CHAPTER 16 SENTENCES
Section 16-1 Nature of Sentences
16-1.01 Labor Credit on Sentence.
(a) The Tribal Court, by order, may permit any person who is sentenced to serve time in jail to
perform labor for the Tribe.
(b) The Court shall confine an inmate to the jail except during actual periods of labor.
(c) An inmate performing labor:
(1) Shall be permitted to do so solely for the Tribe or a Tribal entity;
(2) Shall be supervised by an individual appointed by the Court;
(3) Shall be entitled to 2 days credit on the sentence for each 1 day of labor performed.
Resolu. 2006-298
16-1.02 Labor Credit on Fine.
(a) The Tribal Court, by order, may permit any person who has been incarcerated for failure to pay a
fine, as ordered by the Court:
(1) To pay the fine in full and to be released;
(2) To perform labor for the benefit of the Spokane Tribe;
(3) To remain in jail without performing labor.
(b) In the event an inmate chooses to perform labor:
(1) The Court shall confine the inmate to the jail except during actual periods of labor.
(2) The Court shall be given an inmate a credit of $50 on the fine balance for each day of labor
performed.
(3) The inmate shall not be entitled to a one-for-one labor credit pursuant to § 16-1.01.
(c) If the inmate chooses to remain in jail without performing labor, the Court shall credit the inmate
$25 on the fine balance for each day in jail.
Resolu. 2006-298
16-1.03 Limitation on Sentence.
(a) The Tribal Court shall, under no circumstances impose a jail sentence or a fine or a combination
in excess of the provisions set forth in this Code for the offense.
(b) Any jail sentence shall commence to run from the date of sentence unless the sentence is
stayed pending appeal pursuant to Section 1-7.16 of this Code; and in such case, the sentence
shall commence to run from the time of the decision by the appellate court.
16-1.04 Restitution. In addition to any other sentence, the Court may require an offender who has inflicted
injury upon the person or property of another to make restitution or to compensate the party injured
through the surrender of property or the payment of money damages.
16-1.05 Character and Duration of Sentence.
(a) In determining the character and duration of the sentence which shall be imposed, the Court
shall take into consideration the previous conduct of the defendant, the circumstances under
which the offense was committed, whether the offense was malicious or willful, and whether the
offender has attempted to make amends and shall give due consideration to the extent of the
defendant's resources and the needs of his dependents.
(b) It should be noted that the penalties listed in this Code are in most cases maximum penalties.
(c) The Judge will be expected to consider all of the circumstances of each case to determine
whether a lesser penalty or the maximum is to be imposed.
Section 16-2 Probation
16-2.01 Probation. Where sentence has been imposed upon any person who has not previously been
convicted of a felony under Federal or State law within 5 years of the date of his conviction or of any offense
under this Code or gross misdemeanor under State or Federal law within 1 year of his conviction, the
Spokane Tribal Court may, in its discretion suspend the sentence imposed and allow the offender his
freedom on probation, upon his signing a pledge of good conduct during the period of his sentence upon the
form provided therefore.
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Revised Spokane Law & Order Code, 5/14/2013