MCC.6.3.060 Conditions and Restrictions

(a) Pardons. Certain convictions may affect a Tribal member's rights under state or federal law or result in restrictions being placed on a Tribal member, regardless of whether a Tribal pardon has been granted.

(1) Civil Rights. A pardon by the Tribe does not guarantee the restoration of all civil rights, and each recipient of a Tribal pardon is responsible for determining whether the pardon affects any non-Tribal restrictions or limitations that may be applicable pursuant to the conviction.

(2) Employment. Individuals convicted of a crime that is "substantially related" to the care of another person or animal may be subject to extended or permanent restrictions on licensing or professional credentials in fields relating to such caretaking. A Tribal pardon shall not affect these restrictions.

(3) Sex Offender Registry. Receipt of a Tribal pardon shall in no way affect registration, tracking or other restrictions or obligations imposed upon sex offenders.

(4) Voting Rights. Each state, and the federal government are empowered to determine whether felons may vote in elections, caucuses, referendums or any other venue dependent on the votes of citizenry. The granting of a Tribal pardon shall not supersede the rights of these jurisdictions to determine the eligibility of voters.

(b) Other Restrictions. The Committee's written recommendation to the Tribal Governing Board to approve an applicant's request for a pardon or forgiveness may also recommend the Tribal Governing Board to impose restrictions on the applicant. If the Committee does not recommend a restriction, the Tribal Governing Board shall have the authority to place restrictions on the applicant before approving the pardon or forgiveness request. Restrictions shall specify the time lines attached to them, which may expand over a period of months, years, or indefinitely.

(1) Restrictions shall be clearly defined and may include the following:

(A) The applicant is ineligible for a transfer, promotion or job reassignment;

(B) The applicant may be prohibited from:

(i) Handling cash and/or merchandise;

(ii) Having Tribal property sign-off authority;

(iii) Supervising staff;

(iv) Supervising or caring for children or the elderly;

(v) Any other restrictions the Tribal Governing Board determines as appropriate.

(2) When restrictions are imposed for a period of greater than five (5) years, the applicant may, after five (5) years, apply to have the restrictions modified or lifted. The request to modify or lift restrictions will follow the same process required to request a pardon.

(3) The applicant shall sign a written statement describing each restriction, and time period of such restriction prior to exercising the benefits restored by the pardon or forgiveness.

(c) Conditions. The Committee may also recommend that an applicant requesting a pardon or forgiveness be required to complete conditions before the applicant is granted the pardon or forgiveness. If the Committee does not recommend a condition, the Tribal Governing Board shall have the authority to place conditions on the applicant before approving the pardon or forgiveness request.

(1) Conditions shall be clearly defined and may include the following:

(A) perform community service hours within a Tribal Department;

(B) payment of restitution to the Tribe;