Punishment

YSC, Title 11. Crimes & Punishment

Chapter 11: Punishment

§1101. Recognition of custom in imposing or suspending sentences and in granting

probation.

§1102. Limitation of punishment for crimes in violation of native customs.

§1103. Consideration of previous convictions.

§1104. Imposition of fines; procedure upon nonpayment of fines.

§1105. Orders requiring specified residence.

§1106. Restitution, compensation or forfeiture.

§1107. Closing of business.

§1108. Labor without imprisonment.

§1109. Designation of place of confinement.

§1110. Suspension of sentence.

§1111. Suspension of imposition of sentence.

§1112. Pardons and paroles.

§1101. Recognition of custom in imposing or suspending sentences and in granting probation.

In imposing or suspending the execution of sentences, or in suspending the imposition of sentence and granting probation, due recognition shall be given to the customs of the inhabitants of the State of Yap.

Source: YSL 2-48 §2, modified.

Cross-reference: The constitutional provisions on Traditional Leaders and Traditions are found in Yap Const., Art. III. The statutory provisions on Traditional Leaders and Traditions are found in Title 5 of this Code.

Commission Comment: YSL 2-48 repealed the former provisions of Title 11, that included the State Crimes Act. However, prosecutions for offenses committed before the effective date of this division are governed by the prior law, which is continued in effect for that purpose (see section 102 of chapter 1 of this division).

§1102. Limitation of punishment for crimes in violation of native customs.

The penalty for any act which is made a crime solely by generally respected native custom shall not exceed a fine of $100.00, or six months imprisonment, or both.

Source: YSL 2-48 §2, modified.

§1103. Consideration of previous convictions.

Before imposing or suspending the execution of sentence upon a person found guilty of a criminal offense, or in suspending the imposition of sentence and granting probation, evidence of good or bad character, including any prior criminal record of the defendant, may be received and considered by the court.

Source: YSL 2-48 §2, modified.

Cross-reference: The statutory provisions on the Judiciary are found in Title 4 of this Code.

§1104. Imposition of fines; procedure upon nonpayment of fines.

Where an offense is made punishable by fine, the court imposing the fine may give such directions as appear to be just with respect to the payment of the fine. In default of payment of the fine or any part thereof the court may order the defendant to be imprisoned for such period of time as it may direct. These directions may be given and orders for imprisonment made at any time, and may be modified if the court deems justice so requires, until the fine is paid in full or the imprisonment served which has been ordered in default of payment; provided, that the accused shall be given an opportunity to be heard before any direction or order is given, made, or modified, except when that is done at the time sentence is imposed; and provided further, that no defendant shall be imprisoned for a longer period of time than fixed by law of such offense.

Source: YSL 2-48 §2, modified.

Cross-reference: The statutory provisions on the Judiciary are found in Title 4 of this Code.

§1105. Orders requiring specified residence.

A court may, in lieu of or in addition to other lawful punishment, direct that a person found by it to be guilty of a criminal offense shall establish his place of residence within a specified area and maintain it there for a period of time not exceeding the maximum period of imprisonment which may be imposed for the offense.

Source: YSL 2-48 §2.

§1106. Restitution, compensation or forfeiture.

(a) Except as provided in subsection (b) of this section, if a conviction or other appropriate disposition of a proceeding is based upon the wrongful or unlawful sale, purchase, use, possession, taking or removal of any article, or of a willful wrong causing damage to another, a court may, in lieu of or in addition to other lawful punishment, order restitution or compensation to the owner or person damaged or the forfeiture of the article to the State.

(b) In any case in which a conviction or other appropriate disposition of a proceeding is based upon the wrongful or unlawful taking or removal of betelnuts from another person's betelnut tree, or trees, the court shall, in lieu of or in addition to other lawful punishment, order restitution or compensation in the amount of $500.00 to be paid to the Clerk of Courts for distribution as follows:

(1) $50.00 shall be paid to the village within which the crime was committed;

(2) $250.00 shall be paid to the owner; and

(3) $200.00 shall be paid to the person who provided the most reliable and

convincing information which led to the conviction of the defendant or other

appropriate disposition of the proceeding.

Source: YSL 2-48 §2, as amended by YSL 5-13, modified.

Cross-reference: The statutory provisions on the Judiciary are found in Title 4 of this Code.

§1107. Closing of business.

If a defendant is convicted of an offense involving the sale of a harmful article or the operation of an unlawful business, the court may, in lieu of or in addition to other lawful punishment, order that the place of sale or business be vacated or closed for a specific time.

Source: YSL 2-48 §2.

§1108. Labor without imprisonment.

In any case in which a court is authorized to impose sentence or imprisonment, the court may, if it deems best, instead of imposing imprisonment, sentence the accused to perform hard labor in accordance with his physical ability on any public project for a period not exceeding that for which imprisonment might be imposed.

Source: YSL 2-48 §2, modified.

Cross-reference: The statutory provisions on the Judiciary are found in Title 4 of this Code.

§1109. Designation of place of confinement.

Any court upon sentencing a person to imprisonment may designate in the commitment order a place of confinement within the State. The Governor may transfer the person to or designate any place of confinement within the State.

Source: YSL 2-48 §2, modified.

Cross-reference: The statutory provisions on the Executive are found in Title 3 of this Code. The statutory provisions on the Judiciary are found in Title 4 of this Code.

§1110. Suspension of sentence.

The court which imposes a sentence upon a person convicted of a criminal offense may direct that the execution of the whole or any part of a sentence of imprisonment imposed by it shall be suspended on such terms as to good behavior and on such conditions as the court may think proper to impose. A subsequent conviction by a court for any offense shall have the effect of revoking the suspension of the execution of the previous sentence unless the court otherwise directs.

Source: YSL 2-48 §2, modified.

Cross-reference: The statutory provisions on the Judiciary are found in Title 4 of this Code.

§1111. Suspension of imposition of sentence.

(a) Upon entering a judgment of conviction of any offense, the court, when satisfied that the ends of justice and the best interests of the public as well as the defendant will be served, may suspend the imposition of sentence and may direct that the suspension continue for a period of time, not exceeding the maximum term of sentence which may be imposed, upon the terms and conditions which the court determines, and shall place the person on probation, under the charge and supervision of a probation officer or any other person designated by the court, during the suspension.

(b) Upon violation of any of the terms and conditions of probation at any time during the probationary period, the court may issue a warrant for the rearrest of the person on probation and, after giving the person an opportunity to be heard and to rebut any evidence presented against him, may revoke and terminate the probation.

(c) Upon the revocation of the probation, the court may then impose any sentence which may have initially been imposed had the court not suspended imposition of sentence in the first instance.

(d) The court may at any time during the period of probation modify its order of suspension of imposition of sentence. The court may at any time, when the ends of justice and the best interests of the public as well as the defendant will be served, and when the good conduct and reform of the person held on probation warrants it, terminate the period of probation and discharge the person held. If the court has not revoked the order of probation and announced sentence, the defendant shall, at the end of the term of probation, be discharged by the court.

(e) Upon discharge of the defendant without imposition of sentence, the court shall vacate the judgment of conviction and the defendant shall not be deemed to have been convicted of the crime for any purpose.

Source: YSL 2-48 §2, modified.

Cross-reference: The statutory provisions on the Judiciary are found in Title 4 of this Code.

§ 1112. Pardons and paroles.

Any person sentenced pursuant to State statute, or pursuant to Trust Territory statute for not more than six months or to pay a fine of not more than $100.00, or both, may be pardoned or paroled by the Governor upon such terms and conditions as he deems best.

Source: YSL 2-48 §2, modified.

Cross-reference: The constitutional provision on the Governor's power to pardon is found in Yap Const., Art. VI, Sect. 6. That section states: "The Governor may grant reprieves, commutations and pardons, after conviction, subject to regulation by law, except in cases of impeachment. No reprieve, commutation or pardon may be granted to a person holding the Office of Governor or Lieutenant Governor."


	YSC, Title 11. Crimes & Punishment Chapter 11: Punishment §1101. Recognition of custom in imposing or suspending sentences and in granting probation. §1102. Limitation of punishment for crimes in violation of native customs. §1103. Consideration of previous convictions. §1104. Imposition of fines; procedure upon nonpayment of fines. §1105. Orders requiring specified residence. §1106. Restitution, compensation or forfeiture. §1107. Closing of business. §1108. Labor without imprisonment. §1109. Designation of place of confinement. §1110. Suspension of sentence. §1111. Suspension of imposition of sentence. §1112. Pardons and paroles. §1101. Recognition of custom in imposing or suspending sentences and in granting probation. In imposing or suspending the execution of sentences, or in suspending the imposition of sentence and granting probation, due recognition shall be given to the customs of the inhabitants of the State of Yap. Source: YSL 2-48 §2, modified. Cross-reference: The constitutional provisions on Traditional Leaders and Traditions are found in Yap Const., Art. III. The statutory provisions on Traditional Leaders and Traditions are found in Title 5 of this Code. Commission Comment: YSL 2-48 repealed the former provisions of Title 11, that included the State Crimes Act. However, prosecutions for offenses committed before the effective date of this division are governed by the prior law, which is continued in effect for that purpose (see section 102 of chapter 1 of this division). §1102. Limitation of punishment for crimes in violation of native customs. The penalty for any act which is made a crime solely by generally respected native custom shall not exceed a fine of $100.00, or six months imprisonment, or both. Source: YSL 2-48 §2, modified. Cross-reference: The constitutional provisions on Traditional Leaders and Traditions are found in Yap Const., Art. III. The statutory provisions on Traditional Leaders and Traditions are found in Title 5 of this Code. §1103. Consideration of previous convictions. Before imposing or suspending the execution of sentence upon a person found guilty of a criminal offense, or in suspending the imposition of sentence and granting probation, evidence of good or bad character, including any prior criminal record of the defendant, may be received and considered by the court. Source: YSL 2-48 §2, modified. Cross-reference: The statutory provisions on the Judiciary are found in Title 4 of this Code. §1104. Imposition of fines; procedure upon nonpayment of fines. Where an offense is made punishable by fine, the court imposing the fine may give such directions as appear to be just with respect to the payment of the fine. In default of payment of the fine or any part thereof the court may order the defendant to be imprisoned for such period of time as it may direct. These directions may be given and orders for imprisonment made at any time, and may be modified if the court deems justice so requires, until the fine is paid in full or the imprisonment served which has been ordered in default of payment; provided, that the accused shall be given an opportunity to be heard before any direction or order is given, made, or modified, except when that is done at the time sentence is imposed; and provided further, that no defendant shall be imprisoned for a longer period of time than fixed by law of such offense. Source: YSL 2-48 §2, modified. Cross-reference: The statutory provisions on the Judiciary are found in Title 4 of this Code. §1105. Orders requiring specified residence. A court may, in lieu of or in addition to other lawful punishment, direct that a person found by it to be guilty of a criminal offense shall establish his place of residence within a specified area and maintain it there for a period of time not exceeding the maximum period of imprisonment which may be imposed for the offense. Source: YSL 2-48 §2. §1106. Restitution, compensation or forfeiture. (a) Except as provided in subsection (b) of this section, if a conviction or other appropriate disposition of a proceeding is based upon the wrongful or unlawful sale, purchase, use, possession, taking or removal of any article, or of a willful wrong causing damage to another, a court may, in lieu of or in addition to other lawful punishment, order restitution or compensation to the owner or person damaged or the forfeiture of the article to the State. (b) In any case in which a conviction or other appropriate disposition of a proceeding is based upon the wrongful or unlawful taking or removal of betelnuts from another person's betelnut tree, or trees, the court shall, in lieu of or in addition to other lawful punishment, order restitution or compensation in the amount of $500.00 to be paid to the Clerk of Courts for distribution as follows: (1) $50.00 shall be paid to the village within which the crime was committed; (2) $250.00 shall be paid to the owner; and (3) $200.00 shall be paid to the person who provided the most reliable and convincing information which led to the conviction of the defendant or other appropriate disposition of the proceeding. Source: YSL 2-48 §2, as amended by YSL 5-13, modified. Cross-reference: The statutory provisions on the Judiciary are found in Title 4 of this Code. §1107. Closing of business. If a defendant is convicted of an offense involving the sale of a harmful article or the operation of an unlawful business, the court may, in lieu of or in addition to other lawful punishment, order that the place of sale or business be vacated or closed for a specific time. Source: YSL 2-48 §2. §1108. Labor without imprisonment. In any case in which a court is authorized to impose sentence or imprisonment, the court may, if it deems best, instead of imposing imprisonment, sentence the accused to perform hard labor in accordance with his physical ability on any public project for a period not exceeding that for which imprisonment might be imposed. Source: YSL 2-48 §2, modified. Cross-reference: The statutory provisions on the Judiciary are found in Title 4 of this Code. §1109. Designation of place of confinement. Any court upon sentencing a person to imprisonment may designate in the commitment order a place of confinement within the State. The Governor may transfer the person to or designate any place of confinement within the State. Source: YSL 2-48 §2, modified. Cross-reference: The statutory provisions on the Executive are found in Title 3 of this Code. The statutory provisions on the Judiciary are found in Title 4 of this Code. §1110. Suspension of sentence. The court which imposes a sentence upon a person convicted of a criminal offense may direct that the execution of the whole or any part of a sentence of imprisonment imposed by it shall be suspended on such terms as to good behavior and on such conditions as the court may think proper to impose. A subsequent conviction by a court for any offense shall have the effect of revoking the suspension of the execution of the previous sentence unless the court otherwise directs. Source: YSL 2-48 §2, modified. Cross-reference: The statutory provisions on the Judiciary are found in Title 4 of this Code. §1111. Suspension of imposition of sentence. (a) Upon entering a judgment of conviction of any offense, the court, when satisfied that the ends of justice and the best interests of the public as well as the defendant will be served, may suspend the imposition of sentence and may direct that the suspension continue for a period of time, not exceeding the maximum term of sentence which may be imposed, upon the terms and conditions which the court determines, and shall place the person on probation, under the charge and supervision of a probation officer or any other person designated by the court, during the suspension. (b) Upon violation of any of the terms and conditions of probation at any time during the probationary period, the court may issue a warrant for the rearrest of the person on probation and, after giving the person an opportunity to be heard and to rebut any evidence presented against him, may revoke and terminate the probation. (c) Upon the revocation of the probation, the court may then impose any sentence which may have initially been imposed had the court not suspended imposition of sentence in the first instance. (d) The court may at any time during the period of probation modify its order of suspension of imposition of sentence. The court may at any time, when the ends of justice and the best interests of the public as well as the defendant will be served, and when the good conduct and reform of the person held on probation warrants it, terminate the period of probation and discharge the person held. If the court has not revoked the order of probation and announced sentence, the defendant shall, at the end of the term of probation, be discharged by the court. (e) Upon discharge of the defendant without imposition of sentence, the court shall vacate the judgment of conviction and the defendant shall not be deemed to have been convicted of the crime for any purpose. Source: YSL 2-48 §2, modified. Cross-reference: The statutory provisions on the Judiciary are found in Title 4 of this Code. § 1112. Pardons and paroles. Any person sentenced pursuant to State statute, or pursuant to Trust Territory statute for not more than six months or to pay a fine of not more than $100.00, or both, may be pardoned or paroled by the Governor upon such terms and conditions as he deems best. Source: YSL 2-48 §2, modified. Cross-reference: The constitutional provision on the Governor's power to pardon is found in Yap Const., Art. VI, Sect. 6. That section states: "The Governor may grant reprieves, commutations and pardons, after conviction, subject to regulation by law, except in cases of impeachment. No reprieve, commutation or pardon may be granted to a person holding the Office of Governor or Lieutenant Governor."