§ 14-90.2. Criminal street gang activity; enhancement of penalties

Upon a finding in the Cherokee Court of Indian Offenses or any successor court at sentencing that the defendant is a member of a criminal street gang, the penalty for any offense in violation of the Cherokee Code of Offenses, or any delinquent act or violation of law which would be a violation of the Cherokee Code of Offenses if committed by an adult, may be enhanced if the offender was a member of a criminal street gang at the time of the commission of such offense. The burden of proof required for such findings allowing sentence enhancement shall be a "preponderance of the evidence," however, the burden of proof for a conviction of the underlying criminal offense remains "beyond a reasonable doubt." The enhancement will be sentencing at the maximum punishment for adults of one year imprisonment and a fine of $5,000.00, to be used by Tribal Council to fund gang prevention or enforcement programs. In the case of juvenile offenders the disposition may include, but is not limited to:

(1) Probation for a period of six months to one year;

(2) Performance of community service hours;

(3) Restitution to victims/community members;

(4) Placement in behavior management facilities until completion/graduation from school or a court ordered program;

(5) Counseling; and,

(6) Placement in detention facilities for a period of time to be determined by the presiding judge.

(Ord. No. 117, 3-3-2000)