KSC, TITLE 6.  THE JUDICIARY
 
Chapter 49.  Sentencing

Section 6.4901.  Sentencing.
Section 6.4902.  Fine.
Section 6.4903.  Residence.
Section 6.4904.  Restitution, compensation and forfeiture.
Section 6.4905.  Closing of business; revocation.
Section 6.4906.  Labor.
Section 6.4907.  Place of confinement.
Section 6.4908.  Suspension of sentence.
Section 6.4909.  Probation.

      Section 6.4901.  Sentencing.
       In imposing or suspending the execution of a sentence, or in suspending the imposition of sentence and granting probation, the Court gives due recognition to the State's custom and tradition  and may hear evidence of the convicted's good or bad character, including a criminal record.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.  The constitutional provisions on personal freedoms are found in Kosrae Const., Art. II.

      Section 6.4902.  Fine.
       When an offense is punishable by fine the Court may give directions regarding payment of a fine as it finds just.  Upon default of payment of a fine the Court at any time may order the defendant's imprisonment for a period of time in its discretion, and may modify an order as it finds justice requires, until full payment of a fine or the completion of an imprisonment ordered in default of payment.  An accused has a right to be heard before the Court imposes or modifies a sentence.  A period of imprisonment pursuant to this section does not exceed the period of time provided by law for the offense.

      Section 6.4903.  Residence.
       In lieu of or in addition to other lawful punishment, the Court may order that a person found guilty of an offense establish and maintain a place of residence within a specified area for a period not exceeding the period of imprisonment provided by law for the offense.

      Section 6.4904.  Restitution, compensation and forfeiture.
       Upon conviction of the wrongful or unlawful sale, purchase, use or possession of property, or of a wilful wrong causing damage to another, in lieu of or in addition to other lawful punishment, the Court may order restitution or compensation to the owner or person damaged or the forfeiture of the property to the Government or a municipal government.

      Section 6.4905.  Closing of business; revocation.

     (1)  Upon conviction of an offense involving the sale of a harmful article or the operation of an unlawful business, in lieu of or in addition to other lawful punishment, the Court may order the vacating, or closing for a specified time, of the place of sale or business.

     (2)  Upon conviction of an offense the Court may revoke a license or permit related to the offense granted pursuant to State law.

      Section 6.4906.  Labor.
       If a sentence of imprisonment is applicable in lieu of ordering imprisonment, the Court may sentence the accused to perform hard labor in accordance with his physical ability on a public project for a period not exceeding the period of imprisonment provided by law for the offense.

      Section 6.4907.  Place of confinement.
       Upon sentencing a person to imprisonment the Court designates the place of confinement in the commitment order.

      Section 6.4908.  Suspension of sentence.
       In imposing a sentence of imprisonment upon a person convicted of an offense the Court may direct suspension of the execution of sentence on conditions.  A court. s subsequent conviction of the person of another offense has the effect of revoking the suspension of the execution of the previous sentence, unless the Court otherwise directs.

      Section 6.4909.  Probation.

     (1)  Upon entering a judgment of conviction the Court may suspend the imposition of sentence when satisfied that a suspension of sentence will serve the ends of justice and the best interests of the public and the defendant, and may direct that the suspension continue for a period of time, not exceeding the period provided by law for the offense upon conditions placing the person on probation, under the charge and supervision of a probation officer or other designated person designated during suspension.

     (2)  Upon a convicted's violation of a condition of probation during a probationary period the Court may issue a warrant for the convicted's arrest, after giving the person an opportunity to be heard and to rebut evidence presented against him, revoke the probation.

     (3)  Upon revocation of probation the Court may impose a sentence which it may have initially imposed if the Court has not suspended imposition of sentence.

     (4)  The Court may at any time during a period of probation modify an order of suspension of imposition of sentence.  When it finds a termination of probation serves the ends of justice and the best interests of the public and the defendant, and when the good conduct and reform of the person held on probation warrants it, the Court may at any time terminate the period of probation and discharge the convicted.  If the Court has not revoked the order of probation and pronounced sentence, it discharges the defendant at the end of the period of probation.

     (5)  Upon discharge of a convicted without imposition of sentence the Court vacates the judgment of conviction.

     (6)  When the Court vacates a judgment of conviction in a proceeding pursuant to this section, no person may for any purpose treat the person who is the subject of the judgment as if the Court had convicted him in that proceeding.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.
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