27.08.070 Bail.
(1) Every defendant will be entitled to bail. A defendant may be released upon bail, upon their own recognizance, or upon conditions set by the Court prior to trial. Bail is allowable pending appearances before the Court, or, if after conviction, during any stay of execution or pending appeal. The judge may set bail at the close of the initial appearance, unless justifiable circumstances exist that require bail to be set at the close of the arraignment.
(2) The decision as to whether or not to grant release on bail or otherwise is within the discretion of the Court. However, if there is little likelihood that the defendant will flee or not appear in Court at a specified time, they should be released prior to trial. This prevents punishment prior to proving guilt. Bail or release on other conditions will be granted pending review of a conviction.
(3) Bail must be fixed in an amount by the Court that in the judgment of the judge is necessary and sufficient to insure the defendant’s presence at future Court proceedings at which defendant’s presence is required or by the bail schedule regularly used by Tribe.
(4) In setting bail, the Court shall consider the following factors:
(A) If the defendant has a substantial history of voluntarily failing to appear before the Court;
(B) The nature and circumstances of the charge;
(C) The defendant’s employment status;
(D) The defendant’s present residence;
(E) The defendant’s connection to the community;
(F) The danger to any person or the community that would be posed by the defendant’s release;
(G) The defendant’s financial condition;
(H) Whether the defendant is the primary caregiver of an elderly household member, a minor child, or a vulnerable adult; and
(I) Whether the defendant is the sole income earner for their household.
(5) No corporate surety (commercial bail bondsman) will be permitted to post bail on behalf of the defendant unless the surety has been approved by the Tribal Council for use on the Reservation under any terms and conditions that the Tribal Council will require. No bonds will be approved by the Court unless the surety appears to be qualified. No surety will be required to justify if cash is posted in the amount of the bond.