Statutes | Lummi Nation Code of Laws Title 5 Chapter 5.11 ยง 5.11.020 | 2018

(a) This Title shall be construed to the end that persons convicted of a crime shall be dealt with in accordance with their individual characteristics, circumstances, needs, and potentialities.  The Court is directed to consider the defendant's amenability to corrective treatment, the gravity of the conduct constituting the crime, the defendant's past record of criminal conduct, protection of the public, upholding community standards, deterrence of future violations, and the welfare of the individual and the Tribe.

(b) The Court shall give primary weight to restorative, traditional and corrective sentencing whenever practicable so that the defendant may become a productive and lawabiding member of the community, except that the Court shall give primary weight to the protection of the community and deterrence from future criminal acts of the same nature when sentencing for the following offenses which are deemed to cause the most serious injury to victims and devastation to the community:

     (1) a Class A or B drug offense

     (2) a Class A or B sexual offense

     (3) a crime of violence in which the victim receives serious physical harm

     (4) a crime of violence involving use of a firearm or

     (5) a crime involving conduct that presents a serious threat to the health, safety, and welfare of the community.
(c) The Court shall adopt sentencing guidelines consistent with this Title and restorative and traditional practices that further the purposes of this Title.  The Sentencing Guidelines shall be approved by the Law and Justice Commission prior to adoption by the Court.  The Sentencing Guidelines shall include restorative and traditional practices such as:

     (1) Alternative Dispute Resolution

     (2) Circle Sentencing

     (3) Community Service and Projects

     (4) Community Reparative Boards

     (5) Deferred Prosecutions

     (6) Deferred Sentences

     (7) Dialogue and Mediation

     (8) Electronic Home Monitoring (EHM)

     (9) Family or Group Counseling

     (10) Financial Restitution

     (11) Global Positioning System (GPS)

     (12) Hold Open Diversions

     (13) Substance Abuse Treatment

     (14) Traditional Advisement

     (15) Transitional Clean and Sober Housing

     (16) Victim Impact Panels