Statutes | Confederated Tribes of Warm Springs Tribal Code Chapter 305 ยง 305.605 | 2019

Upon a finding in the Warm Springs Tribal Court at sentencing that the defendant committed an offense in violation of the Warm Springs Tribal Code, or any delinquent act or violation of law committed by a juvenile which would be a violation of the Warm Springs Tribal Code if committed by an adult, for the benefit of, at the direction of, or in association with any criminal street gang, the penalty for the offense, delinquent act, or violation may be enhanced. The burden of proof required for such findings allowing sentence enhancement shall be a &ldquopreponderance of the evidence,&rdquo however, the burden of proof for a conviction of the underlying criminal offense remains &ldquobeyond a reasonable doubt.&rdquo For adult offenders, the enhancement will be sentencing at the maximum punishment set forth in WSTC 305.715. Any fine imposed under WSTC 305.715 or WSTC 305.720 shall be used by the Tribe to fund gang prevention or enforcement programs. In the case of juvenile offenders the disposition may include, but is not limited to:

  1. Probation for a period of six months to one year
  2. Performance of community service hours
  3. Restitution to victims/community members
  4. Placement in behavior management facilities until completion/graduation from school or a court ordered program
  5. Counseling and,
  6. Placement in a detention facility for a period of time to be determined by the presiding judge.