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A. Banishment Defined. Banishment” is the sentence imposed by the Nation for offenders who have been convicted of offenses which violate the basic rights to life, liberty and property of the community and whose violation is a gross violation of the peace and safety of the Nation requiring the person to be totally expelled for the protection of the community. During the term of banishment, a person who is banished from the territory and association of the Nation shall:

1. Retain all rights of a criminal defendant during any prosecution for an offense during the term of banishment, and while attending or going directly to or from any Court, or a proceeding involving a criminal action to which he or she is a party including the appeal of his or her case; and

2. Be expelled from the jurisdiction of the Nation and not be allowed to return for any reason during the period of banishment except when required to attend Court.

B. Violation of Banishment.

1. If the person banished be found within the jurisdiction of the Nation not going directly to, attending or returning from a Court hearing required in his or her case, such act shall be considered criminal contempt in violation of a lawful order of the Court and may be punished accordingly;

2. Expiration of Banishment Term. Upon expiration of the term of banishment and satisfaction of any other terms imposed by the sentence, the banished person shall be restored to all rights forfeited during the banishment and shall thereafter be treated as if banishment had never been imposed.