Statutes | Curyung Tribal Code tit. I, ch. 6 ยง 2 | 2019
The Court may issue individualized Orders concerning child custody arrangements and other Domestic Relations issues. Unless the Curyung Tribal Court sets a specific penalty for a particular offense, the Curyung Tribal Court Judges, either by themselves or through a sentencing circle format, shall determine the specific Orders for a particular case from the following options:
A. Fines: The fines that the Court may order for violation of a Tribal ordinance shall not exceed $5,000 or equivalent work sentence. The Court shall order equal fines for equal fines for equal violations. Fines shall increase for successive violations of the same ordinance by the same person. The Court may garnish wages, permanent fund or dividend checks, general assistance, or confiscate property in the case of unpaid fines.
B. Community Work: The work sentences shall benefit the elders, Tribal members- individually or as a whole, the victim of an offense, or the youth. Tribal Court Judges shall not order work sentences that only benefit themselves personally or other Tribal government officials. Work sentences shall not displace persons employed in the community or employment opportunities. Work sentences shall be completed within 30 days unless otherwise directed by the Court. Persons have the option of work sentences instead of paying a fine only if the Court specifically permits it. Community work shall contribute $10.00 per hour towards fines ordered by the Curyung Tribal Court.
C. Traditional Activities: The Curyung Tribal Court may order a person found in violation of an ordinance to participate in seasonally appropriate traditional activities such as fish camps, trapping, hunting, spirit camps, and other tribally sponsored or approved traditional activities.
D. Drug and Alcohol Treatment and Other Counseling: The Tribal Court has the authority to order an assessment for drug and alcohol treatment and a requirement that the recommendations of the assessment be met, and other personal counseling as a sentence or as part of a sentence. The Tribal Court shall consider the cost to the person and possible waiting periods for getting in to treatment in ordering such treatment.
E. Restitution: The Tribal Court has the authority to order the defendant to pay restitution to his or her victims. Such payment shall go through the Curyung Tribal Court Clerk.
F. Confiscating Personal Property: The Tribal Court may seize a person&rsquos personal property if that person is found in contempt of court by the Curyung Tribal Court, for not doing what the Curyung Court has ordered. The property shall remain confiscated and under the care of the satisfaction of the Curyung Tribal Court. If the person does not comply with the Court Order within a reasonable length of time, the Curyung Tribal Court may sell the confiscated property after providing notice of the proposed sale to the person.
G. Banishment: An Order of permanent or temporary banishment shall only be used to protect the Tribe and/or Tribal members from harm. Before banishments may be ordered, the person shall be given a Citation and a Notice to Appear in Tribal Court. A hearing shall be held that provides the person an opportunity to speak either in person or telephonically. The Curyung Tribal Court shall notify the surrounding villages when banishment orders are issued by the Court.