Statutes | Confederated Tribes of the Umatilla Indian Reservation Crim. Code Chapter 4 Part X ยง 4.90 | 2019

A.   In order to succeed in meeting the goal of eliminating domestic abuse, the Court shall impose appropriate penalties.

B.   The Court shall consider both aggravating and mitigating factors in sentencing the defendant after conviction.  

C.   The aggravating factors include but are not limited to: 

         1.   Nature and Degree of injury to the victim, 

         2.   Other impacts to victim&rsquos life as a result of the incident,

         3.   The use of a weapon, 

         4.   Prior history of personal crimes against current or former victim(s), 
         5.   Prior convictions of crimes against persons, 

         6.   Use of alcohol and drugs at the time of the incident, 

         7.   Whether children were in the residence at the time of the incident, 

         8.   Whether children witnessed, saw or heard the incident, 

         9.   Fleeing from law enforcement, 

         10.   Violation of release agreements, 

         11.   Prior violation of restraining orders, 

         12.   Intimidation of witnesses and or victims.  

D.   Mitigating factors shall include but are not limited to:

         1.   Appropriate progress in Court-approved counseling and or treatment, 

         2.   Adherence to release conditions, 

         3.   Documentation of abstinence from alcohol and drugs, 

         4.   Lack of criminal history, 

         5.   Voluntary relinquishment of weapons.  

E.   Mandatory Restitution:

         1.   In addition to any other civil or criminal penalty that may be sentenced, the Court shall order restitution for any offenses under this chapter. 

         2.   Scope and nature of Order: 

               a.   The order of restitution under this section shall direct the defendant to pay to the victim (through the court) the full amount of the victim&rsquos losses as determined by the court pursuant to paragraph b.

               b.   For purposes of this section, the phrase &ldquofull amount of the victim&rsquos losses&rdquo includes any costs incurred by the victim for:

                    i.   Medical services relating to physical, psychiatric, or psychological care

                    ii.   Physical and occupational therapy or rehabilitation

                    iii.   Necessary transportation, temporary housing, and child care expenses

                    iv.   Lost income

                    v.   Attorneys&rsquo fees, plus any costs incurred in obtaining a civil protection order and

                    vi.   Any other losses suffered by the victim as approximate result of the offense.

              c.   The issuance of a restitution order under this section is mandatory.  A court may not decline to issue an order under this section because of (i) the economic circumstances of the defendant or (ii) the fact that a victim has, or is entitled to receive, compensation for his or her injuries from the proceeds of insurance or any other source.

              d.   For purpose of this section, the term &ldquovictim&rdquo means the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim&rsquos estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.