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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
Be it enacted by the People of the State of Maine as follows:
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:
 
A. Criminal offenses for which the maximum potential term of imprisonment does not exceed one year and the maximum potential fine does not exceed $5,000 and that are committed on the Indian reservation of the Penobscot Nation by a member of any federally recognized Indian tribe, nation, band or other group, except when committed against a person who is not a member of any federally recognized Indian tribe, nation, band or other group or against the property of a person who is not a member of any federally recognized Indian tribe, nation, band or other groupPenobscot Indian Reservation for which the maximum potential term of imprisonment does not exceed 3 years or a fine of $15,000, or both, for any one offense;
Sec. A-2.  30 MRSA §6209-B, sub-§6  is enacted to read:
 
6.  Criminal offenses.     The following provisions govern criminal offenses under subsection 1, paragraph A.
 
A.  The Penobscot Nation Tribal Court may not impose on a defendant in a criminal proceeding a total penalty or punishment greater than imprisonment for a term of 9 years.
 
B.  The Penobscot Nation Tribal Court may subject a defendant to a term of imprisonment greater than one year but not to exceed 3 years for any one offense, or a fine greater than $5,000 but not to exceed $15,000, or both, if the defendant is a person accused of a criminal offense who:
 
(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.
 
C.  In a criminal proceeding in which the Penobscot Nation Tribal Court, in exercising powers of self-government, imposes a total term of imprisonment of more than one year on a defendant, the Penobscot Nation shall provide to the defendant all rights set forth in 25 United States Code, Section 1302 (2019).
 
D.  In the case of a defendant sentenced to a term of imprisonment exceeding one year, the Penobscot Nation Tribal Court may require the defendant to serve the sentence:
 
(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:
 
A. Criminal offenses for which the maximum potential term of imprisonment is less than one year and the maximum potential fine does not exceed $5,000 and that are committed on the Indian reservation of the Passamaquoddy Tribe by a member of the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the Penobscot Nation, except when committed against a person who is not a member of the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the Penobscot Nation or against the property of a person who is not a member of the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the Penobscot NationPassamaquoddy Indian Reservation for which the maximum potential term of imprisonment does not exceed 3 years or a fine of $15,000, or both, for any one offense;
Sec. B-2.  30 MRSA §6209-A, sub-§6  is enacted to read:
 
6.  Criminal offenses.     The following provisions govern criminal offenses under subsection 1, paragraph A.
 
A.  The Passamaquoddy Tribal Court may not impose on a defendant in a criminal proceeding a total penalty or punishment greater than imprisonment for a term of 9 years.
 
B.  The Passamaquoddy Tribal Court may subject a defendant to a term of imprisonment greater than one year but not to exceed 3 years for any one offense, or a fine greater than $5,000 but not to exceed $15,000, or both, if the defendant is a person accused of a criminal offense who:
 
(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.
 
C.  In a criminal proceeding in which the Passamaquoddy Tribal Court, in exercising powers of self-government, imposes a total term of imprisonment of more than one year on a defendant, the Passamaquoddy Tribe shall provide to the defendant all rights set forth in 25 United States Code, Section 1302 (2019).
 
D.  In the case of a defendant sentenced to a term of imprisonment exceeding one year, the Passamaquoddy Tribal Court may require the defendant to serve the sentence:
 
(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.