[Tribal-drug-courts] multiple counts

[Lauren van Schilfgaarde]

Concerning post-adjudication, multiple charges:
On the face of it-This sounds just fine, assuming it's appropriate under tribal law.

>From a due process stance-Wellness Court would serve as a sentencing carrot, even if only for some of the charges. Should they be unsuccessfully discharged, they would then face the sentence they would have for the drug/alcohol related charges. However, since it will be piece-meal, it's even more critical that the consequences and advantages be explained.

The other charges/convictions cannot interfere with the Wellness Court eligibility, such as violent offenses or severe violent child abuse, depending on what is listed in tribal code and/or the policies and procedures manual.

>From a treatment stand point -- Should the other charges/convictions result in a jail sentence, I would be concerned about the participant's access to treatment while they are incarcerated. Should they serve jail-are there any services the Wellness Court can provide while in jail?

Note: Wellness Court eligibility does not have to be limited to drug/alcohol related charges. Courts often do impose such a limitation as a means of controlling flow into the Wellness Court. But the primary concern is whether the person is clinically in need of treatment. This participant's eligibility is of course limited to what is stated in tribal code and/or the policy and procedure manual.


Sincerely,
Lauren
________________________________________
Lauren van Schilfgaarde, Tribal Law Specialist
Tribal Law and Policy Institute<http://www.home.tlpi.org/>
8235 Santa Monica Blvd., Suite 211
West Hollywood, CA 90046
Phone: (323) 650-5467 ~ Fax: (323) 650-8149
Email: Lauren at TLPI.org<mailto:Lauren at TLPI.org>
________________________________________
Please visit: www.WellnessCourts.org<http://www.wellnesscourts.org/>
Providing resources and technical assistance for Tribal Healing to Wellness Courts



From: Tribal-drug-courts <tribal-drug-courts-bounces at tribal-institute.org> On Behalf Of Adrian Hale
Sent: Wednesday, November 28, 2018 6:28 AM
To: 'tribal-drug-courts at tribal-institute.org' <tribal-drug-courts at tribal-institute.org>
Subject: [Tribal-drug-courts] multiple counts

Good morning all,
This is a follow up on a question I had about pre-adjudication or post-adjudication. In post-adjudication situations where there are multiple charges (drug or alcohol related being one), can the defendant plead guilty to the drug/alcohol charges for HTWC and then the other charges still go through trial? (this is for adult HTWC)
Thank you,


Adrian Hale
Healing to Wellness Court Coordinator
PBP Judicial Center
11444 158th Road
Mayetta KS 66509
Office: (785)966-2242
Fax: (785)966-2662
Email: AdrianH at pbpnation.org<mailto:AdrianH at pbpnation.org>

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