26.13.190 Criminal Street Gang Activity; Enhancement of Penalties

(a) Upon a finding in the Turtle Mountain Tribal Court or any previous court at sentencing that the offender is a member of a criminal street gang, the penalty for any offense in violation of the Turtle Mountain Code, or any delinquent act or violation of law which would be a violation of the Turtle Mountain Code if committed by an adult, may be enhanced if the offender was a member of a criminal street gang at the time of the commission of such offense.

(1) The burden of proof required for such findings allowing sentence enhancement shall be a "preponderance of the evidence," however, the burden of proof for a conviction of the underlying criminal offense remains "beyond a reasonable doubt."

(2) The enhancement will be sentencing at the maximum punishment for adults shall be a Class [3] three offense and the fine is to be used by Tribal Council to fund gang prevention or enforcement programs.

(b) In the case of juvenile offender(s) the disposition may include, but is not limited to:

(1) Probation for a period of six months to one year;

(2) Performance of community service hours;

(3) Restitution to victims/community members;

(4) Placement in behavior management facilities until completion/graduation from school or a court ordered program;

(5) Counseling; and,

(6) Placement in detention facilities for a period of time to be determined by the presiding judge.