§ 4-103. General sentencing provisions.
Statement of policy: The sentencing policy of the Nation in criminal cases is to strive toward restitution and reconciliation of the offender and the victim and Nation. While one goal of sentencing is to impress upon the wrongdoer the wrong he or she has committed, the paramount goal is to restore the victim and Tribe to the position that existed prior to the commitment of the offense, and to restore the offender to harmony with them and the community by requiring him or her to right his or her wrongdoing. Therefore, with consideration of these goals in mind, the provisions of this chapter shall govern Osage Nation sentencing for criminal offenses.
A. Unless the Court determines that the ends of justice will not be served thereby, or that a civil action will more adequately adjudicate damages in the specific case at hand, then in addition to any sentence otherwise provided by law, the Court shall:
1. Order the offender to pay restitution to the victim in money, property or services; and/or
2. Order the offender to pay restitution to the Nation in money, property or services.
B. In effectuating Osage Nation sentencing policy, if the offender recognizes the wrong he or she has committed, the Court, paying particular attention to prior offenses, in its discretion may:
1. Allow such offender to exchange actual work performed for the Nation in lieu of a fine or imprisonment at the rate of eight hours per Twenty-Five Dollars ($25.00) of fine; or
2. Place the offender on probation under such reasonable conditions as the Court may direct for a period not exceeding three times the amount of the maximum sentence allowed; or
3. Defer entering the judgment and imposing sentence for a period not exceeding four times the maximum sentence allowed on condition that if the defendant violated no law and satisfies such other reasonable conditions, such as restitution as may be imposed, the plea or guilty verdict will be withdrawn and said charges will be dismissed; or
4. In the discretion of the Court, allow the offender to pay a fine in goods or accommodation at fair market value of goods or commodities to be surrendered; provided, that the Nation shall not reimburse the offender for any excess value of the property surrendered.
C. Sentencing on domestic violence crimes with enhanced penalties of more than one year, as authorized by the Tribal Law and Order Act, are limited to a total of nine years against any one defendant. ONCA 18-19, eff. Apr. 30, 2018.