10.1.7.050 PENALTIES AND SENTENCING

A. Sentences for a violation of this Act shall be determined by the Court and may be up to a maximum of one year incarceration and/or a fine up to five thousand dollars ($5,000), or participation in an appropriate treatment program in lieu of incarceration in whole or in part, in addition to any restitution and court costs.

B. The civil penalty for a non-Indian who violates this Act shall be exclusion from the Pueblo; provided, that the Court may also order restitution and court costs. A non-Indian who has been found to have violated of this Act, or who refuses to submit to the jurisdiction of the Pueblo to determine if a violation of this Act has occurred, shall be excluded from the Pueblo for up to a term of no less than five years or for a longer term as determined by the Court, notwithstanding any other law to the contrary including any other law regarding exclusion.

C. If the Defendant's use of alcohol or drugs contributed to the Abuse, a chemical

dependency evaluation may be ordered by the Court, and the Judge may use the results of the evaluation when considering an appropriate treatment program and/or punishment.

D. Upon conviction of a violation of this Act, the Court shall order the Defendant to participate in an appropriate treatment program; provided, a Defendant's failure or refusal to comply with the court-ordered treatment program may result in incarceration as determined by the Court in accordance with this Act.

E. Upon any second or subsequent offense of violating this Act or an Order of Protection, the Court shall order a minimum term of incarceration up to a maximum of one year.