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The passage of The Tribal Law & Order Act of 2010 (TLOA), signed into law on July 29, 2010, extended the sentencing authority of federally recognized tribes to allow felony sentencing for certain crimes. This new authority, referred to as enhanced sentencing authority (ESA), extended their sentencing authority from a maximum of 1 year confinement and/or $5,000 fine to 3 years confinement and/or $15,000 fine (with sentences stackable to 9 years confinement and/or $45,000 fine). While this new sentencing authority is welcomed by many tribes as an opportunity to hold tribal members who commit violent offenses more accountable, it also comes with many challenges in regards to how to implement this new authority effectively and lawfully.
The following documents are dedicated to providing resources to Indian Nations who are seeking information on implementation of enhanced sentencing authority.
Tribal Legal Code Resource: Tribal Laws Implementing TLOA Enhanced Sentencing and VAWA Enhanced Jurisdiction Guide for Drafting or Revising Tribal Laws to Implement the Enhanced Sentencing Provisions of the Tribal Law and Order Act (TLOA) and the Special Jurisdiction Provisions of the Violence Against Women Reauthorization of 2013
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