to guide himself accordingly. […] §13-3-16. Period of Suspension or Probation; Modification.
(1) When the Court has suspended sentence or has sentenced a defendant to be placed on probation, the maximum
period of the suspension or probation shall be 2 years, provided, however, that the maximum period will be imposed
for Class B and C offenses only when such appears to be consistent with the rehabilitative needs of the defendant.
Shorter periods may be imposed at the Court’s discretion.
(2) During the period of suspension or probation, the Court, on application of the probation officer or of the defendant,
or on its own motion, may modify the requirements imposed on the defendant or add further requirements consistent
with the rehabilitative needs of the defendant or may discharge the defendant.
(3) Upon termination of the period of suspension or probation, or the earlier discharge of the defendant, the defendant
shall be relieved of any obligations imposed by the order of the Court and shall have satisfied his sentence for the
offense.

Read Full Text of Ute Indian Tribe 13-3-15 and 13-3-16