Statutes | Cherokee Code Part II Chapter 14 Article I ยง 14-1.7 | 2019
(a) A person who is found guilty of any criminal conduct is liable for restitution to the Tribe for the contract health services expenses, if any, incurred by the Tribe or the Cherokee Indian Hospital Authority (CIHA) as a result of such conduct.
(b) A notarized statement by a Tribal or CIHA employee who has knowledge of such expenses shall be filed with the Clerk of the Cherokee Court prior to the entry of judgment in cases subject to this section and shall be admissible into evidence without further identification.
(c) A person is not liable for restitution of expenses that are covered by insurance or resources other than funds allocated for contract health services expenses. Neither Tribal health nor CIHA employees shall be responsible for charging any individual with a crime in connection with this section.
(d) The liability established under this section is a debt to the Tribe and amounts recovered under this section shall be used for contract health service purposes.
(e) Restitution ordered for a victim and court costs shall have priority over the restitution authorized by this section. Nothing in this section shall be deemed to alter the overriding priority for child support established in Cherokee Code section 16C-5(f).
(f) Nothing in this section shall be deemed to limit the authority of the Cherokee Court to order restitution to a victim, the Tribe, a Tribal program or another Tribal entity, or to limit the Tribes authority to collect this debt by other lawful means.
(g) In ordering garnishment of per capita distributions for restitution ordered under this section, the Cherokee Court is authorized to consider the financial condition of the enrolled member and his or her family and may order garnishment of less than the full per capita distribution, if the enrolled member demonstrates that funds are necessary for family support.
(h) The liability established under this section is an individual debt and shall not be considered a liability of the estate or the heirs of a deceased individual.
(Ord. No. 108, 7-9-2004)