Yurok Tribe, Del Norte County Superior Court and Del Norte District Attorney’s Office agreement allows Yurok citizens to enroll in Wellness Court and defer prosecution

(Photo provided by Yurok Tribe)

The Yurok Tribe and Del Norte County Superior Court and Del Norte District Attorney’s Office recently signed an agreement that will allow adult Yurok citizens facing certain criminal charges an opportunity to defer prosecution and instead enroll in the Yurok Wellness Court’s comprehensive, culturally centered Wellness Diversion program.

“The primary goal of this program is to provide each participant with the ability to choose a new life path and become a contributing member of the community,” said Yurok Chief Justice Abby Abinanti. “The holistic program will help individuals confront the root cause of their bad behavior and move forward in a good way.”

It is always a pleasure to see our isolated and rural community rely upon each other instead of outside sources. With creative and out of the box thinking, the Tribe came up with a unique collaborative solution between our local justice partners and the Tribal Wellness Court to help divert those in need of supportive services as they try to get their lives back on track and keep their families together and safe,” added Del Norte Superior Court Judge Darren McElfresh.

Under this agreement, Yurok citizens charged with specific misdemeanor and felony violations of the penal code may be eligible for Yurok Wellness Diversion pursuant to stipulated agreement with the District Attorney or via Court-initiated misdemeanor diversion under California Penal Code Section 1001.95. The Yurok Tribal Court, along with the District Attorney or Superior Court, will determine if an individual is eligible and suitable to participate in the Yurok Diversion Program. If the individual qualifies and consents to diversion, the Yurok Tribal Court will develop a tailored wellness plan and oversee its implementation through culturally integrated case management. The plan may include treatment referrals for substance use and cooccurring disorders, Yurok cultural activities, educational and vocational training, job placement, housing assistance and other supportive services. The Yurok Wellness Court will also perform home visits and drug screenings. Diversion periods are set at six months to two years depending on severity of charges and participant risk and need.

“I am honored to be a party to this MOU that codifies the partnership between the Yurok Tribe and my office to offer the diversion opportunity for Tribal members. I believe that Wellness Diversion will have a great impact on those who choose to participate and the community as a whole,” said Del Norte County District Attorney Katherine Micks.

Throughout the diversion period, Yurok Wellness Court staff will send reports on participant progress to the district attorney and defense counsel monthly at minimum. At the end of the diversion period, or upon earlier graduation from the Yurok Wellness Court, the criminal charges will be permanently dismissed. If the participant routinely fails to perform the actions outlined in the wellness plan, the case will be terminated by the Yurok Wellness Court and the original charges may be reinstated by the prosecutor.

The Yurok Wellness Diversion Memorandum of Understanding (MOU) with Del Norte today, and that with Humboldt last year, are opening the door for other Tribes to start similar programs. The terms of these agreements may serve as a starting point for negotiation and/or a template for tribal diversion terms. Any tribe with a tribal wellness court may seek to begin a tribal diversion program and enter a Memorandum of Understanding with a district attorney and superior court. Anyone interested is encouraged to reach out to the Yurok Tribal Court for details and templates at wellness@yuroktribe.nsn.us.

On a case-by-case basis, the Del Norte County District Attorney’s Office and Superior Court have been diverting cases to the Yurok Wellness Court for around a year. The MOU will streamline the process and formalize responsibilities for parties and legal representatives. Two Yurok citizens are successfully making their way through the program at this time. With eight successfully completed diversions in Humboldt County and six progressing in a good way, similarly positive outcomes are expected in Del Norte.

In addition to Wellness Diversion, the Yurok Tribal Court offers alternative Wellness Court programs for youth and adults with pending charges or supervision violations, civil violations in the Yurok Tribal Court, or other agency agreements or court orders including participation in the Wellness Court. The Yurok Tribal Court also co-administers Joint Jurisdiction Family Wellness Courts in the Del Norte and Del Norte Superior Courts for families involved in Child Welfare cases. Presided over by Tribal and Superior Court judges, these programs help families break the cycle of addiction and follow a path toward healing. A Family Wellness program is also available in the Yurok Tribal Court for families with reunification-type cases who are ineligible for Joint Jurisdiction. The Yurok Wellness Court has helped dozens of Tribal citizens transform their lives. Many of the Court’s clients have secured housing, full-time employment, graduated colleges and universities, reunited with their children and reengaged with their culture.

To learn more about the Yurok Wellness Court, please visit: https://yuroktribalcourt.org/programs/wellness-court/