Statutes | The Confederated Salish and Kootenai Tribal Law Code Title II Chapter 2 Part 12 ยง 2-2-1209 | 2019

(1) If a defendant sentenced to pay a fine or restitution fails to make payment as ordered, the Court or the Prosecutor may move that the offender show cause why the offenders nonpayment should not be treated as contempt of court.  Notice of a show cause hearing on the contempt charge shall be served on the offender by law enforcement officers at least five days prior to the date set for hearing. Notice shall also be served on the victim if the show cause was issued for failure to pay restitution.

 

(2) Unless the offender shows that the nonpayment was not attributable to an intentional refusal to obey a Tribal Court order or the offenders failure to make a good faith effort to make the ordered payments, the Tribal Court may find the offender in contempt and order the person incarcerated until the fine is satisfied.  Time served shall be credited against the fine at the rate of $50.00 per day unless otherwise set by the Tribal Council.

 

(3) If the Court determines that the offenders nonpayment does not constitute contempt, the Court may modify the original sentence, judgment, or order, allowing the offender additional time to pay the fine or restitution or reducing the amount owed.