Resources
Tribal Healing to Wellness Courts: The Policies and Procedures Guide (2015), is the quintessential tool for the Healing to Wellness Court, documenting the structure and spirit of the Court. This publication provides an overview of the key considerations for what should be included in the manual, including team roles and responsibilities, phase systems, alcohol and drug testing, and statutory provisions. Rather than detailing one “model” manual, this publication provides excerpts from over fifteen operational manuals in order to preview the level of legal and cultural diversity that is possible within a Healing to Wellness Court.
Sample Documents
Sample Wellness Court Code
(See also, Tribal Drug Court/Healing to Wellness Court Operational Materials, American University, (June 2001), below)
- Cherokee Nation – Resolution: Authorizing the Submission of a Grant to Establish Service to the Healing to Wellness Court – Feb. 2007.
This resolution, finding that drug courts have high rates of success, authorizes the Wellness Court coordinator to apply for a Tribal Youth Program Grant from the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. - Eastern Cherokee Wellness Court Code – Jan. 2009
This Wellness Court code details the purposes and policies of the court, the requirements of the judge, the minimum number of team members, eligibility and entry into the Wellness Court, a lift on the rule of evidence for Wellness Court proceedings, and basic parameters of the proceedings.
- Spokane Wellness Court Code
This Wellness Court code sets out the eligibility and entry requirements for Wellness Courts participants as deferred prosecution. The code states the due process protections that must be provided to the participant, the treatment requirements, including the need for a written treatment plan, the docket procedure upon the granting of deferred prosecution, and other procedural rules, including the procedure upon breach of the treatment plan.
- Poarch Band of Creek Indians – Chapter III. Drug Court
This Drug Court code codifies the establishment of the drug court, details the drug court composition, sets the term of office of the judge, states the judge’s duties, notes who is eligible to participate, conditions of drug court, how records will be kept confidential, and the consequences of termination. - Fort McDowell Yavapai Nation – Chapter 5, Article III., Section VIII. – Wellness Court
This code details Wellness Court eligible cases, and how referrals to the Wellness Court are made, including the necessity for defendants to enter a guilty plea.
- Hoopa Valley Tribe Title 4A: NA:TINI-X’WE’NA:XO’-XI-NAYI-DIN “The People’s Get Well Place” Court Code
This comprehensive court code detail the jurisdiction of the court, court procedure, relations with other agencies, court personnel, court proceedings, initiation of proceedings, court hearing, treatment plan, court weekly procedure, termination and successful completion process, court record keeping, and court review.
- Pueblo of Laguna Tribal Code – Appendix C. Rules of Procedures, Post-Conviction Proceedings, Rule 38. Wellness Court
This code details eligibility, transfer, and procedure proceedings for the Wellness Court.
- Pueblo of Pojoaque Wen Hey Kah Wosatsi Khuu (Path to Wellness) Court – B-6 – Judicial Powers of the Court and C-10 – Jurisdiction
These two provisions establish the Path to Wellness Court, state the role of the policies and procedures, and detail the jurisdiction of the court, including how individuals may be referred and how cases are procedurally processed.
- Ysleta del Sur Pueblo Youth Code – “Na Peuykam Chibel (New Beginnings) Court Program,” 5.8.060 and 5.8.070
This code provision defines the court, including its eligibility criteria, referral process, and states the role of the policies and procedures.
- Quileute Nation, Section 13.24.2 – Deferred Prosecution — Crimes Involving Alcohol or Drug Abuse
While not specific to a Wellness Court or drug court, this code provision details the deferred prosecution process which involves the court ordering treatment and compliance with a treatment plan. The provision details the person’s eligibility, the referral process, the required contents for the treatment plan, and the exclusion of evidence pertaining to a defendant’s evaluation for later convictions.
Sample Policies and Procedures
- Leech Lake–Cass County Wellness Court Policies and Procedures, Cass Lake, MN.
This extensive policy and procedures manual covers the steering committee; planning/core team; mission statement; goals and objectives; structure/model; referral–admission process; target population; eligibility criteria; decaying offenses; disqualifications; phases; graduation criteria; commencement; Wellness Court alumni; incentives; sanctions; treatment procedures; community support meetings/sponsors; supervisions procedure; drug testing procedure; relapse; case information management; evaluation; monetary procedures; case reviews; termination; and confidentiality statement. - Little Traverse Bay Band of Odawa Indians, Waabshki-Miigwan Policy Book.
This extensive policy and procedures manual covers target population; admission guidelines; violent participant prohibition; entry process; client agreement; sanctions and incentives; chemical free home; drug and alcohol screening; sponsorship participation; counseling; self-help meeting attendance; 30/30/30 requirement; education; curfew; out of town travel; casino prohibition; attendance; punctuality; emergency hearing; fines, fees, and court costs; disqualification/termination criteria; graduation requirements; team member roles; client records; meetings; ethics and confidentiality; and evaluation design. - Makah Tribal Drug/Healing to Wellness Court: Policy and Procedures Manual, Neah Bay, Washington. 1999.
This extensive policy and procedures manual covers the Makah Wellness Court services; mission statement, goals, and objectives; eligibility and AOD abuse screening; eligibility criteria; screening process; AOD assessment; management, structure, and staff; judicial supervision; alcohol and other drug abuse treatment; case management; drug testing; sanctions and incentives; graduation requirements; and confidentiality notice and consent form. - Poarch Creek Indian Drug Court Program Staff Manual. (2005).
This “Staff Manual” includes the history of the development of the Drug Court Program; program requirements; eligibility; phase breakdown; graduation requirements; procedures in the case of a rearrest; team member roles and responsibilities and a list of compliant and noncompliant behavior for participants.
- Quinault Wellness Court Policies and Procedures, Quinault, WA.
This extensive policy and procedures manual covers the formal adoption of the Policies and Procedures; mission statement; respect for Quinault culture and tradition; purpose of the court; eligibility criteria; confidentiality; committee structure; individual team members’ roles and responsibilities; pre-program procedures; wellness court phases; program components; termination; sanction and termination point system; phase requirements; and program rules. Appendices include participant notice documents.
- Sisseton-Wahpeton Sioux Tribal Treatment Courthouse Policies and Procedures, Judge B.J. Jones.
This extensive policy and procedures manual covers an introduction in to the court; procedures for the treatment court, including individual team member roles and responsibilities; procedure in the treatment court; and sanctions and rewards. Note that the Sisseton-Wahpeton Sioux Treatment Court does not have a violent offender prohibition.
Sample State Policy and Procedure Manuals
DUI
Sample Participant Guidelines
- Pascua Yaqui Tribal Drug Court Client Guidelines and Grievance Procedure
This participant guide is a document intended for participants upon their entrance into the Wellness Court. It provides client guidelines, including rules for compliance, expected behavior, and a grievance procedure. - Gunnison Adolescent Drug Court Participant Handbook
- Little Traverse Bay Bands of Odawa Indians Waabshki-Miigwan Drug Court Program Client Contract
Sample Sanctions and Incentives (Learn more about Sanctions and Incentives here)
- Cass County-Leech Lake Band of Ojibwe Wellness Court Sanctions by Cass County-Leech Lake Band of Ojibwe Wellness Court, September 2007.
This sanction schedule provides the participant notice of the consequences that will attach to noncompliant behavior. The noncompliant behavior is listed along with the corresponding sanction.
Tribal Healing to Wellness Courts Operational Materials, OJP Drug Court Clearinghouse and Technical Assistance Project, American University (June 1, 2001).
- Cover Page, Table of Contents
- Section 1: Blackfeet Tribal/Family/Alternative Courts for the Blackfeet Nation (Browning, MT)
- Alternative Court Policy and Procedure Manual
- Confidential Contract
- Order to Defer
- Probation Report
- Petition
- Alternative Courtroom Rules, Brochure
- Section 2: Duckwater Shoshone Judicial System (Duckwater, NV)
- Rules of Court
- Motion for Order Allowing Defendant to Enter Treatment (Drug) Court Sessions Program (Adult)
- Limited Waiver of Confidentiality (Adult)
- Motion for Order Allowing Defendant to Enter Treatment (Drug) Court Sessions Program (Juvenile)
- Limited Waiver of Confidentiality (Juvenile)
- Duckwater Shoshone Lawyer, “Duckwater Drug Court Making Impact on Reservation,” Vol. 4 No. 1, Feb. 4, 1999
- Explanatory Letter from Hon. Ronald Eagleye Johnny, Duckwater Tribal and Juvenile Courts and Treatment (Drug) Court Sessions Program
- Sobriety Empowerment Program Scheduling Order: Phase II
- Order Moving Defendant to Phase 4 [including program requirements]
- Section 3: Eastern Band of Cherokee Indians (Cherokee, NC) Part I. Part II.
- Juvenile Drug Court Procedures Manual
- Section 4: Fort Peck Tribal Court (Poplar, MT)
- Brochure
- Fort Peck Community Wellness Court: Manual
- Program Overview
- Staff Responsibilities
- Purpose
- Section 5: Hualapai Tribal Court (Peach Springs, AZ)
- Sentencing Order
- Section 6: Inupiat Community of the Arctic Slope (Native Village of Barrow, AK)
- Tribal Juvenile Wellness Court Code
- Section 7: Makah Tribal Drug Court Program (Neah Bay, WA) Part I. Part II.
- Makah Tribal Wellness Court: An Overview
- Resolution No. 75-98 of the Makah Tribe Council (March 5, 1998)
- Resolution No. 13-01 of the Makah Tribe Council – Makah Wellness Court (January 22, 2001)
- Resolution No. 14-01 of the Makah Tribe Council – Makah Wellness Court Structure (January 22, 2001)
- Makah Drug Court Program Rules and Regulations
- Makah Tribal Drug Court Program: Treatment Program
- Makah Tribal Drug Court Program: Client Information
- Makah Tribal Court: Order Regarding Makah Drug Court Option
- Makah Tribal Drug Court: Sentencing Standards
- Makah Tribal Drug Court: Urine Drug Screening Policy
- Makah Drug Court Participants Financial Assessment
- Makah Drug Court Program Narrative
- Makah Wellness Court – Organizational Structure
- Section 8: Muscogee (Creek) Nation (OK)
- Codification No. 26: Judicial Bran/Courts: Ordinance Establishing a Family Drug Court Pilot Project Creating a Family Drug Court Implementation Team and Authorizing the Adoption and Implementation of Family Drug Court Rules, Policies, and Procedures
- Codification No. 27: Judicial Procedures: An Ordinance of the Muscogee (Creek) Nation Amending NCA 98-77 to Establish a Permanent Family Drug Court Program
- Section 9. Navajo Nation – Part I, Part II, & Part III
- Section 10. Pascua Yaqui Tribal Drug Court
- Section 11. Poarch Creek Indian Drug Court Program
- Section 12. Shoshone-Bannock Tribal Drug Court
- Section 13. Sisseton-Wahpeton Sioux Tribal Drug Court
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