Tribe: Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana
Title 7. Chapter 4. Sec. 419. Sentencing of Minors: Fort Peck Tribal Wellness Court and ‘cultural diversion programs’
(a) Wellness Court.
(1) Minors convicted for the first time under
any of Sections 410-411, 412-414, 415-A, 417,
and/or 418 of this Title may, at the presiding
judge’s discretion but in preference to the adult
punishments prescribed specifically in each of
those Sections, be recommended by the judge to
participate with their parent(s) or guardian(s) in
the Fort Peck Tribal Wellness Court. For minors
who are first time offenders, participation in the
Wellness Court may be recommended, in con-
junction with and/or subsequent to:
(A) Detention in the Fort Peck Juvenile De-
tention Facility for a period to be determined by
the Court; and/or
(B) A drug/alcohol treatment program, in-
cluding commitment to a Tribal detoxification fa-
cility, where appropriate, following 11 CCOJ
204.
[…]
(b) Cultural Diversion Programs. If programs
meeting the approval of the Tribal Executive
Board and designed with the purposes of:
(1) Connecting people, and especially at-risk
youth, to the cultural values, traditions, and ways
of life of the Assiniboine and Sioux Peoples; and
(2) Building the self-esteem, physical health,
mental health, and moral integrity of the partici-
pants; then:
Such program shall be an acceptable alternative
sentence for juvenile offenders, and may, depend-
ing on the program, even be considered for adult
offenders. The program may be used by the Court
to reduce imprisonment terms, as the sole punish-
ment, or in conjunction with other treatment pro-
grams. Recidivist offenders shall not necessarily
be disqualified from being ordered to participate
in such programs. Such programs could include:
(A) Buffalo Ranch. Participants in this pro-
gram would live for a year to five years on a
ranch, in a supervised home, within the exterior
boundaries of the Fort Peck Reservation, with the
personal responsibility to raise a certain number
of buffalo to be grown and sold for meat produc-
tion.
(B) Self-sustaining farm. Participants liv-
ing in supervised household(s) on a farm that at-
tempts to grow the entirety of their food needs.
(C) Regular meetings and presentations to
a Council of Elders. Participants must meet regu-
larly, preferably with their family in attendance,
and describe to and answer questions from the
Council as to what they are doing for positive per-
sonal growth and learning, and helping others in
positive efforts.
(D) Commitment to a Tribal detoxification
center which provides therapy and medical super-
vision, particularly for where 11 CCOJ 204 ap-
plies.