HO-CHUNK NATION CODE (HCC)

HO-CHUNK NATION CODE (HCC)

TITLE 4 – CHILDREN, FAMILY AND

ELDER WELFARE

SECTION 15 – HEALING TO WELLNESS

COURT CODE

ENACTED BY LEGISLATURE: November 18, 2014

Last Amended: February 18, 2025

CITE AS: HCC 4 § 15

This Code, 4 HCC § 15, Healing to Wellness Court Code as enacted by the Ho-Chunk Nation

Legislature by Resolution 11-18-14C.

CHAPTER I

GENERAL PROVISIONS AND DEFINITIONS

1. Authority

a. Article V, Section 2(a) of the Ho-Chunk Nation Constitution (“Constitution”) grants

the Legislature the power to make laws, including codes, ordinances, resolutions, and

statutes.

b. Article V, Section 2(h) of the Constitution grants the Legislature the power to enact all

laws prohibiting and regulating conduct, and imposing penalties upon all persons

within the jurisdiction of the Nation.

c. Article V, Section 2(i) of the Constitution grants the Legislature the power to negotiate

and enter into treaties, compacts, contracts, and agreements with other governments,

organizations, or individuals.

d. Article V, Section 2(r) of the Constitution grants the Legislature the power to protect

and foster Ho-Chunk religious freedom, culture, language, and traditions.

e. Article V, Section 2(s) of the Constitution grants the Legislature the power to promote

public health, education, charity, and such other services as may contribute to the social

advancement of the members of the Ho-Chunk Nation.

f. Article V, Section 2(t) of the Constitution grants the Legislature the power to enact

laws governing law enforcement on lands within the jurisdiction of the Nation.

g. Article VII, Section 4 of the Constitution grants the Judiciary the power to interpret and

apply the Constitution and laws of the Ho-Chunk Nation.

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h. Article VII, Section 7(b) of the Constitution grants the Supreme Court the power to

establish written rules for the Judiciary, provided such rules are consistent with the laws

of the Ho-Chunk Nation.

2. General. The Ho-Chunk Nation Healing to Wellness Court (“Wellness Court”) is an

evidence-based treatment program that offers alcohol and/or drug addicted participants an

alternative to extended incarceration and the standard probation model. The Wellness

Court works cooperatively with treatment agencies and other rehabilitation services to

engage a participant in a holistic treatment program that will provide the participant with

the tools and support necessary to get into recovery, stay in recovery and lead a productive,

alcohol-drug free, lawful, healthy lifestyle.

3. Purpose. The Wellness Court Code shall be liberally interpreted and construed to fulfill

the following expressed purposes:

a. Help Ho-Chunk Nation members break the generational cycle of abuse, addiction and

enabling,

b. Promote public safety by reducing recidivism rates of drug and alcohol offenses,

c. Promote recovery in participants and the community, and support from the family and

community, and

d. Hold offenders accountable through the use of effective sanctions, rewards, and

treatment programming.

e. If offenders violate mutually agreed upon program, suspension of annual per capita

payments may be imposed until the offender successfully completes the program.

4. Policy. The Wellness Court’s mission is to address a pervasive alcohol and drug addiction

ill affecting our community, alcohol and drug addiction and its associated consequences.

The Wellness Court will act in partnership with available tribal and non-tribal agencies and

service providers to achieve the following goals: 1)break the cycle of addiction; 2)promote

public safety by reducing recidivism rates of drug and alcohol offenses; 3) promote

recovery in participants and in the community; 4) restore traditional values and language;

5) create support systems and programs to foster recovery (sobriety), employment,

education, and communal, familial, and individual health and well-being; 6) hold offenders

accountable; and 7) maintain relationships and resources to continually assist program

participants. The Wellness Court shall adhere to Ho-Chunk ideals while focusing upon

restorative justice and collaborative decision-making. The Healing to Wellness Court shall

comply with the 10 key components promulgated by the National Association of Drug

Treatment Court Professionals more fully described in the Section 5.c.

5. Definitions.

a. “Distal Goal” means a long term goal expected to be achieved later in the program.

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b. “Evidence-based” means treatments that integrate professional research and clinical

expertise to achieve the best outcome for the individual.

c. “Healing to Wellness Court” means a court supervised treatment program for

individuals who are dependent upon any controlled substance or alcohol. The Healing

to Wellness Court shall comply with the 10 key components promulgated by the

National Association of Drug Treatment Court Professionals, which include all of the

following characteristics:

i.

Integration of alcohol and other drug treatment services with justice system case

processing.

ii.

Use of a non-adversarial approach by prosecution and defense that promotes

public safety while protecting any participant’s due process rights.

iii.

Identification of eligible participants early with prompt placement in the

program.

iv.

Access to a continuum of alcohol, drug, and other related treatment and

rehabilitation services.

v.

Monitoring of participants effectively by frequent alcohol and other drug testing

to ensure abstinence from drugs or alcohol.

vi.

Use of a coordinated strategy with a regimen of graduated sanctions and

rewards to govern the court’s responses to participants’ compliance.

vii.

Ongoing close judicial interaction with each participant and supervision of

progress for each participant.

viii.

Monitoring and evaluation of the achievement of program goals and the

program’s effectiveness.

ix.

Continued interdisciplinary education in order to promote effective Healing to

Wellness Court planning, implementation, and operation.

x.

The forging of partnerships among other Drug Treatment Courts, public

agencies, and community-based organizations to generate local support.

d. “Participant” means an individual who is admitted into the Wellness Court.

e. “Proximal Goal” means a short term goal expected to be achieved earlier in the program.

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f. “Violent Offender” means an individual who meets either of the following criteria:

i. Is currently charged with or has been found guilty to an offense involving the death

of or serious bodily injury to any individual, or the carrying, possessing, or use of

a firearm or other dangerous weapon by that individual, whether or not any of these

circumstances are an element of the offense, or is currently charged with or has

been found guilty of criminal sexual conduct of any degree.

ii. Has one (1) or more prior convictions for a felony involving the use or attempted

use of force against another individual with the intent to cause death or serious

bodily harm.

CHAPTER II

JURISDICTION, COURT STRUCTURE, POLICIES, PROCEDURES, AND

PROGRAM RULES

6. Jurisdiction.

a. The Wellness Court is hereby established by the Legislature as a court of special

jurisdiction to meet the purposes set out above. The Wellness Court will exercise

its authority as a court of special jurisdiction pursuant to rules established by the

Supreme Court in accordance with Article VII, Section 7(b) of the Constitution and

in Accordance with the legislative purposes set out above.

i. The Wellness Court shall exercise independent discretion in its monitoring of

assigned cases.

b. The Wellness Court shall have the authority to issue all orders necessary to ensure

the safety, well-being, and rehabilitation of individuals who come within or consent

to its jurisdiction. The Wellness Court shall have the power to implement all the

duties, responsibilities, and remedies set out in this Code, including the power to

enforce subpoenas and orders of restriction, fines and orders of restitution,

contempt, confinement and detention, and other powers as appropriate.

c. Upon successful completion of the Wellness Court program, or at such a time when

a participant of the Wellness Court becomes ineligible to continue in the program,

the Wellness Court will provide such information to the appropriate governmental

entity for its use in any final disposition as it relates to the Wellness Court

participant.

7. Court Structure.

a. The Healing to Wellness Court shall be made up of Treatment Team which shall

include a Trial Court Judge, a special prosecutor, a public defender/advocate or

defense bar representative, a Project coordinator, a law enforcement official, a

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representative of the Legislature, a representative of probation or DOC

representative, a representative of substance abuse treatment providers, a

vocational rehabilitation professional, a representative of Traditional Court, a

representative of social services, and other members to be determined by the

Judiciary and/or Treatment Team.

8. Policies and Procedures. The Wellness Court shall promulgate and follow Policies and

Procedures in administering the Wellness Court. Policies and Procedures are subject to

change, and changes shall be adequately and timely published to the Team, public, and

participants. Upon reviewing the Policies and Procedures and considering any

recommended changes, the Ho-Chunk Nation Supreme Court shall approve the Policies

and Procedures on an annual basis or prior to the annual review when deemed necessary

by the Supreme Court.

9. Participant Handbook. The Wellness Court shall promulgate and distribute Participant

Handbooks to the participants of the Wellness Court Program. The Participant Handbook

shall set forth the rules of the program and obligations of the participant in a clear manner.

Handbooks shall be distributed, and the defense attorney/lay advocate shall go through the

handbook with each participant, as soon as the participant is admitted to the Wellness Court

and obtain written acknowledgment of participants understanding of the rules of the

Wellness Court. Failure to abide by the program rules may result in sanctions, therapeutic

sanctions, termination from the program and /or prosecution to the fullest extent available

under the law. Upon reviewing the Participant Handbook and considering any

recommended changes, the Ho-Chunk Nation Supreme Court shall approve the Participant

Handbook on an annual basis or prior to the annual review when deemed necessary by the

Supreme Court.

CHAPTER III

REFERRAL AND ASSESSMENT

10. Eligibility Standards

Potential candidates meeting the following criteria will be considered for admission to the

Ho-Chunk Nation Tribal Healing to Wellness Court Program.

a. Ho-Chunk Nation tribal member, spouse of a Ho-Chunk Nation tribal member, child

of a Ho-Chunk Nation tribal member, or member of any other federally recognized

Tribe who is aged 18 or older and a resident of the Wellness Court Program service

area. Due to funding availability and potential funding limitations/restrictions, priority

will be given to Ho-Chunk Nation tribal members first.

b. The service area for the Wellness Court Program is defined as:

i. Jackson County, Wisconsin, or

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ii. Any other Wisconsin county in which the Wellness Court is able to provide

adequate supervision and services, as determined by the Wellness Court Team on

a case-by-case basis.

c. Each participant will need to meet the DSM-V criteria for Alcohol/Drug

Dependence.

d. Proposed participants will be either post-adjudication or in Alternative to Revocation

(ATR) status from the Department of Corrections.

e. The Healing to Wellness Court Coordinator shall interview each defendant referred

for possible participation in the program.

f. Each proposed participant will participate in any assessments requested by staff,

treatment providers, or others involved in the screening process.

g. The Healing to Wellness Court Coordinator will make a recommendation to the

Healing to Wellness Court Team, who will either admit or deny the application.

h. The Healing to Wellness Court participant must voluntarily agree to abide by the

Healing to Wellness Court rules.

i. No existing in-state or extraditable warrants, or pending charges that are not resolved

at the time Healing to Wellness Court participation begins.

11. Referral Procedures

a. Attorney Referral

i. A prospective participant’s criminal attorney may seek to have their client

admitted into the Wellness Court by fully completing an Attorney Referral

Form, which shall be drafted and maintained by the Wellness Court.

ii. The Attorney Referral Form shall then be submitted to the Wellness Court

Coordinator located at the Ho-Chunk Nation Wa Ehi Hoci (Judiciary

Building).

b. Self-Referral

A prospective participant may seek admittance into the Wellness Court by

fully completing a Self-Referral Form, which shall be drafted and

maintained by the Wellness Court.

i. The Self-Referral Form shall then be submitted to the Wellness Court

Coordinator located at the Ho-Chunk Nation Wa Ehi Hoci.

12. Legal Screening

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a. Legal Screening shall be completed by the tribal prosecutor and defense attorney

to determine legal eligibility and to examine public safety risk.

b. Core components of the screening process are:

i. Current criminal charge(s);

ii. Criminal history;

1. Violent Offender. The Legal Screening process will include a

determination if there are prior violent felonies; sex offenses; and

offenses in which a firearm, deadly weapon, or dangerous

instrument was used that may preclude admission;

iii. Circumstances of current offense such as defendant culpability and

mandatory incarceration statutes;

iv. Outstanding warrants, additional charges in other counties, previous

diversion programs, and previous treatment court participation; and

v. Mental health disorders.

c. Legal Screening shall occur at the earliest point after arrest with a determination of

acceptance or rejection to occur within thirty (30) days from screening.

d. The Wellness Court Coordinator will be immediately notified of the Legal

Screening determination.

i. If the Legal Screening results show the prospective participant is legally

eligible for the program, the Wellness Court Coordinator will provide the

contact information for the prospective participant to arrange for a Clinical

Assessment to be conducted as the second phase of determining eligibility.

ii. If the Legal Screening results show that the prospective participant is not

legally eligible for the program, the Wellness Court Coordinator will

provide such documentation to the Team for reference and discussion.

13. Clinical Assessment

a. The Clinical Assessment shall be completed by the treatment professionals on the

Team to determine diagnosis, clinical eligibility, and treatment planning.

b. The Clinical Assessment shall occur soon after Legal Screening results are

available showing legal eligibility standards have been met.

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c. The Clinical Assessment shall consist of validated standardized assessment

instruments and methods.

d. The treatment professionals will review any special needs or circumstances of the

individual that may potentially affect the individual’s ability to receive substance

abuse treatment and follow the court’s orders.

e. The Clinical Assessment shall remain confidential, will not be open to inspection

by the public at the Ho-Chunk Nation Wa Ehi Hoci, is not discoverable under the

DISCOVERY ACT, 2 HCC § 3, and shall not be used in a criminal prosecution, unless

it reveals criminal acts other than, or inconsistent with, personal drug use.

f. The prospective participant must also recognize the possibility of and agree to

cooperate with any future evaluation assessments as directed by the Wellness

Court.

g. The Wellness Court Coordinator will be immediately notified of the Clinical

Assessment determination.

i. The Wellness Court Coordinator shall prepare copies of eligibility

documentation to be presented to the Team.

14. Admission to Program

a. Clinical Assessment and/or Legal Screening results shall be presented to the Team

in order for the Team to ultimately decide whether to admit an eligible applicant

into the Wellness Court program.

b. Traditional Court shall make a Ho-Chunk cultural assessment in order to address

cultural and/or spiritual competencies with recommendations given to the Wellness

Court.

c. The Team shall perform a financial management assessment in order to educate the

participant to attain financial stability upon admittance to the program.

d. The Team shall review all relevant information before reaching consensus on

whether to admit or deny a prospective participant.

e. The Wellness Court Coordinator shall notify the prospective participant’s attorney

and participant to let them know the Team’s decision.

i. If the Team reaches a consensus on admission, the Wellness Court

Coordinator shall provide an appointment time in which the prospective

participant is to report to the Ho-Chunk Nation Wa Ehi Hoci to proceed

with filling out the necessary paperwork for admission.

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ii. The participant will also have a time arranged to meet with the defense

attorney/lay advocate to go through the Participant Handbook, have the

program explained to him/her, and go through the ramifications of rule

violations that may lead to a treatment response, sanction, and/or

termination from the program.

1. Documentation of receipt of the Participant Handbook and meeting

with the defense attorney/lay advocate shall be placed within the

participant’s file to be kept by the Wellness Court Coordinator.

15. Records of Denials. The Wellness Court Coordinator shall retain all copies of information

pertaining to denials for data and research purposes. Information pertaining to denials shall

not be made transferable to any entity other than the grant provider/funder.

CHAPTER IV

MONITORING, TESTING, AND ASSESSMENTS

16. Monitoring. The Wellness Court shall provide a participant with consistent, continual,

and close monitoring.

a. Monitoring may include, but is not limited to, the use of a Global Positioning

System (GPS) and Secure Continuous Remote Alcohol Monitor (SCRAM) units.

b. Any loss or damage to the GPS and/or SCRAM units shall be the financial

responsibility of the program participants.

17. Interaction. The Wellness Court shall ensure appropriate amounts of interaction among

the court, treatment providers, probation, appropriate friends and/or family members and

the participant.

18. Testing. The Wellness Court shall ensure periodic and random testing for the presence of

any controlled substance or alcohol in a participant’s blood, urine, or breath, using the best

available, accepted, and scientifically valid methods.

19. Assessments. The Wellness Court shall utilize periodic evaluation assessments of the

participant’s circumstances and progress in the program.

a. Treatment providers shall utilize best evidence based practices in performing new

assessments as needed to determine if any additional treatment services are

necessary to assist the participant.

b. Assessments shall include an evaluation of the participant’s efforts towards meeting

their proximal and distal goals in the program.

20. Sanctions and Incentives.

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a. Sanctions. The Wellness Court shall implement and utilize a system of appropriate,

graduated, and immediate sanctions for non-compliance.

i. Sanctions include, but are not limited to, incarceration, phase freeze, and an

increase in requirements issued by the Wellness Court Team.

ii. Therapeutic Sanctions. If a participant is not compliant with his/her

treatment plan, the Team may utilize therapeutic sanctions to assist with

getting the participant back on track with his/her treatment plan, which may

include, but is not limited to thinking reports and increased counseling

sessions and self-help meetings.

iii. The types of sanctions used shall take into consideration the distal and

proximal goals set for each participant.

b. Incentives. The Wellness Court shall implement and utilize a system of

appropriate, graduated, and immediate incentives for compliance.

i. Incentives include, but are not limited to, gift cards, and public praise.

ii. Personal finance assistance, employment assistance and education of

Probation and Parole duties.

21. Services. The Wellness Court, through adequate funding from the Legislature, shall ensure

that substance abuse treatment services, relapse prevention services, mental health

treatment referrals and/or services, education, vocational opportunities are appropriate and

available.

CHAPTER V

WELLNESS COURT STAFFING

22. Compliance Reports

a. The Wellness Court Coordinator is responsible for completing bi-weekly

compliance reports to be distributed to the Wellness Court for the purpose of

staffing.

b. The compliance reports will at a minimum provide:

i. an overview of a participant’s compliance with their treatment plan,

ii. compliance with the program rules as laid out within the Participant

Handbook,

iii. their period of sobriety,

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iv. any additional services that may be necessary to assist the participant,

v. their start date,

vi. the total number of weeks they have been in the program,

vii. the phase that they are in and week in such phase, taking into consideration

and noting any advancement or freeze,

viii. outstanding Wellness Court fees owed, and

ix. a complete and detailed list of all sanctions since the start of their program.

23. Formal Staffing

a. The purpose of the Wellness Court staffings is to update the Team on the progress

and needs of each participant in his/her treatment plan, to report the results of

weekly random alcohol and/or drug testing, and to discuss possible sanctions and

incentives for non-compliance, tampered with or failed tests, but also to reward

progress. The sanctions and incentives shall be applied by the judge in the Status

Hearing. The Team should also make concrete arrangements to assist participants

in areas of need.

b. All Wellness Court staffings will be closed to the public and are confidential.

i. Only members of the Wellness Court Team shall be present during the

staffings.

1. If an individual outside of the Wellness Court Team is necessary to

adequately staff a case, then that individual will complete a

confidentiality agreement and be advised that any information they

hear is to be strictly confidential.

ii. At times participants may be called into a staffing, or request to appear on

their own, as in the case of phase advancement. A participant will be

present only for the part of the staffing addressing that participant, and then

will be excluded from the rest of the meeting.

c. Wellness Court decisions shall be made through discussion and by consensus.

24. Informal Staffing

a. At times decisions need to be made quickly. As such, Wellness Court members are

permitted to make decisions via e-mail provided all members are part of the e-mail

feed.

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b. Decisions made by e-mail shall be made through discussion and by consensus.

c. E-mails shall remain confidential.

CHAPTER VI

COURT PROCEDURE AND HEARINGS

25. Rules of Evidence. Any information obtained, used or disclosed by a member of the

Wellness Court Team, regarding the treatment methods employed by the Wellness Court

team, while the participant is under the jurisdiction of the Wellness Court shall not be used

as evidence against the participant in any other proceeding in the Ho-Chunk Nation Court

system or any other court in any other jurisdiction. All Wellness Court records are

privileged and confidential and shall not be disclosed except to the members of the

Wellness Court Team. The Rules of Evidence adopted by the Ho-Chunk Nation Judiciary

shall not apply in any Wellness Court proceedings.

26. Status Review Hearings

a. The purpose of Status Review Hearings is to judicially monitor whether the

participants are attending their required treatment sessions and activities, to review

their weekly random alcohol and/or drug test results, and to formally reward or

sanction participants for progress, non-compliance, or relapse in moving through

their treatment plan.

b. The Status Review Hearings shall include discussion between the Court and the

participant in regard to the progress or lack thereof being made by the participant

on his or her treatment program.

c. All Wellness Court hearings shall be open to the public.

d. The Wellness Court is strictly a non-adversarial forum.

e. Status Review Hearings shall be held at a minimum of every two weeks.

f. The Wellness Court Judge shall make all findings relevant to each participant's case

pursuant to the policies and procedures adopted by the Wellness Court Team.

27. Termination

a. Upon presentation of appropriate grounds, a Wellness Court Team member may

make a Motion to Terminate a participant.

i. Grounds for termination include:

1. Commission of a violent crime;

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2. Abandonment of the Wellness Court program;

3. Evidence indicating the participant is involved with drug dealing or

driving while under the influence of an intoxicant;

4. Any threatening, abusive, or violent verbal/physical behavior;

5. Hostile, threatening or disrespectful conduct towards the Court or

other participants;

6. Any other grounds the Wellness Court deems sufficient for

termination.

b. Termination will be discussed and decided by consensus.

c. The decision to terminate shall be put in writing.

28. Graduation. Upon successful completion of all four phases of the Wellness Court

program, participants shall be formally recognized and praised for graduating from the

Wellness Court program during the Status Hearings. The Wellness Court judge shall issue

a written Order formally recognizing completion of the program to be kept as part of the

Wellness Court records, but also to be used to address the criminal action(s) that brought

the participant within the purview of the Wellness Court. The graduate is to be provided a

formal written Certificate recognizing completion from the program to be used by the

participant as he or she requires. A copy of this Certificate shall be kept as a part of the

participant’s Wellness Court records. Formal recognition to be given at Tribal Social

event.

CHAPTER VII

RECORDS, BUDGET, ADVISORY BOARD

29. Collection and Maintenance of Records.

a. The Wellness Court shall collect data on each individual applicant, participant, and

entire program.

i. The Wellness Court shall maintain files on each individual applicant or

referral who is denied or refused admission to the program, including the

reasons for the denial or rejection, the criminal history of the applicant, the

preadmission legal screening and clinical assessment, and other

demographic information as deemed beneficial by the Ho-Chunk Nation

Judiciary.

ii. The Wellness Court shall maintain files on each participant in the program

for review and evaluation as well as treatment. The information collected

for evaluation purposes must include a minimum standard data set as

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deemed appropriate through evidence based practices, and at a minimum

contain:

1. Location and contact information for each individual participant,

both upon admission and termination/graduation of the program for

follow-up reviews, and third party contact information;

2. Significant transition point dates, including dates of referral,

admission, new court orders, violations, jail/confinement, changes

in services or treatments provided, phase advancements, periods of

phase freeze, discharge for graduation or termination, any provision

of after-care, and after-program recidivism;

3. The individual’s precipitating offenses and significant factual

information, source of referral, and all treatment court evaluations

and assessments;

4. Treatments provided, including intensity of care or dosage, and their

outcomes;

5. Other services or opportunities provided to the individual and

resulting use by the individual, such as education or employment

and participation of and outcome for that individual;

6. Reasons for termination or graduation from the program.

30. Budget. The Legislature shall appropriate operating funds to ensure the Wellness Court

can operate fully in accordance with the 10 key components promulgated by the National

Association of Drug Treatment Court Professionals. Supra. Section 5b.

31. Advisory Board. The Wellness Court Advisory Board should include legislative branch

members (2), executive branch members (2), Wellness Court team members (3), Wellness

Court graduate (1), and other community members who have an interest in the success of

the Wellness Court program (5). This Board should meet on a bi-annual basis to consider

and assist in the design, improvement, funding, and community education and support of

the Wellness Court Program.

32. Severability. If any part or parts, or application of any part of this Code is held invalid,

such holding shall not affect the validity of the remaining parts of this Code.

______________________________________________________________________________

Legislative History:

06/18/13

Legislature places the Healing to Wellness Court Code out for 45 Day Public Comment

by Resolution 06-18-13G.

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11/18/14

03/08/22

02/18/25

Legislature adopts the Healing to Wellness Court Code by Resolution 11-18-14C.

Legislature adopts amendments via Resolution 03-08-22D.

Legislature adopts amendments via Quick Passage Resolution 02.18.25D and place out

for 45 day public comment via Resolution 02.18.25E.

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