Tribe: Poarch Band of Creek Indians
Sec. 3-3-8 – Revocation of Participation in Wellness Court
(a)Upon a recommendation from the Wellness Court Team that the defendant’s participation in Wellness Court should be revoked, the Tribal Prosecutor shall file a petition in Wellness Court showing probable cause that a defendant has violated the terms or conditions of Wellness Court. The Wellness Court Judge shall order a hearing on the revocation. The order must require the defendant to appear at a specified time and place for the hearing. A copy of the petition and the order setting the hearing shall be personally served by the Tribal Police or by certified mail. The Wellness Court Judge may also issue an arrest warrant directing any peace officer or probation officer to arrest the defendant and bring the defendant before the Court.(b)At the hearing, the defendant must be advised of:(l)The allegations of the petition;(2)The opportunity to appear and to present evidence on the defendant’s behalf;(3)The opportunity to question adverse witnesses; and(4)The right to be represented by a Tribal Public Defender, if the Poarch Band of Creek Indians makes such representation available, or to hire his or her own representation.(c)A hearing is required before the defendant’s participation in Wellness Court is revoked unless the defendant admits the allegations and waives the right to a hearing.(d)At the hearing, the Tribal Prosecutor shall prove, by a preponderance of the evidence, that there has been a violation of the terms and conditions of Wellness Court.(e)If the Tribal Prosecutor proves that the defendant has violated the terms and conditions of Wellness Court, the Wellness Court Judge may:(1)Continue the defendant’s Wellness Court participation without a change in terms or conditions;(2)Continue the defendant’s Wellness Court participation with modified or additional terms and conditions; or(3)Revoke the defendant’s participation in Wellness Court and transfer the matter to Tribal Court for the Tribal Judge to impose any sentence that could have been originally imposed. The Wellness Court Judge shall state the reasons for his or her determination in the order.(f)If the Wellness Court Judge finds that the Tribal Prosecutor has not proved by a preponderance of the evidence that there has been a violation of the terms and conditions of Wellness Court participation, the Wellness Court Judge:(1)Must dismiss the petition for revocation and order the immediate release of a defendant, if in custody; and(2)May modify or add terms and conditions of Wellness Court participation.(g)If a defendant’s participation in Wellness Court is revoked, the matter is transferred to Tribal Court, along with a copy of the Wellness Court Judge’s order revoking participation in Wellness Court. The Tribal Judge shall sentence the defendant and shall consider any elapsed time and either expressly allow all or part of the time as a credit against the sentence or reject all or part of the time as credit. except that credit must be allowed for time served in a detention center.