Tribe: Poarch Band of Creek Indians
Sec. 3-3-1 – Establishment of Wellness Court
The Poarch Band of Creek Indians Healing to Wellness Court shall be a deferred sentencing program established to divert those nonviolent offenders with substance abuse problems away from the regular Court system and toward a more holistic approach, which involves a treatment-oriented perspective. […] Sec. 3-3-5 – Participation in Wellness Court
(a)A defendant in Tribal Court is eligible to participate in the Wellness Court if: ( 1) The defendant is a Tribal Member or a child of a Tribal Member;(2)The defendant is not a juvenile ;(3)The defendant has a substance abuse problem;(4)The defendant is charged with crime or civil offense motivated by substance abuse;(5)The Tribal Prosecutor recommends to the Tribal Court that the defendant be referred to Wellness Court;(6)The defendant is charged with a nonviolent offense; provided, however that the Tribal Court Judge may waive this requirement, if the Tribal Prosecutor believes that the defendant will likely respond to rehabilitative treatment despite the violent nature of the offense;(7)The defendant does not have a history of violent acts; provided, however that the Tribal Court Judge may waive this requirement, if the Tribal Prosecutor believes that the defendant will likely respond to rehabilitative treatment despite the defendant’s violent past;(8)The defendant has not participated more than twice in Wellness Court;(9)The defendant’s participation in the program has never been revoked; and(10)The defendant voluntarily and knowingly enters a plea of guilty to a criminal offense or admits liability in the civil offense.(b)Tribal Members and children of Tribal Members, who are at least eighteen years of age or older, may also participate in Wellness Court if he or she is referred to Wellness Court from a state Court or social service agency, including the Poarch Band of Creek Indians Family Services Department. […] Sec. 3-3-6 – Conditions of Wellness Court
(a)In any case in which a defendant is admitted into Wellness Court, there shall be a written agreement between the defendant and the Wellness Court Team. The agreement shall include, but not be limited to, the terms of Wellness Court.(b)The conditions of Wellness Court may include, but are not limited to, one or more of the following:(1)Participate in an education setting, including but not limited to, secondary education, postsecondary education, job training school, trade school, GED classes, or adult basic education courses;(2)Financially support his or her spouse, children, or both, or pay child support, spousal support, or both, including allowing such support to be withheld or garnished from the wages or salary of the defendant;(3)Refrain from the use of alcohol and drugs and from frequenting places where alcoholic beverages or illegal controlled substances are sold, possessed, or used;(4)Refrain from contact with certain persons or premises;(5)Obtain and maintain employment;(6)Attend individual, group, or family counseling;(7)Pay court costs, fees, fines, or both, incurred as a result of the offense charged, including allowing such costs to be withheld or garnished from the wages or salary of the defendant;(8)Pay costs associated with participation in Wellness Court, including allowing such costs to be withheld or garnished from the wages or salary of the defendant;(9)Observe curfews or home detention or travel constraints as set out in the offender’s agreement; and/or(10)Observe any other terms or conditions of the Wellness Court Judge or Wellness Court Team, provided that such terms or conditions do not violate or abridge any fundamental or substantive right of any party.