Statutes | Coushatta Tribe of LA Crim. Proc. Code Title II Chapter VI ยง 1 | 2019
Any person who has been convicted of an offense enumerated in this Code maybe sentenced by the Court to one or a combination of the following penalties:
a) Imprisonment for a period not to exceed the maximum permitted by the code provision defining the offense. Imprisonment may be continuous or intermittent. On any sentence of imprisonment, credit shall be given for all time spent in custody in an institution as a result of the charge for which the sentence was imposed. Imprisonment may include commitment to an appropriate institution or program, either on or off the Reservation, for care, treatment, evaluation or rehabilitation of the offender. Anyone receiving physical custody of a person sentenced by the Court shall be acting solely as an agent of the Tribe and Court. Jurisdiction over a person sentenced to a program or institution off the Reservation shall be retained by the Tribe and the Court exclusively. No placement off the Reservation shall be valid unless first approved in writing by the chief Judge, and any order of such placement shall specify that the Tribe and the court retain jurisdiction over any person so placed.
b) A money fine in an amount not to exceed the maximum permitted by the code provision defining the offense. If the Court determines that a convicted offender is unable to pay forthwith a money fine assessed under this section or any costs assessed under Chapter 5, Section 5 (b) of this Title, the court shall allow the offender a reasonable period of time to pay the entire sum or allow the offender to make installment payments to the Clerk of Court at specified intervals until the entire sum is paid. If the offender defaults on such payments the court may find the offender in contempt of Court and punish the offender accordingly, but no person shall be held in contempt of Court where nonpayment is because of indigence. Any convicted offender may, if such person so chooses, elect to serve time in prison at the rate of $ per day to be credited against any fine or costs such person owes.
c) In addition to or in lieu of the penalties provided above, the Court may require a convicted offender who has inflicted injury upon the person or property of another to make restitution or compensation to the injured person by means of the surrender of property, payment of money damages, or the performance of any other act including appropriate work detail for the benefit of the injured party.
d) In its discretion, the Court may commute or suspend some or all of the sentence imposing a fine or imprisonment, or grant probation, on condition that the convicted person does work for the benefit of the Tribe. A person unable or unwilling to work may be confined in jail or fined as provided above.
e) In determining the character and duration of the sentence to be imposed, the Court shall take into consideration the previous conduct background and characteristics of the defendant, the circumstances under which the offense was committed, whether the offense was malicious or willful, whether the defendant has attempted to make amends, the defendants financial resources and the needs of the offenders dependents. Prior to imposing sentence, the Court shall afford a reasonable opportunity to the convicted offender to present information to it. The Court may also request and receive pertinent reports, advice and recommendations from any other person or agency which may assist the Court in imposing an appropriate sentence, provided, however, that prior to sentencing, the convicted person shall be advised of the content, identity, and source of any such report, advice or recommendation and shall be afforded a reasonable opportunity to comment upon or rebut it. The Court may require, as a condition of its sentence, that the convicted offender undergo available medical, psychiatric or substance abuse treatment, not operate a motor vehicle, or remain within geographic areas designated by the Court.