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1. Reentry Provisions in the Tribal Law and Order Act of 2010 & Interagency Agreements May 24, 2011 Present picture

2. Now Recording… We will be recording this training today so that others can access it on CCDO website. You can find all recorded sessions at: www.ojp.usdoj.gov/ccdo/programs/flyer-webinar.pdf

3. Presenters • Kenneth J. Gonzales, U.S. Attorney, District of New Mexico, U.S. Department of Justice • Wade Warren, Chief Probation Officer District of North Dakota, U.S. Probation & Parole • Bernie Teba, Native American Liaison New Mexico Department of Children, Youth & Families • Mark Dyea, Probation Manager, Pueblo of Laguna • KoreyWahwassuck, Associate Judge, Leech Lake Band of Ojibwe Tribal Court • Ada Melton, President, American Indian Development Associates (facilitator)

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7. Re-Entry Provisions in the Tribal Law and Order Act of 2010 (TLOA) Implications for Re-Entry in Indian Country Wade H. Warren Chief U.S. Probation Officer District of North Dakota wade_warren@ndp.uscourts.gov

8. TLOA Overview • Clarify the responsibilities of Federal, State, Tribal and local governments with respect to crimes committed in Indian Country • Through increased coordination and communication • Reduce the prevalence of violent crime in Indian Country • Combat sexual and domestic violence against American Indian and Alaskan Native Women • Prevent drug trafficking and reduce rates of alcohol and drug addiction in Indian Country • Increase and standardize collection of criminal data and information sharing among Federal, State and Tribal officials

9. TLOA and Re-Entry • Sections 234 (a)-(b), Sentencing Authority • Amends the Indian Civil Rights Act (25 U.S.C. 1302). Tribal courts that exercise felony jurisdiction must provide bar-licensed indigent defense counsel and judge and tribal criminal laws must be publicly available. • Implication: • Offender Reentry preparations would be either for • Current Authority: Up to one year • Enhanced Authority: Three to nine years

10. TLOA and Re-Entry • Barriers and gaps to re-entry • Alternatives to incarceration • Improvements to tribal justice systems • Enhanced cross-jurisdictional coordination • Sections 211 & 244 • Long-Term Plan for Tribal Detention Programs • Proposed activities for: “construction, operation, and maintenance of juvenile…and adult detention facilities in Indian Country” • Federal detention facilities in Indian Country and “any other alternatives … [determined] to be necessary” • Implication • Alternatives to Detention • Construction of Correctional Facilities • Offender Re-Entry

11. TLOA and Re-Entry: Interagency Coordination Section 261. BOP Prisoner Release and Reentry • Amends U.S.C. Title 18 to require advance notice to a tribal jurisdiction of the impending release into its community of offenders convicted of drug trafficking, crimes of violence, or sex offenses for which the offender must register upon release under SORNA • For sex offenders who will reside in tribal jurisdictions, advance notice must also go to the tribal agency responsible for sex offender registration in the jurisdiction where the offender will reside • Who provides the notice? • Prior to release—BOP • Post-release—Responsible probation officer (or as specified by Administrative Office, U.S. Courts)

12. TLOA and Re-Entry Section 245. Assistant Probation Officers • Appoint individuals residing in Indian Country to serve as probation officers or assistants for purposes of monitoring and providing services to Federal Prisoners residing in Indian Country • Provide substance abuse, mental health, and other related treatment services to offenders residing on Indian Land

13. Interagency Agreements CYFD JJS IGA Project History and Process Bernie Teba, Native American Liaison NM Children, Youth & Families Department Bernie.Teba@state.nm.us

14. NMCC Native American Statutes • CYFD is required to comply with the ICWA of 1978 • CYFD is required to provide culturally appropriate services when an Indian child is in State custody, State jurisdiction or removed from the home for behavioral health services • CYFD is required to provide written Tribal notification when an Indian child is involved in the JJS system

15. 1999 Amendment to the NMCC §32A-1-8 (E)NMSA • A tribal court order pertaining to an Indian child that accesses state resources shall be recognized and enforced pursuant to the provisions of intergovernmental agreements entered into by the Indian child’s tribe and the department or another state agency • An Indian child residing on or off a reservation, as a citizen of this state, shall have the same right to services that are available to other children of the state pursuant to intergovernmental agreements • The tribal court, as the court of original jurisdiction, shall retain jurisdiction and authority over the Indian child

16. Amendment to the NMCC “Equal access to services and same treatment for Indian children” • This new law enables Indian Nations to engage in negotiations with the State to develop intergovernmental agreements • These intergovernmental agreements will be the mechanism that guides how State services and resources are accessed through the process of recognizing tribal court judgments

17. Amendment to the NMCC Goal: Institutionalize Policy in the Department • Development & negotiation of intergovernmental agreements • IGA implementation by the development of Policies & Procedures • Construction of effective data collection methods & standards

18. Mescalero Children’s Code Revision Authority Does the Court have the authority to: • Enter into an Intergovernmental Agreements • Share Information • Place children in off-reservation placements

19. Mescalero Children’s Code Revision Navigability Is the Code organized and does it provide direction for: • Jurisdiction Is the jurisdictional and establishment of tribal court authority clauses easily accessible? • Court Process Are court procedures spelled out in an orderly fashion?

20. Mescalero Children’s Code Revision Due Process Protections Is due process protected through: • Notice Do people have adequate notice? • Hearing Do people have an opportunity to be heard? • Appeals Do people have he right to appeal the court decision to a higher authority?

21. Mescalero Code Revision • Combination of original Mescalero Children’s Code, Tribal Attorney’s draft and AIDA contribution • Extensive Tribal Council review • Provided opportunity to raise issues and concerns and insure that the Mescalero Children Code addresses those concerns • Involved wide array of community leadership and service providers

22. Joint MAT – CYFD Signing Ceremony January 7, 2008 joint signing ceremony was the culmination of work that began 7 years prior with the July 1, 1999 amendments to section 32A-1-8 (E) of the New Mexico Children’s Code

23. Mescalero IGA Project History Summary CYFD will recognize Tribal Court orders / commitments MA Tribal Court can access all CYFD services. CYFD will report to MA Tribal Court on “Care, custody and supervision” MAT retains jurisdiction as the Court of Original Jurisdiction Model Tribal template on the process, codes, IGA, operational policies & procedures

24. Interagency Agreement “Justice that Heals” KoreyWahwassuck, Associate Judge Leech Lake Band of Ojibwe Tribal Court’s Collaborative Justice Programs koreyw@paulbunyan.net

25. Joint Powers Agreements signed in 2007 and 2008 with state district courts Tribal Court and State Courts agreed to work jointly on common goals of: 1. Improving access to justice 2. Administering justice for effective results 3. Fostering public trust, accountability, and impartiality

26. Memorandum of Agreement for Wellness Court and Juvenile Restorative Justice Program (2010) Leech Lake Tribal Court Cass County District Court Leech Lake Tribal Council Cass County Board of Commissioners Cass County Health, Human & Veterans Services Ninth Judicial District Agreement to share resources and personnel, participate in assessments/share data, collaborate grants/funding to maintain and enhance programs

27. Other Agreements • Contract with State for Leech Lake Police services for Wellness Court • Contract with 9th Judicial District for Guardian ad litem services • Incarcerated parents can appear by ITV in Tribal Court for child protection hearings • Leech Lake Regional Justice and Public Safety Center (Department of Justice grant for feasibility study) • Multi-Jurisdictional Juvenile Delinquency Court (Up to 4 counties and Leech Lake Band) • Minnesota Judicial Branch Strategic Plan now includes collaboration with Tribal Courts

28. Leech Lake – Ninth Judicial DistrictAdult Wellness (DWI/Drug) Courts • Created to address epidemic of alcohol-related crashes, deaths and effects of drug use • First joint jurisdiction courts in the nation • Clients include Tribal Members and Non-Indians • Judges take the bench together to preside over hearings • Multi-jurisdictional, multi-agency participation • First court operated on handshake for over a year

29. Diversion Program • Open to Tribal Members and Non-Indians living on Leech Lake Reservation • Cass County Probation provides supervision under cross-appointment order • Leech Lake members make up Diversion Board • Leech Lake Grant used to hire advocate/case manager to work with probation

30. Post-Petition/Adjudication • Cases originate in Cass County District Court or Leech Lake Tribal Court • Courts work together under Joint Powers Agreement • Leech Lake Tribal Court exercises expanded jurisdiction over PARENTS • Individualized case plans • Leech Lake Tribal Court case managers provide services • Cass County Probation provides supervision under cross-appointment order

31. Juvenile Re-Entry Demonstration Project • Cases originate in Cass County District Court or Leech Lake Tribal Court • Youth placed involuntarily in inpatient treatment or secure juvenile facility • Cass County Probation provides risk/needs assessments and notifies Leech Lake • Leech Lake Wraparound Care Coordinator/ Advocates begin working with youth/family before placement, track for 5 years

32. Benefits of Collaboration • Leverage scarce resources ($1.5 million in grants) • Make new funding sources and services available • Direct hand in healing while protecting public safety • Cultural Understanding - Eliminate “us v. them” attitude • Strengthen services to families • Increase public trust and confidence • Expand jurisdiction • Lower recidivism and stop the revolving door of the criminal and juvenile justice systems

33. Resources “The New Face of Justice: Joint Tribal-State Jurisdiction” Washburn Law Journal (Vol. 47, No. 3, Spring 2008) “Building a Legacy of Hope: Perspectives on Joint Tribal-State Jurisdiction” William Mitchell Law Review (Vol. 36 , Issue 2 2010)

34. Interagency Agreement Pueblo of Laguna Policyfor State Probation / Parole Mark A. Dyea, Probation Manager Pueblo of Laguna madyea@lagunatribe.org

35. Issue • Lack of notification of State Parolees • Created safety concerns • Inability to monitor parolees • No standards for approving parolees entering the community

36. Catalyst for Change • Community member convicted of murder off the reservation • State Parole Office conducted home visit • Family member was village official • State believed family member was represented the Pueblo • Parole was going to be granted

37. Concerns • Six independent villages – changing officials • Not all villages aware of offenders in community • Safety of community members • No community input in the parole process • Family relation to offender or victim impact on decision

38. Community Role • Create dialogue in community • Remove bias in approval or denial of parole • Develop policy that will continue across administrations • Increase safety and accountability

39. POLICY • Implementation and Standardization of Policy • Provide guidance to Officials • Balance concerns of Pueblo, Villages, victims with needs of Probationer / Parolee • Develop formal protocol for future administrations • Draft stage – Framework for agreements with Federal Probation / Parole

40. Question & Answer Session Questions?

41. Give Us Your Feedback Please Don’t Go Just Yet! At the conclusion of this web training, an evaluation will pop up in your Ready Talk window. Please take a moment to answer this short list of questions. We will continue conducting CAPACITYwise web trainings and greatly value your feedback!

42. Funding Resources • All Applications are due June 30, 2011: • Second Chance Act Adult Offender Reentry Program for Planning and Demonstration Projects • Second Chance Act Family-Based Offender Substance Abuse Treatment Program • Second Chance Act Reentry Program for Adult Offenders with Co-Occurring Substance Abuse and Mental Health Disorders • Second Chance Act State, Local, and Tribal Reentry Courts

43. Other Resources • Offender Reentry in Indian Country & Native Communities Webinar SeriesSponsored by the U.S. Department of Justice, U.S. Department of Health & Human Services; Indian Country Steering Committee of the U.S. Probation and Pretrial Services. • Tribal Probation: An Overview for Tribal Court Judges, American Probation and Parole Association • Strategies for Creating Offender Reentry Programs in Indian Country, American Indian Development Associates • Journal of Court Innovation, Special Issue on Tribal Justice, Center for Court Innovation

44. INVITATION Offender Reentry in Indian Country & Native Communities Webinar Series 3:00 p.m. – 4:00 p.m. EDT • June 21: Principles of Evidence Based Practices & Building an Evaluable Program • July 26: Information Sharing & Reentry • Aug 23: Jail Reentry • Sept 20: Sex Offender Management: Registration and Community Notification • Oct 25: Health & Social Services Role in a Multidisciplinary Approach To Reentry • Nov 15: The Role of Law Enforcement in Reentry Topics and dates subject to change. To learn more about this series and any webinar changes, please visit: www.ojp.usdoj.gov/ccdo/programs/flyerwebinar.pdf.

45. Last But Not Least… Thank you for participating in this web training! Some web trainings are recorded and available for download, please visit the flyer at: www.ojp.usdoj.gov/ccdo/programs/flyer-webinar.pdf