Page:United States Statutes at Large Volume 124.djvu/2306

 124 STAT. 2280 PUBLIC LAW 111–211—JULY 29, 2010 ‘‘(B) except as provided in subparagraph (C), impose for conviction of any 1 offense any penalty or punishment greater than imprisonment for a term of 1 year or a fine of $5,000, or both; ‘‘(C) subject to subsection (b), impose for conviction of any 1 offense any penalty or punishment greater than imprisonment for a term of 3 years or a fine of $15,000, or both; or ‘‘(D) impose on a person in a criminal proceeding a total penalty or punishment greater than imprisonment for a term of 9 years;’’; and (3) by adding at the end the following: ‘‘(b) OFFENSES SUBJECT TO GREATER THAN 1-YEAR IMPRISON- MENT OR A FINE GREATER THAN $5,000.—A tribal court may subject a defendant to a term of imprisonment greater than 1 year but not to exceed 3 years for any 1 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 com- parable 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 1 year of impris- onment if prosecuted by the United States or any of the States. ‘‘(c) RIGHTS OF DEFENDANTS.—In a criminal proceeding in which an Indian tribe, in exercising powers of self-government, imposes a total term of imprisonment of more than 1 year on a defendant, the Indian tribe shall— ‘‘(1) provide to the defendant the right to effective assist- ance of counsel at least equal to that guaranteed by the United States Constitution; and ‘‘(2) at the expense of the tribal government, provide an indigent defendant the assistance of a defense attorney licensed to practice law by any jurisdiction in the United States that applies appropriate professional licensing standards and effec- tively ensures the competence and professional responsibility of its licensed attorneys; ‘‘(3) require that the judge presiding over the criminal proceeding— ‘‘(A) has sufficient legal training to preside over criminal proceedings; and ‘‘(B) is licensed to practice law by any jurisdiction in the United States; ‘‘(4) prior to charging the defendant, make publicly avail- able the criminal laws (including regulations and interpretative documents), rules of evidence, and rules of criminal procedure (including rules governing the recusal of judges in appropriate circumstances) of the tribal government; and ‘‘(5) maintain a record of the criminal proceeding, including an audio or other recording of the trial proceeding. ‘‘(d) SENTENCES.—In the case of a defendant sentenced in accordance with subsections (b) and (c), a tribal court may require the defendant— ‘‘(1) to serve the sentence— ‘‘(A) in a tribal correctional center that has been approved by the Bureau of Indian Affairs for long-term incarceration, in accordance with guidelines to be developed by the Bureau of Indian Affairs (in consultation with Indian Guidelines. Deadline.