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Spilyay Ty moo, Wai "tv Springs, Oregon
Page 5
April 6, 2011
Law and Order Act: Questions and answers
Birthday and other wishes...
The Tribal Law and Order A ct
o f 2010 brings sign ifica n t lon g
term changes to law and order on
the reservation.
Tribal attorney Lauren L ester
answers frequently asked questions
by Warm Springs community mem
bers regarding this law:
Happy birthday on
April 7, 2011 to our son
Thomas Chester Sam.
Hope you have a great
day. Love you a lot, son.
From your mother and
father Marella and Rob
ert Sam Sr.
Q: What are the stated
goals of the Tribal Law and
Order Act of 2010?
impose on a person a total term
of imprisonment for up to nine
years in one criminal proceed
ing (if a person is charged with
and convicted of more than one
offense as part of a criminal
proceeding).
Q: Will the Tribe imple
ment the enhanced sen
tencing authority allowed
by the TLOA?
A: Congress passed the Tribal
Law and Order Act o f 2010
(“TLOA”) in an effort to im
prove public safety in Indian
country by (1) increasing coor
dination and communication
among federal, state, tribal, and
local law enforcement agencies;
(2) empowering tribal govern
ments with the authority, re
sources, and information nec
essary to effectively provide
public safety in Indian country;
and (3) reducing violent crime,
drug trafficking, and drug and
alco ho l addictio n in Indian
country.
A: The tribe has not yet de
termined if it will implement the
enhanced sentencing provisions
of the TLOA, but will be con
sidering the issue over the com
ing months.
At this point, the Tribal Court
does not impose total sentences
greater than one year and/or a
fine of $5,000 in any one crimi
nal proceeding.
Q: Does the TLOA
change the criminal sen
tencing authority of the
tribal courts?
A: If the Tribe decides to
impose sentences greater than
one year in any criminal proceed
ing, the Tribe will need to:
• Provide to the defendant
the right to effective assistance
of counsel
• Provide a licensed attorney
to defendants who cannot af
ford to hire an attorney
• Require that the judge(s)
presiding over the criminal pro
ceeding be (1) trained to preside
over criminal proceedings, and
(2) licensed to practice law
• Make all criminal laws and
regulations available to the pub
lic
• Maintain a record of the
criminal proceeding
• Ensure that the defendant
A: Yes, the TLOA amended
the sentencing limits contained
in the Indian Civil Rights Act.
Previously, the Indian Civil
Rights Act provided that tribes
could not impose any punish
ment greater than im prison
ment for one year and/or a fine
of $5,000 for the conviction of
any one criminal offense.
The Indian Civil Rights Act
now provides that, i f certain due
process requirements are met, tribes
may im pose sentences up to
three years and/or a fine of
$15,000 for the conviction of
certain serious offenses, and to
Q: If the tribe decides to
implement the enhanced
sentencing authority al
lowed by the TLOA, what
conditions must the tribe
meet?
The law requires the
Secretary o f the Interior
and the Attorney Gen
eral to work with tribes
to form a nationwide
long-term plan fo r the
construction and opera
tion o f Indian juvenile
detention and treatment
centers...
is incarcerated in a tribal, state,
or federal facility appropriate
for long-term incarceration.
Q: Does the TLOA in
crease funding for tribal
public safety and tribal
court programs?
A: No, the TLOA reautho
rizes a number of existing grant
programs and expands existing
authorities that already receive
funds. But the TLOA did not
authorize any new funding.
Thus, if the tribe decides to take
the steps necessary to implement
enhanced sentencing, it will need
to use existing resources to do
so.
Q: What impact will the
TLOA have on juvenile of
fenders?
A: The TLOA contains a
number of provisions related to
juveniles.
Most significantly, it requires
the Secretary of the Interior and
the Attorney General to work
with tribes to form a nationwide
long-term plan for the construc
tion and operation of Indian
juvenile detention and treatment
centers.
That plan must be completed
by the end of July 2011. The
wsnews.org
For Grandma
TLOA also created a Tribal
Youth Program to fund tribal
juvenile delinquency prevention
and treatment programs through
competitive grants.
Q: Will the TLOA im
prove enforcement of fed
eral law on the Reservation?
A: Yes, one of the purposes
o f the TLOA is to increase
prosecutions of federal crimes
that occur on the reservation.
For example, the TLOA re
quires the U.S. Attorney’s Office
to appoint tribal liaisons to co
ordinate with tribes on prosecu
tion of crimes in Indian coun
try.
The TLOA also attempts to
streamline the process by which
tribal police officers can become
commissioned federal officers
that have the authority to en
force federal law on the Reser
vation.
The tribe recently entered
into an agreement with the BIA
whereby tribal police officers
who meet certain requirements
can receive federal commissions
from the BIA.
Happy birthday to my y ay a
Thomas Chester Sam. Love you,
y a y a . I am gla d y o u ’r e my y ay,
lo ts o f lo v e fr o m C la ra n ce
Vernon Sam.
Happy birthday to our
Uncle Thomas Chester
Sam. Hey Uncle, hope
your day is a good one.
We all say happy birth
day and we all love you
a lot, from: Woody Jr.,
D artanian,
Kaylobe,
Eslisha and Chantel
Picard—Janathian Tracy
Ray and Gerald Tias Jr.
This April 7, 2011, we
want to say a big happy
b irth d a y to our b ab y
brother Thomas Chester
Sam . We a ll love yo u ,
from all of us, Tracy R ay
Sam Sadie and Woody Sr.,
Robert Jr., Jeleah Sam —
E lsie and Joey, Neda and
Gerald Tias Sr.
This A pril 7, a big
happy birthday to our
grandson
Thomas
Chester Sam, with all of
our love from: your grand
mother Eliza and Harvey
Jim and family.
Happy birthday, Daddy Ray
Bobb (4/11)! Love, Freddie <&
R on, B obbi, T ravis, A m y,
M ichael and Kendall.
Happy birthday, D uran
(4/17). From Ron.
Alcoholics
nonymous
Q: Does the TLOA affect
the status of the Warm
Springs Reservation under
Public Law 280?
Warm Springs Community Counseling
Wednesday - 12-Noon & 7:00 p.m.
Saturday -10 a.m.
A: No, the Warm Springs
R eservation rem ains exempt
from state criminal and civil ju
risdiction under Public Law 280.
AFFORDABLE TIRES
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304 M adison S t ., S uite 102
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541 - 693-3742
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We take tim e to say eryone, no m atter what they’ve
th an k yo u , drum m ers, done. You were the one we a ll
cooks, b ell rin ger, and could lean on, even though it
undertaker, for your help must f e l t like a ton. You were
and tim e, h elp in g with alw ays the stren gth o f “our
our G randm a M argo fa m ily,” now we m ust let y o u
B o ise, fu n eral on Feb. rest calmly.
A s we say our goodbye, as
24, 2011.
From the Boise family, tears roll down ou r eyes, we
Lawrence family, Saludo know y o u ’re p la ce in Heaven
fam ily, S trad ley fam ily, has a good view.
We need to know y o u al
D o n ey k id s , Ted an d
w
ays
be in ou r h ea rts an d
R achel Barney, Sam fam
ily, Shikes, Jode Goudy mind. So Grandma Boise, we
family, L iz Yaw and fam must go but w ill never forget,
ily , fa m ily and frien d s y o u ’r e one o f a kind. Sincerely,
R a ch el an d Ted B arney,
an d m an y g ra n d c h il
Doney kids, Carol and D aniel
dren.
L o ts o f lo v e to ou r
Grandma M argo Boise, thank
y o u f o r the g i ft o f love, now
y o u ’re sharing it up above.
You had many things to say,
a ll in a caring way.
You always say good in ev
—
Legal Aid Services of
Oregon provides free
a ssista n ce to low -
income Oregonians in
m any c iv il cases.
Speak with an attorney
during drop-in hours 1
to 4 p.m. on the first
L aw ren ce, A rn etta S aludo
fa m ily , T erry a n d Tony
Stradley, U ncle Tony B oise
fa m ily , y o u n g B oise fa m ily,
N eteva fam ily, Justin, Su^ette-
P atricia Boise, many fa m ily
and friends.
A pril 20 + 21,2011
Monday of the month at
the Family Resources
C enter
in
Warm
Springs. Or call 385-
6944 Monday through
Thursday between 9
a.m. and 4 p.m. (at
lunch from noon-1 p.m.)
G r a n d
ro n de ,
O regon
A G A T H E R IN G OF N A T IV E A M E R IC A N BU SIN ESSES & T R IB A L EN TER P R ISES
s___ ______________________
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