The Poarch Creek Indian Drug Court was developed and implemented under the direction of Tribal Court Judge Earnest Ray White and the Drug Court advisory panel. Judge White presides over the Drug Court. The Poarch Creek Indians received a Drug Court planning grant in 1997 from the U.S. Justice Department.

The Poarch Creek Indian Drug Court is a coordinated effort between the court, including the Judge, Court Director, Court Clerk, the Tribal Prosecutor, the Tribal Police Department, Tribal Probation Officer, the Tribal Social Services and the Human Services Department. The primary goal of the Poarch Creek Indian Drug Court is to provide immediate and direct treatment to the drug offender.

The Poarch Creek Indian Drug Court Program is an approximate twelve-month, four-phase approach to substance abuse. It includes vocational, educational and spiritual components in conjunction with providing substance abuse treatment. Phase I includes assessment and intensive inpatient/outpatient treatment. Phase II provides moderate outpatient assistance including follow-up to any inpatient care from Phase I. Phase III is less intensive follow-up and emphasizes a drug free lifestyle and attempts to develop the mechanisms for coping with stressful situations which the offender might encounter. Phase IV provides continuing care, that is, substance abuse support through available community resources on and off the reservation. All phases of the program include regular, random drug/alcohol testing, individual counseling sessions, group sessions, and probation supervision.

This program provides not only treatment for the offender but also the opportunity for alternative resolution or sentencing regarding his or her legal problems if he or she is successful in completing the program.

THE DEVELOPMENT OF THE DRUG COURT PROGRAM

The last three and a half decades of the twentieth century have brought about a tremendous influx and use of drugs in the United States. Initially most of the drugs and abuse were concentrated within the larger cities and their suburbs across the country. As time has passed this problem has filtered down to the local levels of small towns and communities.

Indian reservations are no exception, particularly the Poarch Creek Indian reservation that is located in Southwest Alabama and on the edge of the Florida Panhandle. Being so located, the Poarch Creek Indian reservation has a unique location for an influx of drugs.

State courts have little, if any, jurisdiction on the reservation and the Federal District Court in Mobile has not shown great interest in aiding the prosecution of drug abuse on the reservation. Thus, the Tribe is almost alone in its efforts to curb the drug abuse problem on its reservation. It must draw from all resources available to and through the tribe.

The Poarch Creek Indians have a well-developed Social Services Program from which to draw. Also, the Human Services Department has extensive counseling programs available. Numerous other counseling programs exist through which treatment can be provided on and off the reservation. Law enforcement has lengthy experience in dealing with drugs and abuse and the administration supports the efforts in establishing a Drug Court.

The Poarch Creek Indian Tribal Court was established in 1987 and is an integral part of the Drug Court. With over 50% of all reservation crimes involving or related to drugs, the Drug Court is overdue in its development. The Poarch Creek Indian Drug Court will utilize all resources available to help each offender realize and deal with their problem, or bare the consequences. With all parties working together, only good can result.

PROGRAM REQUIREMENTS

The Poarch Creek Indian Drug Court includes the following critical elements:

substance abuse problems.

In addition, for this program, the term "Drug Court" is a specialty designed court calendar or docket, the purposes of which are:

To achieve a reduction in recidivism and substance abuse among nonviolent adult substance abusing offenders and increase their likelihood for successful rehabilitation through early, continuous and intensive judicially supervised treatment, mandatory periodic drug testing and the use of graduated sanctions and other rehabilitation services.

1. Possession or Purchase of Marihuana/Controlled Substances

2. Manufacture of Marihuana/Controlled Substance for personal use.

3. Illegal possession/use of prescription or related drugs

4. Possession of Drug Paraphernalia.

5. Alcohol related incidents (DUI, Public Intoxication, etc.)

Other offenses may be considered for eligibility into the program if it appears that drug or alcohol addiction/use is a related factor to said offense. Examples would be drug/alcohol related thefts, burglaries, negotiating worthless instruments, dealing in stolen property and other similar offenses.

The criminal record of the defendant will be very relevant in determining eligibility, as a defendant with an extensive criminal record may possibly not be allowed into the program. Defendants with no prior criminal record or a very limited criminal record may be allowed admission to the Drug Court Program. Violent offenders, as such is defined by federal law, are not eligible for the Drug Court Program.

A. INITIAL SCREENING OF THE OFFENDER

Upon the arrest of an offender charged with a drug/alcohol related offense (excluding any violent offense) the arresting officer will advise the person that the Drug Court Program is available. If the offender is interested in the Drug Court Program, the Officer will explain to the offender that a criminal history check will be done (criminal history check should be completed within 48 hours), prior to referring the offender to the Tribal Prosecutor for consideration as a participant in the Drug Court Program. Once the criminal history check is completed, the Tribal Prosecutor will complete the referral form and return to the court. The Drug Court will advise the offender to report to the Poarch Creek Indians Human Services Department for a alcohol/drug assessment. Once the assessment is complete and the offender is found to be chemically dependant, the Human Services Manager will report in writing to the Tribal Prosecutor. The Tribal Prosecutor will review all findings regarding the offender, then make appropriate recommendation as to whether this offender should be in the Drug Court Program. If the offender is eligible for the Drug Court Program a status hearing will be schedule for the offender to appear before the Drug Court Judge. Once the offender is accepted into the Drug Court Program the offender will meet with the Drug Court Project Manager and the Tribal Probation Officer to review requirements of the Drug Court Program and sign all documents necessary to participant in the program. The participant shall also submit to a urinalysis that will be analyzed for a breakdown of the participant's drug usage. Once the offender has completed all paperwork, the Human Services Manager, the Probation Officer and the Participant will formulate a treatment plan that includes education, job/job training, AA/NA meetings, group/individual counseling sessions, status hearings and alcohol/drug testing. Once the treatment plan is formulated a copy will be placed in the Drug Court case file.

Depending on the individual case, a participant may enter the Drug Court program on a pre-trial basis or on a post-trial basis. The decision as to whether a offender may be offered a pre-trial diversion agreement is in the discretion of the Tribal Prosecutor. If a defendant is admitted into the program on a pre-trial basis, his criminal case is placed on the administrative docket and continued generally pending successful completion of the Drug Court Program. If the participant successfully completes the program, charges may either be nol prossed or the defendant be allowed to plead to an amended, lessor offense, depending on the particular facts of the case. Should the participant be terminated from the Drug Court Program, his case will be reinstated on the active docket and prosecuted in a normal fashion.

C. POST-TRIAL PARTICIPATION

Any Defendant who has been to trial, whether adjudication has been rendered or not, may be admitted to the Drug Court Program if they meet the eligibility requirements. The Court may order the Defendant into the Drug Court Program prior to sentencing or after sentencing. If the Defendant has been tried, but no adjudication of guilt made and not sentenced, and the Defendant completes the Drug Court Program successfully, the Court may dismiss the charges against the Defendant at the Court’s discretion. If the Defendant has been sentenced and is ordered into the Drug Court Program as part of sentencing, then appropriate sanctions may be imposed if the Defendant fails to complete the Drug Court Program as ordered. If a post-trial Defendant is placed on probation, the Defendant may be ordered into the Drug Court Program as part of probation. An unsuccessful completion of the Drug Court Program may be considered a violation of probation.

II. DOMESTIC, JUVENILE, AND OTHER CIVIL PARTIES...

There are many instances where substance abuse is a major factor in juvenile, domestic relations, and other similar cases. The effect on families can be devastating. Therefore, in appropriate circumstances, a party in such a case may be ordered into the Drug Court Program by the Tribal Court as part of the Court’s intervention and/or disposition of a case. A recommendation for this action may be made by the Poarch Creek Indians Department of Social Services, Health Department or upon the Court’s own motion. Compliance with the Court’s order and participation in the program can be enforced through the Court’s contempt power.

The initial screening of the participant shall be conducted the same as in a criminal case. The aforementioned recommendation by the appropriate department, as well as a review of the participant’s past criminal and/or violent behavior (if any) shall be considered. Once the initial screening has been completed, the administrative intake process shall be performed as in a criminal case.

Phase I - 90 days. Approximately thirteen weeks of intensive inpatient/outpatient treatment will be necessary. Utilization of the approved inpatient facility will be included if immediately available or any other inpatient programs which are available as an alternative. If no inpatient treatment is available, then intensive outpatient treatment will be allowed. Moral Reconation Therapy(MRT) or other approved method of treatment will begin in Phase I and continue in each phase until participant has successfully completed the requirements of the treatment program. Services off the reservation, including the State Human Services Department, AA, NA, and any other programs that are available, shall be utilized. If the defendant is not receiving inpatient treatment, Phase I consists of (7) meetings per week [(4) NA/AA meetings and (3) treatment sessions (group/individual/MRT or other treatment method)]. A sponsor will be obtained during the first week’s attendance. The participant must report to the Probation Officer at least twice per week and/or as directed by Probation Officer. Participants will be subject to three (3) mandatory urine /alcohol test per week, and any random urine/alcohol test as requested by the probation officer/treatment provider. Each participant will report for status hearings (4) times per month. Participants shall be subject to a mandatory curfew from 10:00 P.M until 5:00 A.M. while in Phase I of the program. Exceptions may be granted by the Probation Officer or Drug Court on an as needed basis if individual circumstances require an adjustment.

Phase II - 90 days. Approximately thirteen weeks of moderately intensive outpatient treatment. Phase II consists of (5) meetings per week [(3) NA/AA meetings and (2) treatment sessions (group/individual/MRT or other treatment method)]. Participants shall report to the Probation Officer at least once per week and/or as directed by Probation Officer. Participants shall be subject to (2) mandatory urine/alcohol test per week, and any random urine/alcohol test as requested by probation officer/treatment provider. Each participant will report for status hearings (3) times per month.

Phase III - 90 days. This is a phase of less intensive outpatient treatment. Phase III consists of (4) meetings per week [(3) NA/AA meetings and (1) treatment session (group/individual/MRT or other treatment method)]. Participants shall report to the Probation Officer at least twice a month and/or as directed by Probation Officer. Participants shall submit to (1) mandatory urine/alcohol test per week, and any random urine/alcohol test as requested by probation officer/treatment provider. Each participant will report for status hearings (2) times per month. Participants who do not have a high school diploma/GED or job should begin working toward obtaining both during this phase of the program.

Phase IV - 90 days. This is the Continuing Care phase of the program. Phase IV consists of (3) meetings per week [(2) NA/AA and (1) treatment session(group/individual/MRT or other treatment method)]. Participants report to the Probation Officer at least once per month and/or as directed by Probation Officer. Random urine/alcohol testing will continue during this 90 day period. Each participant will report for status hearings (1) time per month. A participant may remain in Continuing Care for as long as they request to do so.

The status hearing requirement enables the Tribal Drug Court Judge to provide support to the defendants as needed and to institute any sanctions recommended by treatment. It also provides the defendant with a sense of continuity and identification within the various programs. Rather than feeling "lost in the system", the defendant will understand that the judge knows of and has an interest in his or her situation. This allows the courtroom to become a therapeutic environment for each participant.

The Drug Court will be responsible for determining the satisfactory progress of each defendant. Consistent positive urine tests and nonattendance of various treatment sessions could result in the participant’s being sanctioned, including incarceration. If incarcerated as a sanction, a participant, once released from jail, may be allowed to resume their participation in the program. The jail alternative will only apply in post-trial cases. Pretrial participants who violate Drug Court rules may be required to repeat a level, have increased programming, be subjected to other sanctions or be terminated from the program.

Before being admitted into the Drug Court Program, the Court will stress the requirement of payment of all administrative fees. The Drug Court will require an administrative fee of $50.00 dollars per month for as long as the participant is in the program . The Drug Court Judge shall have the authority to waive said cost, or have participant perform community services in lieu of payment based on inability to pay. All fees must be paid in full prior to a participant’s graduating from the Drug Court Program; otherwise he/she will be unsuccessfully terminated from the Drug Court Program. The Drug Court shall have the authority to garnish a participant's wages to insure propmpt payment of fees.

If a defendant who has been admitted to the Drug Court Program is rearrested for any drug/alcohol related offense, he or she may be automatically terminated from the program at the discretion of the Drug Court, if probable cause is determined on the face of the charging document. If the defendant is on probation at the time of rearrest, the court will determine appropriate sanctions based on the facts of the probation and rearrest.

If a defendant is arrested for a non-drug-related offense, the Drug Court will determine the defendant's status based on the facts made known to the court.

Any defendant who fails to complete each level of the program in a timely manner based on the recommendations for that defendant, shall be brought before the Drug Court for appropriate sanctions. Such sanctions shall include returning the defendant to a prior level of treatment, incarceration if appropriate, or termination from the program. The Drug Court shall make this decision.

1. A minimum of 12 months in the Drug Court Program

2. A minimum of six months clean time

3. All required NA/AA meetings attended

4. All Group/Individual sessions attended

5. High school diploma or GED attainment, if applicable

6. Obtain driver’s license and voter's registrations, if applicable

7. All fees paid to Poarch Creek Indians Drug Court

8. All required status hearings attended

9. All restitution paid

10. All fines/court cost paid to Tribal Court as ordered

11. Completion of written essay outlining the participant's experience in the Drug Court Program, his accomplishments, goals and expectations in the future.

12. Final exit interview with Treatment Provider, Probation Officer and Drug Court.

13. Attendance at Graduation.

The Drug Court Judge shall supervise and re-enforce treatment by reviewing the reports from the treatment providers and input from each defendant and will use various incentives, both positive and negative, to encourage compliance with the treatment program. The judge will establish a rehabilitative relationship with the offender through intensive interaction during court appearances. The judge shall stress the court's desire that each defendant successfully complete the program while making it clear the consequences of failure. The judge will assume the role of not only judge, but also mentor and encourager to each defendant. In this setting, the judge will be able to reward a defendant's successes in the program, thus providing additional motivation, and to sanction any noncompliance, thereby discouraging a defendant's failure. By using this approach, the judge will re-enforce the valuable casual relationship between both good and bad decisions made by the defendant.

The Drug Court Judge will respond to any relapse or other violations with immediate sanctions that simultaneously address the defendant's conduct and will encourage more intensive involvement in treatment. The court will strive to keep defendants in Drug Court while imposing swift, consistent and behavior-specific sanctions for relapse, missed meetings or court hearings or any other rules violations. The court will utilize graduated sanctions to become more restrictive as the severity and/or frequency of infractions increase. The court will utilize increased frequency of courtroom status calls, increased frequency of onsite urine tests, increased frequency of attendance in outpatient programs, increased court supervision, jail or increased jail sentences (post-trial), increased length of time in the Drug Court, and any other appropriate sanctions deemed proper by the court.

The Drug Court will actively supervise and re-enforce treatment received by the defendant. The Drug Court will review reports from treatment providers and discuss any treatment problems with the defender during court appearances. It will be the goal of the Drug Court judge to be as positive as possible toward each defendant in encouraging that defendant to complete the Drug Court Program as all parties will benefit from a successful completion.

The Tribal Prosecutor shall review each defendant's case and advise the Drug Court as to whether or not the defendant might be appropriate for participation in the Drug Court Program. The prosecutor's assessment will consist of verifying whether the charges against the defendant are appropriate for the Drug Court Program and whether the defendant has any prior charges or other reasons that would disqualify him or her from the program such as violent offenses. The Tribal Prosecutor shall communicate to the Drug Court his findings. The prosecutor shall not prosecute any pretrial defendant who is participating in the Drug Court Program until and if the defendant is unsuccessful in completing the program. If a defendant is unsuccessful in the program, the prosecutor shall pursue the charges as normal. The prosecutor shall review defendant's progress in the Drug Court Program and make recommendations to the Tribal Court in reference to said progress.

The Court Director and the Clerk of the Court shall be responsible for preparing all dockets and current files and making them available at all Drug Court hearings. The Director and Clerk shall also be responsible for updating files and preparing notes relating to each client's progress in the Drug Court Program, noting any sanctions that may be imposed during the hearings. The Director and Clerk will also provide the client and any attorney or other representative with appropriate forms for entrance into the Drug Court Program. The Director and Clerk shall also be responsible for preparing any orders and distributing them to the appropriate parties. If there is a Program Manager involved in the program, copies of all Drug Court documents pertaining to that client shall be provided to the case coordinator. The Director and Clerk of the Court shall also be responsible for receiving and recording all payments made to the Drug Court by a client and shall keep the Tribal Court Judge updated on all fees and any other requirements imposed upon the client. The Director and Clerk of the Court shall perform any other duties deemed necessary by the Tribal Court Judge.

The Human Services Department shall provide initial assessment of each client to determine the type of services needed and to assist in developing a treatment plan. The purpose of the initial assessment will be to detect major problems related to substance abuse, to indicate potential problem areas and risk factors and to indicate the intensity and duration of substance abuse treatment services and other ancillary services. The Human Services Department shall make recommendations to the Drug Court as to the appropriate treatment necessary for each client, said recommendation shall be in writing. The Human Services Department shall continue to work with each client as they progress through the program and shall report findings to the Drug Court as to the progress of each client. The Human Services Department shall provide appropriate counseling to clients, coordinate all inpatient services and provide reports appropriately.

The role of the Poarch Creek Indian Social Services Department shall be that of providing assistance to the Drug Court in dealing with family situations of any Drug Court participant. The Department of Social Services may be called upon to evaluate the family circumstances of a participant and make recommendations regarding the family situation of any participant while in the Drug Court Program.

If family assistance is necessary, the Department of Social Services shall provide appropriate services, including coordinating off reservation and on reservation programs to aid the family situation.

The Poarch Creek Indian Public Safety Department shall be involved in the Drug Court through the monitoring of the progress of each participant. The Tribal Police shall assist the Probation Officer with urine tests and alcohol tests as requested. Should a participant fail a urine test or violate any other terms of the Drug Court Program the Tribal Police shall immediately notify the Drug Court for appropriate action.

Tribal Police may provide certain counseling programs regarding drug and alcohol education. This would include actual drug and alcohol statutes, punishment statutes, statistical information, videos and other resources. Since Tribal Police will see each participant on a regular basis and have the opportunity to observe them, input from Tribal Police will be important.

The Tribal Probation Officer will monitor the participants compliance with Drug Court Program requirements and the law. The Probation Officer will schedule appropriate meetings with participants and administer random alcohol/drug tests. The Probation Officer will provide a calendar of alcohol/drug testing results, as well as a status report on each participant. The calendar and report are due on the day prior to status hearings. The Probation Officer will also work inconjuction with the Human Services Manager to formulate a treatment plan for each participant. The Probation Officer shall coordinate any community service performed by the participant. The Probation Officer shall serve as an interagncy and interdepartmental liasion for correspondence, reports, case records, field notes and all other related matters. The Probation Officer shall be empowered with the day to day supervision of the participants and may issue directives or requirements to them, as long as they are lawful and not in conflict with Drug Court policies or orders, as may be appropriate, and as may be required to effectively supervise and monitor participants. Copies of any terms of probations or other directives shall be included in the participant's Drug Court file.

POARCH CREEK INDIAN DRUG COURT PARTICIPATION

1. Drug Court participants shall not violate any city, state, tribal or federal laws. Any arrest or contact with police must be reported to the Probation Officer within twenty-four (24) hours.

2. Participants shall not commit any acts of violence or threats of violence.

3. Participants shall not have in their possession, use, sell, distribute or have under their control, any paraphernalia or drug except as prescribed by licensed physician.

4. Participants shall not use or possess any alcoholic beverage nor shall they frequent any establishment where alcoholic beverages are exclusively sold or used.

5. Participants shall not attend any program requirement under the influence of alcohol or any illicit drug.

6. Participants shall not attend any program requirement while in the possession of a weapon of any form including firearms or knives.

7. Participants shall not refuse to comply with any reasonable program requirement.

8. Participants shall not miss any scheduled probation meetings, counseling appointments, drug court appearances, or urine drug tests.

9. Participants shall not refuse to cooperate with Drug Court personnel at each level and they shall strive to progress through each level to the best of their ability.

1. Attend all counseling sessions and be on time. In the event a participant is unable to attend, the participant will call their counselor or the Tribal Court Director or Clerk at least two hours in advance and make up the missed session within one week.

2. Attend all Drug Court appearances and be on time.

3. Submit to urine, alcohol, or other tests as required.

4. Submit any required reports to the Drug Court as ordered.

5. Keep the Drug Court informed of a current address, phone number and whereabouts. The participant shall not change address or phone number without notifying the Court in advance.

6. Maintain full-time employment, attend school full time or a combination of the two. Each participant will provide proof of employment or employment search to the Drug Court. They will report any employment change within 48 hours.

7. Submit to any rehabilitative, medical or psychological program as directed by the Drug Court.

8. Pay all costs, restitution, fines, etc. as ordered by the Drug Court.

9. Pay all Drug Court Program fees as agreed to as result of any financial assessment.

10. Shall comply with directives of the Drug Court, Treatment Provider and Probation Officer.

11. Make satisfactory progress in the program as measured by each level requirements.

I have read and I understand the Poarch Creek Indian Drug Court Rules and Regulations.

__________________________________ __________

Participant Date

__________________________________ __________

Witness Date

Relapse and intermittent progress are part of most successful drug rehabilitation programs. Progressive sanctions and incentives are appropriately applied in response to program failure and success and/or applied incrementally to move the participant steadily toward sobriety.

There are immediate and direct consequences for all conduct. Sanctions follow violations and are applied as close to the time of failure as possible by the Drug Court. This calls for frequent court appearances to monitor the participant and mete out sanctions. A patient, measured, and consistent, yet flexible approach to the different kinds of program failure will move the offender steadily toward sobriety.

The following sanctions may be placed on a participant in the event of a rule violation. This full range of sanctions is a continuum from least punitive to most punitive.

1. Make up required appointments, meetings or assignments.

2. Completion of additional assignments.

3. Perform uncompensated community service.

4. Increase drug/alcohol testing.

5. Increase Drug Court appearances.

6. Put back or start over in the Drug Court program.

7. Placement to an inpatient treatment facility.

8. Incarceration.

The following incentives are in place by the Drug Court to give the participant a push to complete the requirements of the Drug Court Program.

1. Charges reduced/dismissed

2. Fines/cost reduced/dismissed

3. A certificate, plaque and shirt at graduation.

4. A certificate at the completion of each phase

5. A reception/party at the completion of each phase and at graduation

6. Praise from the Drug Court Judge and Team for accomplishments

The Drug Court approach involves a Drug Court Judge, a Prosecutor, a member of the Poarch Creek Indian Police Department, Probation Officer, Treatment Providers, Court Personnel and a Tribal member. In the Drug Court, the above named shall participate as the treatment staff and will have dialog with the participant concerning his or her substance abuse issues as well as their participation in the program requirements. The Tribal Court Judge will supervise the Drug Court. The following rules and regulations for courtroom conduct must be followed in all Drug Court hearings.

2. Do not speak when the Court is speaking.

5. No participant shall sit on counsel table in the courtroom.

10. All weapons are banned from the courtroom.

POARCH CREEK INDIAN DRUG COURT

TRADITIONAL TRIBAL COURT CHARACTERISTICS

VERSUS

TRIBAL DRUG COURT CHARACTERISTICS

This cause is before the Court upon an agreement entered into by the defendant to the charge(s) of ______________________ and pursuant to said agreement, is hereby;

4. The defendant's case is placed on the administrative docket pending completion of the Drug Court Program or further orders of the Court.

6. The Court reserves jurisdiction over this matter throughout the participant's participation in the Drug Court Program regarding disposition of the criminal charges and related subjects.

Done and ordered on the Poarch Creek Indian Reservation this the __________ day of ________________, _________.

______________________

EARNEST R. WHITE

TRIBAL COURT JUDGE

This cause is before the Court upon an agreement entered into by the defendant to the charge(s) of ______________________ and pursuant to said agreement, is hereby;

5. All terms and conditions of any sentencing order shall remain in full force and effect throughout defendant's participation in the Drug Court Program.

Pursuant to any plea agreement, the court reserves jurisdiction throughout the defendant’s participation in the Drug Court Program for any modification or amendment to the sentence imposed, as agreed to in said plea agreement.

Done and ordered on the Poarch Creek Indian Reservation this the __________ day of ________________, _________.

______________________

EARNEST R. WHITE

TRIBAL COURT JUDGE

This cause is before the Court upon referral from ______________________ and pursuant to said referral, is hereby;

Pursuant to said referral, the Poarch Creek Indians Tribal Drug Court reserves jurisdiction throughout the defendant’s participation in the Tribal Drug Court Program, the participate will be referred back to ____________________ upon successfully completing said program, or if participate is unsuccessfully terminated from said program for appropriate disposition of said charges pending in _____________________________.

Done and ordered on the Poarch Creek Indian Reservation this the __________ day of ________________, _________.

______________________

EARNEST R. WHITE

TRIBAL COURT JUDGE

This cause coming before the Court on defendant’s placement into the Poarch Creek Indians Drug Court and same being reviewed by the prosecutor and the prosecutor informing the court that the defendant is eligible for admission into the Drug Court and the Court further interviewing the defendant and explaining to the defendant the benefits and consequences of success or failure in the Drug Court Program and the Court considering the defendant’s request in finding that said request is well taken and should be granted, it is hereby;

ORDERED, ADJUDGED AND DECREED that the above matter is hereby placed on the administrative docket pending the defendant’s participation in the Drug Court. It is further ordered that no action shall be taken in this matter while the defendant is participating in the Drug Court. It is further ordered that the defendant be remanded to the Drug Court Program for further action.

Done on the Poarch Creek Indian Reservation this the ____ day of __________, ___________.

______________________

EARNEST R. WHITE

TRIBAL COURT JUDGE

This cause coming before the Court on referral from __________________ requesting that the defendant ___________________ be placed into the Poarch Creek Indians Tribal Drug Court and the defendant appearing in court and the matter being reviewed by the prosecutor and the prosecutor informing the court that the defendant is eligible for admission into the Tribal Drug Court and the Court further interviewing the defendant and explaining to the defendant the benefits and consequences of success or failure in the Tribal Drug Court Program and the Court considering the _____________________ request, it is the finding that said request is well taken and should be granted, it is hereby;

ORDERED, ADJUDGED AND DECREED that the above defendant is hereby placed in the Poarch Creek Indians Tribal Drug Court Program. It is further ordered that should the defendant fail to complete any part of said program as outlined by the Tribal Drug Court and Treatment Provider for said program the defendant will be terminated from said program and referred back to the __________________________ for imposing of sentence or other disposition.

Done on the Poarch Creek Indian Reservation this the _______ day of __________, ___________.

________________________

EARNEST R. WHITE

TRIBAL COURT JUDGE

Name:___________________ _________________ ________________

Last Name First Name Middle

Address:_____________________ _____________ ______ __________

Street City State Zip Code

Phone Number: ( )____________________

Social Security Number:_____-____-______ Date of Birth:______________

Driver’s License Number:_______________ State of License_____________

Employer:_______________________________________________________

Employer Address:_______________________ Phone Number:( )________

How long at current employment?____________________________________

Prior Felonies: Charge Court Date

1)___________________________________________________________

2)__________________________________________________________

3)_________________________________________________________

Prior Misdemeanors: Charges Court Date

1)_________________________________________________________

2)_________________________________________________________ 3)_________________________________________________________

Prior Violations/

Traffic Offenses: Charges Court Date

1)_________________________________________________________

2)__________________________________________________________

3)__________________________________________________________

If alcohol or drugs involved, describe: _______________________________

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

The Poarch Creek Indians

Versus

_________________________ Case Number:_____________

Participant

I ____________________________ agree to the following as conditions of my participation in the Poarch Creek Indian Drug Court.

13. I understand that, if applicable, all terms and conditions of any sentencing order, pre-trial diversion agreement or other agreements or orders of the Court shall remain in full force and effect throughout my participation in the Drug Court Program.

14. I shall comply with all terms and conditions of my sentencing order or pre- trial diversion agreement, (i.e. pay fines, pay court costs, etc.). I shall comply with all terms of probation provided by my Probation Officer and all directives of the Drug Court.

15. I understand that my Probation Officer may issue or modify any existing terms of probation as he/she deems appropriate.

16. I hereby consent to the garnishment of my wages, along with any administrative costs, in the event that I do not pay any court ordered monies within the time proscribed by the Court, or at the rate or frequency as ordered by the Court.

17. I hereby understand that program requirements of the Poarch Creek Indian Drug Court may be modified during my participation in the program and that I will be subject to any such changes.

___________________________ Date:_______________

Participant

___________________________ Date:_______________

Witness

Name:_________________________________ Date:_________

Directions: If a statement says something true about you, put a check ( ) in the space under YES. If a statement says something not true about you put a ( ) in the space under NO. Please answer all the questions.

1. Do you feel you are a normal drinker? _____ _____

2. Have you ever awakened the morning after

some drinking the night before and found

that you could not remember a part of the

evening? _____ _____

3. Does your wife/husband (or parents) ever

worry or complain about your drinking? _____ _____

4. Can you stop drinking without a struggle

after one or two drinks? _____ _____

5. Do you ever feel bad about your drinking? _____ _____

6. Do your friends or relatives think you are

a normal drinker? _____ _____

7. Do you ever try to limit your drinking to

certain times of the day or to certain places? _____ _____

8. Are you able to stop drinking when you

want to? _____ _____

9. Have you ever attended a meeting of

Alcoholics Anonymous? _____ _____

YES NO

10. Have you ever gotten to fights when

drinking? _____ _____

11. Has drinking ever created problems with

you and your wife/husband? _____ _____

12. Has you wife/husband (or other family

members) ever gone to anyone for help

about your drinking? _____ _____

13. Have you ever lost friends (girlfriends/

boyfriends) because of your drinking? _____ _____

14. Have you ever gotten into trouble at work

because of your drinking? _____ _____

15. Have you ever lost a job because of your

drinking? _____ _____

16. Have you ever neglected your obligation,

your family or your work for more than two

days in a row because you were drinking? _____ _____

17. Do you ever drink before noon? _____ _____

18. Have you ever been told you have liver

trouble? _____ _____

19. Have you ever had delirium tremens (Dts,

severe shaking, heard voices or seen things

that weren’t there after heavy drinking? _____ _____

20. Have you ever gone to anyone for help

about your drinking? _____ _____

21. Have you ever been in a hospital because

of your drinking? _____ _____

22. Have you ever been a patient in a psychia-

tric hospital or a psychiatric ward of a

general hospital where drinking was part

of the problem? _____ _____

23. Have you ever been seen at a psychiatric or

mental health clinic, or gone to a doctor,

social worker, or clergyman for help with

an emotional problem in which drinking

played a part? _____ _____

24. Have you ever been arrested, even for a few

hours, because of drunk behavior? _____ _____

25. Have you ever been arrested for drunk driving

or driving after drinking? _____ _____

Please circle the appropriate response to the following items about drug use.

1. Do you feel you are a drug abuser? Yes No

2. Do any of your friends/loved ones ever worry

or complain about your using drugs? Yes No

when others around you are using? Yes No

4. Can you stop using without a struggle once you

have already begun to use? Yes No

5. On a morning after using drugs, have you ever

been able to recall part of a previous night? Yes No

6. Do you feel guilt about your drug usage? Yes No

7. Do your relatives or friends think you are

a drug abuser? Yes No

8. Have you ever attended a meeting of AA/NA? Yes No

9. Do you ever try to limit your using to certain

times of the day or to certain places/occasions? Yes No

10. Can you always stop using when you want to? Yes No

11. Has using drugs ever created problems with you

and your wife/husband? Yes No

12. Have you lost a friend, friends, girlfriend, boyfriend

or spouse due to your using drugs? Yes No

13. Has your husband/wife (or other friend or family

member) ever sought help about your drug abuse? Yes No

14. Have you ever lost a job for reasons related to

your drug use? Yes No

15. Have you been late for work/school because of

using drugs? Yes No

16. Have you been in trouble at work because of

anything related to your using drugs (late for

work, using on the job, absent from work, etc...)? Yes No

17. Have you been absent from work or school due

to your using drugs? Yes No

18. Have you neglected your responsibilities, your

family, or your work/school for two or more

days in a row because you were using drugs? Yes No

19. Have you ever gotten into fights while using? Yes No

20. Do you ever use before noon? Yes No

21. Have you experienced memory problems since

you have been using drugs (trouble paying

attention or remembering things)? Yes No

22. Have you ever heard voices or seen things that

were not there while using drugs? Yes No

23. Have you ever had DT’s flashbacks, or bad dreams

as a result of using drugs? Yes No

24. Have you ever sought help in overcoming your

drug use? Yes No

25. Have you ever been arrested for anything related

to drug usage (possession, dealing, DUI, etc...)? Yes No

26. Have you ever gone through a drug rehab or treat-

ment program? If so, how many?_____________ Yes No

27. Have you ever been hospitalized for anything

related to your using drugs? Yes No

28. Have you ever been a patient in a psychiatric

hospital or ward of a general hospital where

drug abuse was part of the problem? Yes No

29. Were you ever arrested for driving under the

influence of drugs? Yes No

30. Please list the drugs you have used/abused:

31. Please list the treatment programs you have taken part in,

including dates and length of time there. Also not if you

completed the program or not.

PLAINTIFF/TRIBE__________________ VS. DEFENDANT______________

A. Do you have a job or work for yourself? ____ Yes ____No

Employer’s name and address_____________________

_____________________________________________

How much money do you take home each week? $________________

B. If unemployed, give month and year of last

employment and amount earned per month

_____________________________________________ $________________

C. Does you husband or wife have a job? ____Yes ____No

Employer’s name and address_____________________

_____________________________________________

How much money does he/she take home each week? $________________

D. Do you receive money or benefits from any other source? ____Yes ____No

(Example: retirement pay, social security, workman’s

compensation, unemployment compensation, food stamps,

rent payments, interest, dividends, etc.)

How much do you receive each month? $_________________

A. Do you have any money in any bank, savings and loan,

credit union, or any other place, including cash on hand? ____Yes ____No

Where?_______________________ How much? $_________________

B. Do you own anything else of value (Land, house, boat,

television, stereo, jewelry, car, truck, van, stocks, etc...)? ____Yes ____No

What?__________________________Total Value $_________________

A. Are your _____Single _____Married _____Widowed _____Divorced _____Separated?

B. Do you have any dependents? ____Yes ____No

Who and what relationship_______________________________________

_____________________________________________________________

_____________________________________________________________

What does it cost you to live each month? $_______________

Creditors Debt Monthly Payment

In support of this request, I have answered the above questions relating to my ability to pay. I swear or affirm that these answers are true and reflect my present financial status. I understand that a false statement or answer to any questions in this affidavit will subject me to penalties for perjury.

Sworn to and subscribed before me this ________ day of _______________, _________.

_____________________________

Affiant Signature

_____________________________

Judge/Notary

POARCH CREEK INDIANS DRUG COURT

PHASE I CONTRACT

NAME_____________________ CASE#_____________

In addition to the "General Terms of Probation," you will also be required to:

3. Attend (3) treatment sessions per week.

5. Attend (4) status hearings per month.

7. Shall be under curfew from 10:00 PM- until 5:00 AM.

8. Other_______________________________________________________________________

________________________________________________________________________________

In addition to the "General Terms of Probation," you will also be required to:

3. Attend (2) treatment sessions per week.

5. Attend (3) status hearings per month.

________________________________________________________________________________

In addition to the "General Terms of Probation," you will also be required to:

3. Attend (1) treatment sessions per week.

5. Attend (2) status hearings per month.

6. Work on obtain GED/Job is applicable

7. Other_______________________________________________________________________

______________________________________________________________________________

In addition to the "General Terms of Probation," you will also be required to:

3. Attend (1) treatment sessions per week.

5. Attend (1) status hearing per month.

6. Other_______________________________________________________________________

______________________________________________________________________________

I understand and agree to abide by the General Terms of Probation and the specific conditions of the Poarch Creek Indians Drug Court Program. I understand any violations of these conditions may result in being returned to court for sentencing. I undertsnad that the terms of my probation and/or conditions of the Drug Court program may be modified at any time and be applicable to me.

__________________________ ____________________________

Defendant Probation Officer

__________________________ _____________________________

Date Case Number

Participant’s name_____________________________________ Date_____________________

This is to inform you that you have two (2) days from the above date to inform Drug Court of your valid phone number and address. If you fail to do so we will do an action form to the Judge.

_______________________________

Probation Officer

1) Report for status hearings as outlined in phase contract.

1) Discuss any issues regarding your pending charges.

1) Regarding status hearings

2) Turn in AA/NA attendance slips no later than 7:30 AM date of status hearing.

3) Pay all fees and/or monies due.

4) Community Service activity.

5) Report any problems with the program.

1) Report for drug/alcohol testing as instructed by probation officer.

2) Update address information.

3) Update employment information, name, address, phone number and contact person.

4) Obtain permission before leaving Escambia, Monroe or Baldwin Counties Alabama.

5) Report to probation officer as instructed in phase contract.

6) Be available for random drug/alcohol testing.

1) Report for group sessions.

2) Report for individual sessions.

3) Set up meetings to review materials and/or watch videos relating to recovery.

4) Report to Human Services as instructed by Human Services Manage.

5) Complete a treatment plan, outlining goals and objectives.

Participant Date Drug Court Coordinator

1) Initial drug test will be administer by the Probation Officer or designee.

A) If test is positive it will be sent to the lab for a confirmation and breakdown.

2) Weekly drug/alcohol testing will be done by Probation Officer or Designee

3) Drug Court Participants will report in person or contact by phone the Public Safety

Department as instructed by the Probation Officer or Designee.

_____________________________ _____________________________

Participant Probation Officer

Date:________________

I,___________________________________, Disagree with the positive results of my drug/alcohol test administered this the _____________ day of _____________________, ___________. I deny the use of any drugs/alcohol and request that a 2nd test be performed.

________ I disagree with the positive results of the 2nd test and request that the sample be sent to the lab for confirmation and breakdown.

I,___________________________________, Agree with the positive results of my drug/alcohol test administered this the ___________ day of _____________________, ___________. I admit to the use of _________________________________________________________________________.

__________________________ ______________________

Participant Witness

I realize that I have failed to meet my obligations to Drug Court and that I should have been sentenced long ago.

I agree that if I fail to do even one single tiny little thing required of me that I will be sent to the Escambia County Alabama Detention Center as soon as it is convenient for the Court.

I understand that at the very minimum the following things are required of me while I remain in Drug Court:

- I will attend every NA/AA meeting, treatment meeting, court hearing or proceeding, individual meetings or other meetings required of me ON TIME.

- I will attend every session of Punitive Community Services from this moment until I graduate or I am put in jail.

- I will never again ask to be excused from anything AT ALL FOR ANY REASON AT ALL.

- If I ask for any favors or excuses I should be and expect to be sentenced immediately.

- I will pay my Drug Court fees every week ON TIME.

- I will give a UA every day if necessary.

- I will test clean every time I am tested

- I will not commit, or be arrested, for any criminal offense AT ALL, NO QUESTIONS ASKED.

- I will stay completely away from people who do, or may, use drugs and from places where drugs may be used or may be present.

- I will do everything required of me by Drug Court.

- It is my job to know everything required of me by Drug Court at all times.

I will not whine or make any excuse for my next small failure because I know that I already deserve to be sentenced.

I will not ask for another chance because I do not deserve even this chance.

__________________________________ ___________________

Drug Court Participate Date

NAME OF PARTICIPANT__________________________________________________________

CASE NUMBER______________________DRUG COURT JUDGE_________________________

COMMUNITY SERVICES REQUIREMENT (NUMBER OF HOURS)______________________

I understand that, as a participant in the Poarch Creek Indians Drug Court Program, I am required to pay fifty dollars ($50.00) dollars a month until I have completed the program(minimum 12 months).

The Drug Court Judge has ordered me to serve (number of hours)__________ at the rate of $_______ per _________________ of Community Services in order to satisfy partial payment of my fees.

THE TOTAL DOLLAR VALUE OF THE COMMUNITY SERVICES IS $___________________

I further understand that if I wish, in the future, to pay the outstanding balance of the debt rather that perform Community Services that I may petition the Drug Court Judge to grant this request.

The scheduling of the Community Services requirement remains with the Probation Officer.

Signed:

Date___________________

Drug Court Judge_________________________

Participant_______________________________

Drug Court Project Manager____________________

PHASE I - EVERY FRIDAY

PHASE II - EVERY 1ST, 2ND AND 4TH FRIDAY

PHASE III - EVERY 2ND AND 4TH FRIDAY

PHASE IV - EVERY 2ND FRIDAY

These status hearing days will be in effect unless instructed by the Drug Court Judge to appear at a status hearing on a different day.

Drug Court Status Hearings might be canceled or changed due to conflict in Drug Court Judge’s schedule or agency holidays. Participants will be notified in advance of a change in status hearing day, unless the change is made due to an emergency.

Made by appointment only.

You must verify your job in order to stay in night treatment. You can bring an up to date check stub or have an employment verification form filled out. Your counselor or the secretary can give you a form. Also made by appointment only.

Your significant other will receive a letter inviting them to our Family Group. You are welcome to attend.

Phase I consists of (7) meetings per week, (4) NA/AA meetings and (3) treatment sessions(group/individual/MRT or other treatment method). Sponsor needs to be obtained during the first week’s attendance. You are to give (3) mandatory urine/alcohol test per week, and submit to any random urine/alcohol test requested by probation officer/treatment provider. You are to attend (4) status hearings per month, or as directed by Drug Court Judge. You are to report in person to your probation officer at least twice per week, or as directed by your probation officer.

Phase II consists of (5) meetings per week, (3) NA/AA meetings and (2) treatment sessions (group/individual/MRT or other treatment method). You are to give (2) mandatory urine/alcohol test per week, and submit to any random urine/alcohol test requested by probation officer/treatment provider. You are to attend (3) status hearings per month, or as directed by Drug Court Judge. You are to report in person to your probation officer at least once per week, or as directed by your probation officer.

Phase III consists of (4) meetings per week, (3) NA/AA meetings and (1) treatment sessions (group/individual/MRT or other treatment method). You are to give (1) mandatory urine/alcohol test per week, and submit to any random urine/alcohol test requested by probation officer/treatment provider. You are to attend (2) status hearings per month, or as directed by Drug Court Judge. You are to report in person to your probation officer at least twice per month, or as directed by your probation officer.

Phase IV is the Continuing Care phase of the program, which lasts for a mandatory (3) months. It consists of (3) meetings per week, (2) NA/AA meetings and (1) treatment sessions (group/individual/MRT or other treatment method). Submit to random urine/alcohol test requested by probation officer/treatment provider. You are to attend (1) status hearings per month, or as directed by Drug Court Judge. You are to report in person to your probation officer at least once per month, or as directed by your probation officer. You may remain in Continuing Care for as long as you request.

URINE SCREENS - Urine/alcohol test are given on a random basis. Be prepared to give at anytime. You may be called at home or on the job to give a urine/alcohol test. If you are to give a urine/alcohol test and you leave without doing so, you will be considered dirty.

LACK OF TRANSPORTATION - IS NOT AN EXCUSE FOR BEING ABSENT FROM TREATMENT, NA/AA MEETINGS, STATUS HEARINGS, PROBATION APPOINTMENTS, OR URINE/ALCOHOL TESTING.

DAY AND NIGHT TREATMENT - Night treatment is reserved for those participants who have a full time job. We need verification from your employer that you are indeed employed. Job Corp or occasional construction ARE NOT CONSIDERED VALID.

SIGN IN SHEET - Each day that you attend treatment you are to sign the attendance record. It is not our responsibility to see that you sign this roll. If you do not sign the roll, YOU WILL BE COUNTED ABSENT.

STATUS HEARINGS - Phase I participants will attend status hearings every Friday, Phase II participants will attend status hearings the 1st, 2nd and 4th Friday of each month, Phase III participants will attend status hearings the 2nd and 4th Friday of each month, and Phase IV participants will attend status hearings on the 2nd Friday of each month. You will appear before the Drug Court Judge at the status hearing, at which time he will have a status report in hand, that list how many NA/AA meetings and treatment sessions you have attend for that period, also how many times you were test for drug and alcohol, and if there were any positive test.

CONSEQUENCES - If you miss a treatment session (unexcused) or show a positive UA you will be subject to a sanction. The appropriate sanction will be decided by the Drug Court Team. We want you to be aware that one absence or dirty UA will result in consequences.

*If an emergency arises and you need to miss a day/night you must call and talk with a counselor, not the case manager. Just because you call and leave a message does not mean that you are excused.

PRESCRIPTIONS - If you are ill and a doctor prescribes medication for you, you are to bring a copy of the prescription to your treatment provider and Probation Officer. You must also sign a release to your doctor(s) so that your counselor and Probation Officer can discuss your case. Failure to do so will result in consequences.

PHONE NUMBERS AND ADDRESSES - You are to supply Drug Court with a correct phone number and address at all times, this information should be given to court personnel, treatment provider and probation officer. If we are unable to contact you, we will send an action form to the Judge and you may possibly be considered AWOL.

No beepers, phones, shorts, purses, bags, cigarettes, lighters, or matches, allowed in the building. DO NOT COME TO TREATMENT WITH THESE ITEMS.

PLEASE ASK YOUR RIDES TO WAIT OUTSIDE.

Your Counselor’s Name____________________________________________________________.

Your Counselor’s Phone #__________________________________________________________.

Drug Court Phone# (334) 368-9136 EXT. 2652 or 2653 .

__________________________________________

Patient’s Name

__________________________________________

Patient’s Signature

Name:___________________________________________________________________________

Current case numbers and charges:_____________________________________________________

_______________________________________________________________________________________________________________________________________________________________

The above named individual: ____ wishes to be considered

____ is hereby referred

as a possible candidate for the Poarch Creek Indians Drug Court Program.

__________________________________________________

Party

__________________________________________________

Referring Agency/Official

The above indicated individual has come before the Tribal Prosecutor for consideration as a participant into the Drug Court Program and the following factors have been considered:

____ Drug Court Information Sheet ____ Current charges/case type

____ Prior criminal history? ____ Violent offender?

____ Prior drug court participation ____ Alcohol Questionnaire

____ Drug Questionnaire ____ Other:_____________________

Upon due consideration, the above named individual is:

____ not recommended for participation

____ is recommended for participation ( ___ pre-trial ___ post trial)

Date:____________ _____________________________________ Tribal Prosecutor

POARCH CREEK INDIANS

POARCH CREEK INDIANS