Council of the Cherokee Nation - File #: 08-062

• File #: 08-062
• Version: 3
• Name: An Act Relating to the Criminal Procedure Code regarding sentencing
• Type: Legislative Act
• Status: Passed
• File created: 5/19/2008
• In control: RULES COMMITTEE
• On agenda: 5/29/2008
• Final action: 10/12/2008
• Enactment date: 10/12/2008
• Enactment #: LA-21-08
• Title: A LEGISLATIVE ACT AMENDING CERTAIN SECTIONS OF THE CRIMINAL PROCEDURE CODE RELATING TO SENTENCING, POWERS OF THE COURT, AND LIMITATION ON DEFERRED SENTENCES
• Sponsors: Cara Cowan Watts, David Thornton, Sr.
• Indexes: Deferred Sentences
• Code sections: Title 22 - Criminal Procedure

Date	Ver.	Action By	Action	Result
10/21/2008	3	OFFICE OF THE CHIEF	Signed
10/13/2008	3	TRIBAL COUNCIL	Approved in toto	Pass
9/25/2008	2	RULES COMMITTEE	Approved and Forwarded to Council	Pass
8/28/2008	2	RULES COMMITTEE	Tabled	Pass
7/31/2008	2	RULES COMMITTEE	Tabled
6/26/2008	1	RULES COMMITTEE	Approved and Forwarded to Council	Fail
6/26/2008	1	RULES COMMITTEE	Tabled	Pass
5/29/2008	1	RULES COMMITTEE	Tabled	Pass

Title
A LEGISLATIVE ACT AMENDING CERTAIN SECTIONS OF THE CRIMINAL PROCEDURE CODE RELATING TO SENTENCING, POWERS OF THE COURT, AND LIMITATION ON DEFERRED SENTENCES
Body
BE IT ENACTED BY THE CHEROKEE NATION:

SECTION 1. TITLE AND CODIFICATION; LEGISLATIVE HISTORY.

The various parts and provisions of this Legislative Act shall be known as the Criminal Procedure Sentencing Act of 2008. The sections modified by this Legislative Act are located in Title 22 of the Cherokee Nation Code Annotated as codified in 1993. The source of the updates of this Legislative Act is Title 22 of the Oklahoma Statutes Annotated in effect as of February 22, 2008.

SECTION 2. PURPOSE AND FINDINGS.

The purpose of this legislation is to modernize and broaden the sentencing powers of the court with respect to criminal conduct and to ensure that the court has the power to order oversight of sex offenders and other criminal offenders who significantly impact the community by their behaviors.

SECTION 3. AMENDATORY. TITLE 22 CNCA § 991A SHALL BE AMENDED AS FOLLOWS:
§ 991A. Sentence-Powers of court-County community service sentencing programs

A. Except as otherwise provided in the Elderly and Incapacitated Vic­tims Protection Program, when a defendant is convicted of a crime, the court shall either:

1. Suspend the execution of sentence in whole or in part, with or without probation. The court, in addition, may order the convicted defendant at the time of sentencing or at any time during the suspended sentence to do one or more of the following:

a. To provide restitution to the victim according to a schedule of payments established by the sentencing court, together with interest upon any pecuniary sum at the rate of twelve percent (12%) per annum, if the defendant agrees to pay such restitution or, in the opinion of the court, if he is able to pay such restitution without imposing manifest hardship on the defendant or his immediate fam­ily and if the extent of the damage to the victi...