Statutes | Fort Belknap Tribal Code Title III Part XI ยง 1.4 | 2019

A. In determining what sentence to impose for a crime, the court shall consider:

(1) the risk that the person will commit another crime

(2) the nature and circumstances of the crime committed

(3) the persons:

(a) prior criminal record

(b) character and

(c) condition

(4) whether the victim of the crime was less than twelve (12) years of age or at least sixty-five (65) years of age

(5) whether the person violated a protective order issued against the person under and

(6) any oral or written statement made by a victim of the crime.

 

B. The court may consider the following factors as aggravating circumstances or as favoring imposing consecutive terms of imprisonment:

(1) The person has recently violated the conditions of any probation, parole, or pardon granted to the person.

(2) The person has a history of criminal or delinquent activity.

(3) The person is in need of correctional or rehabilitative treatment that can best be provided by commitment of the person to a jail facility.

(4) Imposition of a reduced sentence or suspension of the sentence and imposition of probation would depreciate the seriousness of the crime.

(5) The victim of the crime was less than twelve (12) years of age or at least sixtyfive (65) years of age.

(6) The victim of the crime was mentally or physically infirm.

(7) The person committed a forcible Class One offense while wearing a garment designed to resist the penetration of a bullet. (8) The person committed a sex crime and:

(a) the crime created an epidemiological demonstrated risk of transmission of the human immunodeficiency virus (HIV) and involved the sex organ of one (1) person and the mouth, anus, or sex organ of another person

(b) the person had knowledge that the person was a carrier of HIV.

 

C. The court may consider the following factors as mitigating circumstances or as favoring suspending the sentence and imposing probation:

(1) The crime neither caused nor threatened serious harm to persons or property, or the person did not contemplate that it would do so.

(2) The crime was the result of circumstances unlikely to recur.

(3) The victim of the crime induced or facilitated the offense.

 

Except as provided in subsection (C), a defendant convicted of a class one offense may not be sentenced before a written presentence report is prepared by a probation officer and considered by the sentencing court. Delay of sentence until a presentence report is prepared does not constitute an indefinite postponement or suspension of sentence.

D. A victim present at sentencing in a class one or class two offense case shall be advised by the court of a victims right to make a statement concerning the crime and the sentence.

 

E. A court may sentence a person convicted of a class two offense without considering a written presentence report prepared by a probation officer. However, if a defendant is committed to jail for one year, the probation officer shall prepare a presentence investigation report.

History: Section 1. Subsection L4(A-E) enacted on tbe 3/8/99. Resolution 63-99 formerly Title VI. Section II.