Tribe: Fort McDowell Yavapai Nation
Rule 84. – Wellness Court eligible cases.
(a)Referral. In any case wherein the facts of the case and the defendant meet the legal criteria for Wellness Court participation as outlined in the Wellness Court Program, the Nation may refer such case and defendant to the Wellness Court Committee for consideration in accordance with Wellness Court Polices and Procedures.(b)Information to Defendant. In any case referred to the Wellness Court Committee for consideration, the Court will provide information to the defendant about the Wellness Court and refer the defendant to the Wellness Court Coordinator and/or Wellness Court Case Manager to answer questions, and if appropriate, to execute a limited consent from so that the Wellness Court Committee may consider the defendant’s admission to the program. […] Rule 85. – Offer for Wellness Court is made/declined.
If the Wellness Court Committee accepts a defendant into the Wellness Court Program and the defendant declines participation or fails to accept participation within ten (10) business days of program acceptance, the Nation has sole discretion to offer Wellness Court as a diversion program at any point prior to trial. […] Rule 86. – Tolling of time; speedy trial.
When Wellness Court participation is offered for the benefit of a defendant prior to trial, time is tolled for purposes of speedy trial calculations so long as the offer for Wellness Court participation is made in good faith and is not for purposes of delay. […] Rule 87. – Entry of guilty plea; deferred acceptance of plea.
In any case wherein Wellness Court is offered, the defendant will be required to enter a plea of guilty to the charges. The Court will make a determination whether the plea was entered knowingly, intelligently and voluntarily and, if possible find a factual basis. However, the Court will defer acceptance and entry of the guilty plea onto the record and order the defendant to the Wellness Court program(s) for successful completion. The Court shall advise the defendant that if he or she fails to successfully complete the Wellness Court program, the Court will, upon notification and at hearing, formally accept the guilty plea and set the matter for sentencing. In addition, the Court will also advise the defendant that if he or she fails to successfully complete the Wellness Court program, the Court could impose contempt charges and penalties in addition to the underlying charge and penalty for failure to obey a lawful order of the Court.