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Navajo Nation considers tougher crime sentences

FLAGSTAFF, Ariz. – Under Navajo Nation law, tribal members can shoplift, abandon a child, obstruct justice, receive stolen property and commit burglary and fraud without facing any time in jail or paying a fine.

That would change under a proposal by tribal officials to stiffen penalties for numerous crimes. Public hearings were held across the reservation last week.

The tribe that long had struggled with run-down detention facilities has since opened new jails, and tribal lawmakers have confirmed a handful of judges in the last two years, said Law and Order Committee Chairman Edmund Yazzie.

The tribe can prosecute only misdemeanor crimes that carry a maximum penalty of one year in jail and $5,000 in fines upon conviction, including for homicide, aggravated battery and aggravated arson. Federal authorities can prosecute felony crimes on Native American reservations that carry much harsher sentences.

While some crimes carried no jail time or fines under tribal law, judges could sentence offenders to probation, community service or restitution. The proposed changes would add rehabilitative treatment, electronic monitoring, payment for detention and “anything that will restore harmony between offender and victim and offender and community,” to the list of possible sentences.

Kayenta police Sgt. Byron Coolie said the community has questioned whether the changes will reduce crime, along with the expense of locking up more people, and whether Navajo officers will be given the resources to educate people about crime.

“For police officers, it’s a challenge,” he said. “But then again, it’s a great opportunity for each and every one of us to explore some of the possibilities and to really learn and grow based on the changes.”

Jail time and fines would be added for some crimes, while the penalties are increased for others.

People who possess liquor on the Navajo Nation, for example, would be fined $500 on the first offense. The current penalty for a first-time offense is a $50 fine. The penalty for shoplifting under the proposal would include jail time and fines, and would depend on the value of the goods taken.

A conviction for receiving stolen property could net a punishment of 180 days and a $500 fine, while contributing to the delinquency of a minor would change from no jail time or fine to a maximum of 180 days in jail and a $1,000 fine.

People found to be unlawfully carrying or using deadly weapons could no longer forfeit the weapon and face no other punishment. They would have to give up the weapon and be subjected to time in jail and paying a fine as well. The same goes for those unlawfully selling, possessing or transporting explosives.

Despite having more places to lock people up, the tribe hasn’t been able to fully staff at least one new detention facility because of funding shortages. It also is lacking in detoxification centers, mental-health facilities or rehabilitative treatment centers.



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