Statutes | Fort Belknap Tribal Code Title III Part XII ยง 1.3 | 2018
A. As a condition of probation, the court may require a person to do a combination of the following:
(1) Work faithfully at suitable employment or faithfully pursue a course of study or vocational training that will equip the person for suitable employment.
(2) Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose.
(3) Attend or reside in a facility established for the instruction, recreation, or residence of persons on probation.
(4) Support the persons dependents and meet other family responsibilities.
(5) Make restitution or reparation to the victim of the crime for damage or injury that was sustained by the victim. When restitution or reparation is a condition of probation, the court shall fix the amount, which may not exceed an amount the person can or will be able to pay, and shall fix the manner of performance.
(6) Execute a repayment agreement with the appropriate governmental entity to repay the full amount of public relief or assistance wrongfully received, and make repayments according to a repayment schedule set out in the agreement.
(7) Pay a fine.
(8) Refrain from possessing a firearm or other deadly weapon unless granted written permission by the court or the persons probation officer.
(9) Report to a probation officer at reasonable times as directed by the court or the probation officer.
(10) Permit the persons probation officer to visit the person at reasonable times at the persons home or elsewhere.
(11) Remain within the jurisdiction of the court, unless granted permission to leave by the court or by the persons probation officer.
(12) Answer all reasonable inquiries by the court or the persons probation officer and promptly notify the court or probation officer of any change in address or employment.
(13) Perform uncompensated work that benefits the community.
(14) Satisfy other conditions reasonably related to the persons rehabilitation.
(15) Undergo home detention.
(16) Undergo a laboratory test or series of tests approved by the department of health to detect and confirm the presence of the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV), if: the person had been convicted of a sex crime and the crime created an epidemiological demonstrated risk of transmission of the human
immunodeficiency virus (HIV) or
(17) Refrain from any direct or indirect contact with an individual.
(18) Execute a repayment agreement with the appropriate governmental entity or with a person for reasonable costs incurred because of the taking, detention, or return of a missing child.
(19) Periodically undergo a laboratory chemical test or series of chemical tests as specified by the court to detect and confirm the presence of a controlled substance. The person on probation is responsible for any charges resulting from a test and shall have the results of any test under this subdivision reported to the persons probation officer by the laboratory.
B. When a person is placed on probation, the person shall be given a written statement specifying:
(1) the conditions of probation and
(2) that if the person violates a condition of probation during the probationary period, a petition to revoke probation may be filed
(a) If the violation occurs before sentence is served or
(b) Forty-five (45) days after the prosecutor receives notice of the violation.
C. As a condition of probation, the court may require that the person serve a term of imprisonment in an appropriate facility at the time or intervals (consecutive or intermittent) within the period of probation the court determines.
D. Intermittent service may be required only for a term of not more than sixty (60) days and must be served in the jail facility. The intermittent term is computed on the basis of the actual days spent in confinement and shall be completed within one (1) year. A person does not earn credit time while serving an intermittent term of imprisonment under this subsection. When the court orders intermittent service, the court shall state:
(1) the term of imprisonment
(2) the days or parts of days during which a person is to be confined and
(3) the conditions.
E. As a condition of probation, the court may require a defendant charged with a child abuse or sex offense to:
(1) participate in a treatment program for sex offenders approved by the court and
(2) avoid contact with any person who is less than sixteen (16) years of age unless the probationer:
(a) receives the courts approval or
(b) successfully completes the treatment program referred to in subsection (1).
History: Section 1. Subsection 1.3 (A-E) enacted on the 3/8/99. Resolution 63-99 formerly Title VI. Section III.