An Introduction:

For several decades, drug and alcohol use has shaped the criminal justice system. Substance abuse offenses are the most
common crime for nearly every community. Substance abuse offenders move through the court system in a predictable pattern:
arrest, prosecution, conviction,  incarceration, and release. In a few days, weeks, or months, the same person may be picked
up on a new charge and the process begins again.

The traditional system of justice, designed to resolve legal disputes, is ineffective at addressing substance abuse. The traditional court system is based on an adversarial system that places two differing parties in the courtroom to determine innocence or guilt. It focuses on one problem, the act involved, which is discussed through a process of fact finding. The court provides a forum for testing the evidence presented from the differing perspectives of the involved parties. Interaction is minimal, and remains hostile throughout the process.

This process is not conducive to dealing with substance abusing behavior that results in criminal actions, and will not result in a change in such behavior without the assistance of service providers. Research has shown that achieving long lasting behavior change among substance abusers - reducing substance abuse and associated criminal behavior - is unlikely without treatment and other support services.

The Fort Peck Community Wellness Court Program returns to a more traditional method of justice for Indian people, by creating an environment that focuses on the problems underlying the criminal behavior than the act itself, and stresses family and community involvement in the healing process. Through an "intake" process all contributing factors are examined to address the underlying problems, and all service providers, agencies, and individuals, including family members are held accountable and share responsibility to assist in the healing process of the substance abusing offender.

The purpose of the Fort Peck Community Wellness Court is to stop the abuse of alcohol and other drug related criminal activity. The Wellness Court offers a choice for individuals whose criminal justice involvement stems from substance abuse: participation in treatment. In exchange for successful completion of the treatment program, the court may 'dismiss the original charge, reduce or set aside a sentence, offer some lesser penalty, or offer a combination of these.

This type of court transforms the role of both criminal justice practitioner and substance abuse treatment provider. The judge is the central figure in a team effort that focuses on sobriety and accountability as the primary goals. Because the judge takes on the role of trying to keep participants engaged in treatment, providers can effectively focus on a therapeutic relationship with the participant. In return, service providers keep the court informed of each participants progress so that rewards and sanctions can be provided.

The rules are definite, easy to understand, and most important, compliance is within the individuals control. The rules are based on performance, and are measurabIe. The participant either appears in court or does not, attends treatment sessions or does not, drug tests reveal drug use or abstinence. The participant's performance is immediately and directly communicated to the judge, who rewards progress or penalizes noncompliance. This establishes an environment that the participant can understand - a system in which clear choices are presented and individuals are encouraged to take control of their own recovery.
 

The mission of this program is to develop a community based model, through a collaborative effort of service providers and relevant agencies to break the cycle of substance abuse and it's related social problems, through the development of a Community Wellness Court Program that mandates accountability, yet provides comprehensive services to substance abusing offenders who enter the system, thereby reducing the over reliance of the judicial System.
 

Initially, the Fort Peck Community Wellness Court Program will focus on a group of ten (10) non-violent youthful offenders between the ages of 12 - 18 years of age charged with an incident involving drug and/or alcohol use. Efforts will expand to include more clients, and will include adult clients at a later date.
 
 

There are four programmatic goals of the Fort Peck Community Wellness Court Program, which are to:
 

1 ) Enhance the Fort Peck Tribal Court judicial Processing System by the implementation of an intake and referral process that includes a screening and assessment process to determine the /likelihood that substance abuse is a contributing factor in a case.
 

2)Improve the current Tribal Court information Management System in order to coordinate court information between law enforcement, treatment and rehabilitation services, and other pertinent agencies, organizations, educational services, etc. to substance abusing offenders;
 

3) Develop alternative interventions through a collaborative effort with treatment, vocational and other rehabilitative based agencies and organizations to reduce the over reliance on incarceration.
 

4) Develop a graduated sanction process, as well as consistent court mandates for sustained compliance and continuity of treatment, recovery, and support services to offenders, which includes family accountability, substance abuse education, and treatment.