Enhanced Sentencing Authority

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.

• Sisseton Wahpeton Oyate Tribal Resolutions
• Considerations in Implementing VAWA’s Special Domestic Violence Criminal Jurisdiction and TLOA’s Enhanced Sentencing Authority: A Look at the Experience of the Pascua Yaqui Tribe
• Enhanced Sentencing in Tribal Courts: Lessons Learned from Tribes
• Tribal Law and Order Act: Enhanced Sentencing Authority: Tribal Code Development Considerations & Quick Reference Overview & Checklist

• Dispelling the Myths of TLOA: Judicial Education, Ethics, and Licensure
  March 18, 2015
  Webinar Recording


• Dispelling the Myths of TLOA: Attorney Licensure and Professional Responsibility
  February 25, 2015
  Webinar Recording


• The Impact of Enhanced Sentencing Authority for Tribal Probation
  May 20, 2014
  Webinar Recording


• Preparing for Long Term Incarceration of Tribal Inmates
  March 12, 2014
  Webinar Recording


• Key Provisions for Implementing Enhanced Sentencing Authority under the Tribal Law & Order Act of 2010
  November 25, 2013
  Webinar Recording | Slides (pdf)


• Considerations for Implementing Enhancing Sentencing Authority: Readiness to Implement Changes in Your Tribal Court
  December 19, 2013
  Webinar Recording | Slides (pdf) | Court of Appeals Decision

Additional Resources

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

NCAIs webpages: Home | Tribal

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