Tribe: Mississippi Band of Choctaw Indians
§2‐1-22 Suspension of Sentence (a)
The court may, upon such reasonable terms and conditions as it considers necessary to assist the
defendant to lead a new life, following Choctaw laws and applicable federal laws, suspend any
sentence and release a prisoner on probation. In granting probation the judge shall consider the
defendant’s prior criminal record, his background, character, financial condition, family
obligations and other reasonably relevant circumstances. (b ) The court, as a condition of its order, may require the defendant: (1) to meet his family obligations; (2) to devote himself to specific employment or an occupation; (3) to undergo available medical or psychiatric treatment or attend regular rehabilitation
programs, such Alcoholics Anonymous or similar meetings, and to enter and remain in
a specified institution when required for that purpose; (4) to pursue a prescribed secular course of study or vocational training; (5) to attend or reside in a facility established for the instruction, recreation, or
residence of persons on probation; (6) disreputable persons;(7) to not have in his possession any firearm or other dangerous weapon; (8) 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; (9) to remain within the jurisdiction of the court and to notify the court or the
probation officer of any change in his address or employment; (10) to report as directed to the court or the probation officer and to permit the officer to
visit his home; (11) to post a bond, with or without surety, conditioned on the performance of any of the
foregoing obligations; or (12) to satisfy any other conditions reasonably related to the rehabilitation of the
defendant and not unduly restrictive of his liberty or incompatible with his
freedom of conscience. (c) No conditions or conditional orders entered under §2‐1-22(b) shall have any force and effect for any period of time in excess of the maximum sentence which the court could lawfully
impose under the Tribal Code, and no order purporting to continue such conditions beyond
said period shall be entered or enforced in the Tribal Courts. (d) Upon the expiration of the term fixed for such probation, the probation officer shall report that
fact to the court, with a statement of the conduct of the probationer while on probation, and the
court may thereupon discharge the probationer from further supervision, or may extend the
probation, as he shall deem advisable. At any time during the probationary term the court
may: (1) modify the terms and conditions of the Order of Probation; or may terminate such
probation, when in the opinion of the court the ends of justice shall require, and when
the probation is so terminated the court shall enter an order discharging the probationer
from serving the imposed penalty, or (2) revoke the Order of Probation and cause the arrest of the probationer and impose a
sentence and require him to serve the sentence or pay the fine originally imposed, or
both, as the case may be, and the time on probation shall not be taken into account to
diminish the time for which he was originally sentenced.