2.10.1070 Judgment and sentencing.
The verdict of the jury or the judgment shall be rendered in open court.
Sentences shall be pronounced within a reasonable time. Sentencing shall be imposed on all offenses pursuant to Yurok Tribal law. Unless the Court otherwise orders, all sentences stemming from offenses occurring in the same transaction or course of conduct are presumed to run concurrently and not consecutively. Where the Court in its discretion deems it appropriate, a form of traditional punishment may be imposed in addition to or in place of any punishment provided in this code.
(a) Considerations. Considerations in sentencing include:
(1) The crime committed;
(2) The prospects of rehabilitation of the offender;
(3) The circumstances under which the crime was committed;
(4) The criminal history of the offender;
(5) The safety of the community, victim, or the offender;
(6) Statements of the victim;
(7) Alternatives to imprisonment of the offender;
(8) The ability of the defendant to pay a fine; and
(9) Any other consideration the Court deems relevant.
(b) Penalties. An offender found guilty of an offense may be sentenced to one or more of the following penalties and/or consequences:
(1) Imprisonment for a period of time not to exceed the maximum permitted for the offense;
(2) A fine in an amount not to exceed the maximum permitted for the offense;
(3) Community service;
(4) Any diagnostic, therapeutic, or rehabilitative measures, treatments, or services deemed appropriate;
(5) Restitution to a victim of an offense for which the offender was convicted;
(6) Participation in Wellness Court;
(7) Any other culturally appropriate service or remedy.
(c) Payment of Fines and Restitution. All monies collected as the result of a fine or restitution imposed by the Court shall be paid to the Court. Upon receiving the monies:
(1) A receipt shall be issued to the paying person;
(2) The account of the offender shall be credited, noting whether the fine is paid in full or what balance, if any, remains due; and
(3) For fines, the monies shall be transferred to the Yurok Court, unless otherwise specifically directed by a provision of this code; for restitution, the monies shall be transferred via check to the person to whom restitution is to be paid. [Ord. 81, amended, 1/6/2023; Ord. 63, adopted, 12/6/2019.]