TTA Request Summery: Collaborative strategies for the NCJA/NCAI project will involve seeking concurrent jurisdiction with the State of Alaska in the prosecution of criminal court cases; KIT will additionally seek to engage state and local governments in a therapeutic drug court work group. This work group will work to establish action steps towards the creation of a KIT therapeutic drug court model that can be replicated by other tribal courts across the state of Alaska. The plan for the creation of these action steps will involve intergovernmental coordination, tribal/state cross-training and technical assistance from ALS and other partners. The work group will address all ten of the National Association of Drug Court Professionals’ key components of drug courts.
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National Congress of American Indians
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In response to a request by the Kenaitze Chief Tribal Court Judge and Administrator and the Kenaitze Indian Tribe (KIT) Grant Writer for technical assistance in establishing a tribal therapeutic drug court, Cabell Cropper, Executive Director, National Criminal Justice Association traveled to Kenaitze, Alaska, to facilitate a meeting of judicial, law enforcement, behavioral health stakeholders from the KIT, Kenaitze and the state of Alaska. Prior to the meeting reviewed previous grant applications and other documents and consulted via telephone with the Chief tribal court judge, the KIT grant writer and a representative of the Alaska Legal Services Corporation.
The meeting took place at the Dena’ina Wellness Center in Kenai, Alaska from 10:00 AM – 1:00 PM. A total of 12 participants attended the meeting representing, Kenaitze Tribal Court, Kenaitze Tribal public safety, Kenaitze Indian Tribe’s Na’ini Social Services program, behavioral health department and tribal circle programs. Community stakeholders included representatives from Alaska Legal Services, Inc.; Kenai Police Department; Alaska Department of Behavioral Health; and Charles Huguelet, Judge, Third Judicial District, Kenai. A roster of participants is attached. The purpose of the meeting was to develop concrete action steps and timeline for establishing a therapeutic drug court for state court-involved members of Kenaitze Indian Tribe.
The group identified the current points of entry for tribal members to the state criminal and juvenile systems. The discussion focused on people arrested for alcohol and drug possession related offenses. Participants shared information based on their professional role in the process. This discussion revealed that:
• Kenai Police Department (KPD) attempts to release youth detained for intoxication to family or friends.
• Juvenile detained for intoxication can be given the option of participating in the KIT Tribal Circle
• KPD seldom charge habitual intoxicated minor to avoid referral to juvenile court.
• The Alaska State Legislature is considering legislation to make minor intoxication a violation rather than a misdemeanor offense, thereby giving KIT Tribal Court jurisdiction in these offenses.
• KIT Tribal Court is available to members of other Indian Tribes and to members of the community at large.
• No formal protocols exist to make participation in KIT Tribal Circle a condition of court-imposed probation for adult offenders.
• A process could be established to use deferred prosecution or sentencing with completion of Tribal Circle as an option for adult offenders.
• KIT Tribal Court prefers at non-judicial option for Tribal offenders to avoid criminal records that negatively affect future employment, military service, and educational opportunities.
• Purpose of Tribal Circle is to heal community, not punish offender.
• KIT Family Services no longer receive assessment referrals from the Alaska Department of Juvenile Justice
Based on the discussion, the group identified the following action steps
• KIT Tribal Court Administrative Judge and State Court Judge meet with Kenai District Attorney to discuss referral to Tribal Circle for defendants under probation supervision possibly as a condition of a deferred plea, prosecution or sentencing.
• Meet with Alaska Department of Corrections probation agency to discuss protocols for defendant’s participation in Tribal Circle as condition of probation
• Meet with Alaska Department of Behavioral Health to discuss the functions and availability of behavioral health probation officers.
• Meet with the Kenai public school system to explore the role of School Resource Officers and the use of D.A.R.E.
• Determine the effect of the proposed statute to change the office of intoxicated minor to a civil violation on use of Tribal Circle for these offenders.
• Continue to assess the possibility of modifying the KIT Tribal Criminal Code to assert criminal jurisdiction in cases involving KIT members.
• Work with the Department of Juvenile Justice to “re-establish” referral links for juvenile behavioral health assessments for youth involved in alcohol-related offenses. Also work to develop assessments for adults with co-occurring disorders who may be referred to adult drug court via Parole and Probation.
• Develop ‘therapeutic case manager’ positions through funding requests to OJJDP and SAMHSA similar to those utilized on the state level- so that juveniles and adults will benefit from wrap-around coordinated care that accounts for primary, behavioral, physical and emotional health needs. PDs, Defense Attorneys or prosecuting attorneys would refer to KIT’s behavioral health program where these case managers would be employed.
• Develop agreements with the Kenai Probation Office to serve adults with alcohol and/or drug-related offenses.
• Develop agreements with Raven’s Way (located in Sitka) and other residential treatment providers to place clients in treatment programs as part of graduated sanctions.
The group agreed to meet on a quarterly basis with the next meeting occurring in March 2015.
NCJA executive director Cropper participated in the planning and delivery of on-site technical assistance to the Kenaitze Indian Tribe Joint Jurisdiction Court Working Group by the Oregon Health Sciences University Project TEAM on May 20 – 22, 2015. Mr. Cropper assisted facilitate portions of the meeting and participated in the discussion. Because of the Project TEAM TA delivery, the NCJA has terminated its TA delivery to the Kenaitze Indian Tribe.
It is important to note this meeting marked NCJA's termination of TA delivery to the Kenaitze Indian Tribe.
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- General information regarding the request for TTA services, i.e., the who, what, where, when, and why.
- The organizational and/or community needs specific to the request for TTA services.
- The benefits or anticipated outcomes from the receipt of TTA services.
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