Statutes | Nez Perce Tribal Code Title 2 Chapter 2-3, ยง 2-3-6 | 2018
(a) Unless otherwise provided, fines for individual infractions shall be fixed as determined by NPTEC and shall reflect the severity of the offense and the tribes interest in protecting individuals and property. A list of such fines, which shall be updated periodically as the Court shall determine is necessary, shall be provided to the tribal police for use in issuing citations.
(b) A fixed fine shall be the primary remedy for a traffic infraction under this code. Fines for traffic infractions shall be in an amount equal to the total amount charged by the State of Idaho for the same offense as provided by the "Idaho Court Rules" as of the date of adoption of this chapter and as amended, less $5.00 provided, that no fine shall be reduced below the amount of $5.00. In addition to a fine, violators of the Nez Perce traffic laws may also be subject to the assessment of points, suspension or revocation of driving privileges and assessment of costs or fees related to revocation or suspension in accordance with the applicable law of the jurisdiction where the violator resides.
(c) For civil infractions other than traffic violations, the Nez Perce Tribal Court may apply any of the following remedies singularly or in combination:
(1) issue an injunction, by ordering the defendant to temporarily or permanently refrain from conducting the acts or actions that gave rise to the complaint
(2) order the defendant to pay compensation or restitution to the tribe, an individual or any other entity injured by the actions of the defendant. In the event that evidence of damage or loss to an individual or entity other than the tribe arises in the course of an infraction proceeding, the victim shall be so notified by the citing officer. Compensation or restitution shall reflect the actual documented damages or loss suffered as determined by the Tribal Court at a separate hearing and shall not include compensation for emotional distress or other special damages. The victim shall bear the burden of proving damages in damage hearings and mitigating circumstances shall be taken into account. Once a damage determination is made the victim shall bear the burden of collecting any and all judgments
(3) assess a fine or
(4) order community service.
(d) In any proceedings in which the defendant is found to have committed an infraction, the Tribal Court may assess court costs against the defendant to be added to any fine, restitution or other remedy prescribed. The Court may also allow the assessment of attorney&rsquos fees against the defendant if the tribe is required to pursue the collection of a judgment under this chapter. Where the infraction involves a controlled substance or alcohol either as an element of the offense or as a factor contributing to the commission of the offense, the Court may impose a period of probation and order drug and/or alcohol evaluation, counseling and random testing as a condition of probation, the violation of which probation shall itself be an offense under 4-1-33 of the Nez Perce Tribal Code punishable by up to sixty days in detention/jail and a fine up to $500. In the event of a repeated offense by a minor, the Court may require the family of the offender residing with the offender to participate in counseling.
(e) When in the judgment of the Prosecutor it would be appropriate, the Prosecution may also commence an action for forfeiture under Chapter 2-6 of the Nez Perce Tribal Code.