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SISSETON-WAHPETON
SIOUX TRIBE

CHAPTER 24

SENTENCES

 

24-01-0l KINDS OF SENTENCES

24-01-02 Sentence to Imprisonment, Fine or Work
Any Indian who has been convicted of an offense shall be alternately sentenced to imprisonment or a fine. No Section of this Code shall prohibit the Court from imposing any sentence, deemed more appropriate than imprisonment or a fine, under the circumstances of a particular case. Sentences may include, for example: Commitment to a rehabilitation program, work for the benefit of the Tribe, restitution, etc.

24-01-03 Payment of Fines
Fines shall be paid in cash, or in property of the required value as may be directed by the Court. Upon request of the convicted person, the duly authorized Federal officer shall pay the fine out of funds of the convicted person on deposit at the Agency, or, if the judgement so requires, shall approve the transfer of property to the Tribe in payment of the fine.

24-02-01 FACTORS IN DETERMINING SENTENCE
In determining the character and duration of the sentence to be imposed the Court shall consider:

1. That the sentences fixed in this Code are the maximum sentences;

2. The previous record and conduct of the convicted person;

3. Whether the offense was malicious or willful;

4. Whether the convicted person has made restitution or paid damages; and

5. The financial resources and needs of the convicted person and his dependents and such other factors as the Court may deem appropriate.

24-03-01 SUSPENSION OF SENTENCES
The Court, may, on such terms and conditions as the Court may impose, suspend the sentence and release a convicted person on probation upon the person's pledge of good conduct for the duration of the sentence.

24-04-01 PROBATION

24-04-02 Conditions of Probation
The Court may release on probation a convicted person on such terms and conditions as are just and appropriate, taking into consideration the prior criminal record of the defendant, his background, character, financial condition, family obligations, and any other pertinent circumstances.

24-04-03 Violations of Conditions of Probation
Any person who violates the terms and conditions of his probation may be required to serve the remainder of the original sentence, giving credit for the time served on probation.

24-O5-01 PAROLE
Any prisoner confined to jail who shall have served without misconduct one-fourth (1/4) of the sentence imposed shall be eligible for parole.

24-O5-02 Granting Parole
Parole may be granted by the Court upon such terms and conditions, including the requirement of personal reports from the parolee, as the Court may prescribe.

24-O5-03 Violation of Parole
Any paroled person who shall violate any provisions of his parole may be apprehended and confined to serve the remainder of the original sentence, giving credit for the time served on parole.

24-06-01 COMMUTATION OF SENTENCE
If the Court is satisfied that justice will best be served by reducing a sentence, the Court may at any time commute to a lesser period any sentence imposed upon a person, upon proof that during the period of sentence the person served without misconduct and did satisfactory work.

24-07-01 SEVERABILITY
If any clause, sentence, paragraph, section, or part of this code shall, for any reason be adjudicated by any Court of competent jurisdiction, to be invalid or unconstitutional, such judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgement shall have been rendered.

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