Search Details | VictimLaw

Statutes | The Confederated Salish and Kootenai Tribal Law Code Title II Chapter 2 Part 12 § 2-2-1203 | 2019

(1) No sentence shall be imposed until:

(a) the offender and the offenders counsel have had an opportunity to examine any pre&ndashsentence report and to cross&ndashexamine the preparer of such report on the basis for any sentencing recommendations contained in the report,

(b) the prosecution and defense have had an opportunity to present evidence, witnesses, and an argument regarding the appropriateness of a sentencing option and

(c) the offender has had the opportunity to speak on his or her own behalf and to present any information likely to mitigate the pending sentence.

(2) Sentencing shall be imposed on all offenses pursuant to Tribal law. To the extent that any Montana statute incorporated into Tribal law provides a penalty that conflicts with Tribal sentencing law, Tribal sentencing law will control.

(3) An offender found guilty of an offense may be sentenced to one or more of the following penalties:

(a) deferred imposition of sentence with reasonable restrictions and conditions monitored by the Tribal Probation Officer, and with the following characteristics:

(i) the record of the offense shall be expunged upon satisfactory performance by the offender of the restrictions and conditions of deferral for a period not to exceed one year for Class A, Class B, Class C, and Class D offenses and three years for a Class E offense, and

(ii) imposition of sentence will occur immediately upon violation of a restriction or condition of the deferral

(b) suspended execution of all or part of a sentence for one year for Class A, Class B, Class C, and Class D offenses and three years for a Class E offense, with the offender being placed on probation under reasonable restrictions and conditions for the period of suspension, and with a violation of a restriction or condition resulting in execution of the suspended portion of the sentence

(d) a fine in an amount not to exceed the maximum permitted for the offense

(e) community service

(f) any diagnostic, therapeutic, or rehabilitative measures, treatments, or services deemed appropriate

(g) restitution to a victim of an offense for which the offender was convicted or

(h) a person may be allowed to serve home arrest at the persons expense, but will not be eligible for parole under Section 2&ndash3&ndash302.

(4) The court may impose any or all of the following restrictions or conditions as part of a sentence, suspended or otherwise, or a deferred imposition of sentence, for rehabilitative purposes or to protect the Reservation community:

(a) prohibiting the offender from owning or carrying a dangerous weapon

(b) restricting the offenders freedom of movement

(d) requiring the offender, if employed, to remain employed and, if unemployed, to actively seek employment and

(e) any requirement or limitation intended to improve the mental or physical health or marketable skills of the offender.

(5) Unless the Tribal Court otherwise directs in its pronouncement of sentence, all sentences stemming from offenses occurring in the same transaction or course of conduct shall run concurrently and not consecutively.

(6) Any monies paid to the Tribes or to the victim of an offense as a result of this provision shall be paid through the Clerk of Court.

(7) Where the Court in its discretion deems it appropriate, a form of traditional punishment may be imposed in addition to or in place of any punishment provided in this Code.

2–2–1203. Imposition of sentence