Tribe: Tulalip Tribes of Washington
Appellate decision references ‘express rehabilitative goals’ of the Tulalip Tribes’ laws and ‘rehabilitative and restorative goals of the Tulalip Tribes’ laws.’ The appellate court held that in probation revocation decisions, the Probation Court was required to take into account the rehabilitative and restorative policies of the Tulalip Tribes, just as it must consider community protection and other goals of the justice system stated in tribal law. The court noted that ignoring these rehabilitative goals, disregarding the Probation Department’s recommendation of immediate release to inpatient treatment, and relying on a ‘punitive framework’ could constitute abuse of discretion. Court stated alternatives to incarceration should be considered and that the court should examine whether revocation of probation was even necessary.
Read Full Text of TTC 3.05.010(3) and (4) - Express Rehabilitative and Restorative Goals (cited in Williams v. TTT appellate decision)