[Tribal-drug-courts] multiple counts

Wed Nov 28 11:09:19 CST 2018

Hi Adrian-

At Penobscot all charges are transferred to the Wellness Court.  Prior to admission to the Wellness Court, The Participant, Prosecutor and Defense Counsel all sign a deferred disposition agreement.  The agreement lists all charges and what the best case scenario will be for each single charge if an individual completes the program.  It also lists the worst case scenario for each individual charge if someone fails to complete the program.

So for instance someone might come in with an Operating under the influence and a Criminal mischief charge.  The best case outcome for the OUI might be dismissal upon completion of the program and the best case for the criminal mischief might be 24 hours in jail, restitution and a fine.  However, All sentencing is deferred until completion of the program.

In doing so, we avoid the important issue Lauren raises about individuals detoxing in jail, or not getting treatment in jail.  The individual gets treatment right away.  

As Lauren pointed out, we do not limit participation in Wellness Court to just those who have committed substance abuse related offenses.  For instance, we had an individual who was stealing from his grandparents to buy his drugs.  He was charged with theft and came into the Wellness Court on that charge alone.  The substance abuse was the underlying cause for the problematic behavior.

Good luck, and please feel free to call if we can ever help talk through an idea.

Kind Regards,
Eric
Hon. Eric M. Mehnert
Chief Judge
Penobscot Nation Tribal Court
12 Wabanaki Way
Indian Island, Me.  04468
(207) 735-7127

> On Nov 28, 2018, at 11:30 AM, Lauren van Schilfgaarde <Lauren at tlpi.org> wrote:
> 
> 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
> 8235 Santa Monica Blvd., Suite 211
> West Hollywood, CA 90046
> Phone: (323) 650-5467 ~ Fax: (323) 650-8149
> Email: Lauren at TLPI.org
> ________________________________________
> Please visit: 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
>  
> _______________________________________________
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> Tribal-drug-courts at tribal-institute.org
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