An Act To Restore to the Penobscot Nation and Passamaquoddy Tribe the Authority To Exercise Jurisdiction under the Federal Tribal Law and Order Act of 2010
PART A
Sec. A-1. 30 MRSA §6209-B, sub-§1, ¶A, as amended by PL 1997, c. 595, §1 and affected by §2, is further amended to read:
Sec. A-2. 30 MRSA §6209-B, sub-§6 is enacted to read:
(1) Has been previously convicted of the same or a comparable offense by any jurisdiction in the United States; or
(2) Is being prosecuted for an offense comparable to an offense that would be punishable by more than one year of imprisonment if prosecuted by the United States or any of the states.
(1) In a tribal correctional center that has been approved by the United States Department of the Interior, Bureau of Indian Affairs for long-term incarceration;
(2) In the nearest appropriate federal facility, at the expense of the United States, pursuant to the United States Department of Justice, Bureau of Prisons tribal prisoner program described in the federal Tribal Law and Order Act of 2010, Public Law 111-211, Section 234(c);
(3) In a detention or correctional center approved by a state or local government, pursuant to an agreement between the Penobscot Nation and the state or local government; or
(4) In an alternative rehabilitation center of an Indian tribe.
As an alternative to a sentence pursuant to subparagraphs (1) to (4), the Penobscot Nation Tribal Court may sentence the defendant to an alternative form of punishment, as determined by a tribal court judge pursuant to the laws of the Penobscot Nation.
Sec. A-3. Contingent effective date; certification. This Part does not take effect unless, within 60 days of the adjournment of the Second Regular Session of the 129th Legislature, the Secretary of State receives written certification by the Governor and Council of the Penobscot Nation that the nation has agreed to the provisions of this Part pursuant to 25 United States Code, Section 1725(e), copies of which must be submitted by the Secretary of State to the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes; except that in no event may this Part become effective until 90 days after the adjournment of the Second Regular Session of the 129th Legislature.
PART B
Sec. B-1. 30 MRSA §6209-A, sub-§1, ¶A, as amended by PL 2009, c. 384, Pt. E, §1 and affected by §3, is further amended to read:
Sec. B-2. 30 MRSA §6209-A, sub-§6 is enacted to read:
(1) Has been previously convicted of the same or a comparable offense by any jurisdiction in the United States; or
(2) Is being prosecuted for an offense comparable to an offense that would be punishable by more than one year of imprisonment if prosecuted by the United States or any of the states.
(1) In a tribal correctional center that has been approved by the United States Department of the Interior, Bureau of Indian Affairs for long-term incarceration;
(2) In the nearest appropriate federal facility, at the expense of the United States, pursuant to the United States Department of Justice, Bureau of Prisons tribal prisoner program described in the federal Tribal Law and Order Act of 2010, Public Law 111-211, Section 234(c);
(3) In a detention or correctional center approved by a state or local government, pursuant to an agreement between the Passamaquoddy Tribe and the state or local government; or
(4) In an alternative rehabilitation center of an Indian tribe.
As an alternative to a sentence pursuant to subparagraphs (1) to (4), the Passamaquoddy Tribal Court may sentence the defendant to serve an alternative form of punishment, as determined by a tribal court judge pursuant to the laws of the Passamaquoddy Tribe.
Sec. B-3. Contingent effective date; certification. This Part does not take effect unless, within 60 days of the adjournment of the Second Regular Session of the 129th Legislature, the Secretary of State receives written certification by the Joint Tribal Council of the Passamaquoddy Tribe that the tribe has agreed to the provisions of this Part pursuant to 25 United States Code, Section 1725(e), copies of which must be submitted by the Secretary of State to the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes; except that in no event may this Part become effective until 90 days after the adjournment of the Second Regular Session of the 129th Legislature.
summary
This bill amends the Act To Implement the Maine Indian Claims Settlement by:
1. Extending the criminal jurisdiction of the Penobscot Nation and the Passamaquoddy Tribe to persons who are not members of any federally recognized Indian tribe, nation, band or other group when such persons commit certain crimes on the Penobscot Indian Reservation or the Passamaquoddy Indian Reservation;
2. Expanding the jurisdiction of the Penobscot Nation and the Passamaquoddy Tribe from criminal offenses with a maximum period of imprisonment of one year and a maximum fine of $5,000 for any one offense to criminal offenses with a maximum period of imprisonment of 3 years and a maximum fine of $15,000 for any one offense but not to exceed a total penalty or punishment greater than imprisonment for 9 years, as authorized by the federal Tribal Law and Order Act of 2010, Public Law 111-211; and
3. Ensuring that defendants prosecuted in the Penobscot Nation Tribal Court and Passamaquoddy Tribal Court have the rights afforded defendants by the federal Tribal Law and Order Act of 2010, Public Law 111-211; 25 United States Code, Section 1302 (2019); and the United States Constitution.