May 22, 2013 Sheraton Wild Horse Pass Resort Gila River Indian Community

1. SAMHSA’s Policy Academy on Tribal Justice and Behavioral HealthLaw Enforcement – Alternatives to Arrest May 22, 2013 Sheraton Wild Horse Pass Resort Gila River Indian Community

2. Presentation Outline I. The Criminal Justice System System Overview - Corrections, Judicial, Prosecutor . Probation II. Why Alternatives/Diversion Understand the need for Change III. Law Enforcement – Discretion Authority & Supreme Court Decision IV. Alternatives V. Multi-Disciplinary Teams Usual Practice vs. MDT Coordinated Approach VI. QUESTIONS/DISCUSION . Alternatives – Referral, Cite & Release, Drug Courts, Behavioral Health

3. I. Law Enforcement Discretion Legal Authority – Supreme Court Case Law & Department Policy Justice Scalia said, "a well-established tradition of police discretion has long coexisted with apparently mandatory arrest statutes.“ 1 1. TOWN OF CASTLE ROCK, COLORADO v. GONZALES June 27, 2005

4. I. Law Enforcement Discretion Department Policy General Order/Policy of Police Departments “An officer's discretionary decision regarding severity of enforcement action or inaction must not be influenced by malice, vengeance, or prejudice based upon status, age, race, ethnic background, religious belief, gender, or sexual preference, etc.”

5. Why Alternatives/Diversion ? Costs Effective Non-Violent Offenders Mental Health We lock up our relatives (brother, sister, uncle etc.) Mentally ill Individuals in Jail

6. Alternatives • Police Officer – Cite & Release, Status offenders Informal, Referral: to Prosecutor, Behavioral Health, Education, Juvenile Services, Diversion Programs. • Prosecutor – Drug Court, Special DUI program, • Court – Work release, Community Service, Drug Court, Weekend sentencing, Mandatory Counseling, • Corrections & Probation work hand in hand with the Court & Prosecution

7. Non Coordinated Effort – Usual Procedure Illustration-Non-Coordinated & Coordinated Effort Non Coordinated Effort - Traditional Way of Thinking Nation’sProgramsSchoolsParentsChurchPreventionPolice, Prosecutor,ProbationSuppressionBehavioralHealth,EducationYouthWorkers,Intervention Coordinated Strategy – Everyone Does all Three Strategies PREVENTION INTERVENTION SUPRESSIONPolice, Probation, CorrectionsConnect with Youth & families, teach consequences, and provide law related education Intervene in pending violence, refer youth to alternatives, remove orplace kids away from harmSubstance Abuse prevention programs, Schools, Parents, Churches Divert Youth awayFrom violence, provideafter school activities Help Law Enforcement identify and prosecute criminals, report intelligence Education, youth workers, Counselors Help Law Enforcement identifyAnd prosecute criminals, Maintain Credibility with youth PREVENTION INTERVENTION/DIVERSION SUPRESSION/DIVERSION Parents Behavioral Health Police Substance Education Prosecutor Abuse Youth Probation Prevention Workers Judicial Schools Corrections Faith Based Silo Approach - Each Doing Their Own Thing

8. MDT - Every Program InvolvedPREVENTION INTERVENTION SUPRESSION Substance, Abuse prevention programs, Schools, Parents, Faith Based Help Law Enforcement identify and prosecute criminals, report information/ intelligence Divert Youth away From violence, provide after school activities Education, Youth worker Behavioral Health Help Law Enforcement ID & prosecute criminals, Maintain Credibility with youth Teach families about consequences of gang violence, promote positives Police Prosecution Probation Judicial Connect with Youth & families, teach consequences, and provide law related education Intervene in pending violence, refer youth to alternatives, remove or place kids away from harm

9. THE MULTI-DISCIPLINARY APPROACH ENSURES There is an efficient and cost effective delivery of services and programs Communications are strengthened, eliminating stereotypes, & improving effective delivery of services  Revitalize the wilting energies of service providers Plan and initiate community wide efforts on a variety of prevention and intervention initiatives

10. Goal: Establish an effective collaboration (MDT) process to implement a coordinated substance abuse, criminal gangs , and mentally ill intervention and prevention programs. Identify strategic Actions 1. Establish multi-disciplinary teams to implement community & school based strategies 2. Develop a program to address Community Restoration.

11. 3. Collaborate on establishing a safe and caring environment through prevention and wellness programs at schools to prevent and deter gangs & illegal activity 4. Develop Police & Mental health Service partnerships in managing suicidal and/or mentally ill individuals with compassion and respect while promoting public and officer safety.

12. EXAMPLE MULTI-DISCIPLINARY TEAM Tribal Administration Chairpersons/Council Executive Committee Community Restoration Law Enforcement Prevention, Intervention & Treatment Community Policing Tribal Health DV Program DV Coalition HHS Contract Agencies Education Community Groups Tribal Court PD Prosecutor PD BIA-Law Enforcement DEA US Attorney Tribal Prosecutor ATF US Marshalls Probation Tribal Court Detention Volunteers PD Faith Based Housing Authority Education Students School Faculty Natural Resources PD Faith Based Recreation Human Resources Schools Veterans DV Coalition

13. The Executive Committee Should be Department Directors/Managers Chief of Police, Social Service Director, Principal, Community Representative, Housing, Federal Agencies, US Attorney, Tribal Council, ….Decision Makers Comprised of balanced representation from leadership, schools and community residents

14. The Executive Committee Roles Provide leadership and support for strategy development and programs Develops & Oversees implementation of programs, monitors, evaluates and amends the strategy Dedicate resources to assist with programs and services Direct coordination of resources and services to designated Communities or programs

15. Role of Community Members Community participation is key, must have a voice on the Executive Committee and a role in decision making

16. Established Sub-committees 1. Prevention, Intervention & Treatment, Improve services among prevention, intervention & treatment providers. 2. Community Restoration- Improve physical landscape and beauty in communities 3. Community Policing- Improve relations between Law Enforcement & Community 4. Law Enforcement - Enhance enforcement and prosecution

17. DISCUSSION QUESTION ??????