SISSETON-WAHPETON OYATE

SISSETON-WAHPETON OYATE

CODES OF LAW

CHAPTER 36—Alcohol and Drug Treatment Act

36-01-01 TITLE

This Chapter may be cited as the “Alcohol and Drug Abuse Treatment Act.”

36-02-01 PURPOSE

The Sisseton-Wahpeton Oyate Tribal Council in order to prevent Alcohol and

Drug Abuse declares:

1.

Alcoholism and drug abuse are major health and social problems afflicting an

alarmingly high percentage of the members of the Tribe; whereas treating it as

a health problem permits early detection and prevention of alcoholism and

drug abuse and effective treatment and rehabilitation relieves policy and other

law enforcement agencies of an inappropriate burden that impedes their

important work and better serves the interest of the public;

Alcohol and drug related offenses cost the Tribe and its members great human

suffering in deaths injuries, suicide, sickness, crime, domestic violence, child

abuse, neglect, incest, abandonment, and delinquency;

Alcohol and drug related offenses cost the Tribe and its member great

economic loss.

Alcohol and drug related offenses seriously threatens the social and economic

stability and security of the Tribe and many families;

Alcoholism and drug abuse are illnesses which require treatment and

rehabilitation through the coordinated efforts of community health and social

services, law enforcement agencies, employers, and concerned individuals;

and

Alcohol and drug abuse presents a need for prevention and intervention

programs designed to reach the members of the Tribe who are alcohol and

drug abusers.

36-03-01 DEFINITION OF TERMS

Terms used in this chapter, shall mean the following:

Amendment Passed: November 5, 2014

Motion No. 45

Resolution No. SWO-14-112 ]

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Alcoholic — is a person who suffers the chronic progressive and potentially fatal

disease of alcoholism, as characterized by tolerance, physical dependence,

pathological, organic changes or both; all of which are the direct or indirect

consequences of alcoholism.

Director — shall mean the Director of the Alcohol Program.

Alcohol Program — is the Tribal Alcohol Program.

Incapacitated by Alcohol or Drugs — means that a person, as a result of the use of

alcohol or one or more other drugs is unconscious or has his judgement impaired

so that he is incapable of making a rational decision in respect to a need for

treatment.

Intoxicated Person — is a person whose mental or physical state is substantially

impaired by the use of alcohol or drugs.

Treatment — shall mean the broad range of emergency, outpatient, intermediate,

and inpatient services and care, including diagnostic evaluation, medical,

psychiatric, psychological, and social service care, or vocational rehabilitation and

career counseling which may be extended to alcohol or drug abusers.

DEVELOPMENT OF PROGRAMS

The Alcohol Program shall develop plans and programs for the prevention and

treatment of alcoholism and drug abuse in cooperation with Tribal, State and

national agencies.

STATISTICAL DATA

The Alcohol Program shall keep statistical information, on number of persons

treated, frequency of admission and readmission, and duration of treatment.

CONTRACTS FOR USE OF PUBLIC TREATMENT FACILITIES

The Alcohol Program may contract, subject to the approval of the Tribal Council,

any contracts necessary or incidental to the performance of its duties and the

execution of its powers, with public, private, and Tribal agencies, for treatment

services rendered.

RULES AND POLICIES FOR TREATMENT

The Alcohol Program shall adopt rules for the treatment of persons in the

program.

APPLICATION FOR VOLUNTARY TREATMENT

Any person may apply for voluntary treatment directly to the Alcohol Program or

other treatment facility.

Amendment Passed: November 5, 2014

Motion No. 45

Resolution No. SWO-14-112 2

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A person who voluntarily admits him/her self for treatment must comply with all

established procedures.

PROTECTIVE CUSTODY

Any person intoxicated or who appears to be in need of help in a public or private

place shall be taken into protective custody by the police and taken to the Tribal

detention center of a private facility. If the person is intoxicated, they should be

held not less than twelve (12) hours and not more than seventy-two (72) hours

after which time they shall be released upon recommendation by an alcohol

counselor, or

Any person picked up the fifth time within one year under protective custody

shall be brought before the court under Section 36-13-01, and transferred to an

appropriate health care facility for proper treatment, at the time specified by the

court.

Any pregnant woman using alcohol shall be brought before the Court under

Section 36-13-01, and committed to an appropriate treatment facility, at the time

specified by the Court.

Failure to comply with Section 36-09-02 above shall be grounds for the accused

to be charged with disobedience to the lawful orders of the court which carries a

maximum penalty of a one hundred and twenty dollar ($120.00) fine and three (3)

months in jail.

PROTECTIVE CUSTODY NOT AN ARREST

Protective custody under this section is not an arrest. Except in the case of a

pregnant mother, she may be arrested for offenses of abuse or neglect of her

unborn child.

Pregnant Mothers: any pregnant mother who is arrested, charged, or convicted of

an offense of abuse or neglect involving her unborn child shall be placed under

the protective custody of the Tribal Court for placement in detox, treatment, or

other appropriate facility. The protective custody shall be a mandatory six month

period or until birth of the child. If the pregnant mother is not convicted there

shall be no additional protective custody enforced.

PROTECTIVE CUSTODY PROCEDURE

The police shall notify the Alcohol Program promptly when a person is taken into

protective custody. Upon notification, the Alcohol Program shall, within twelve

(12) hours, determine when a person in Protective Custody shall be released.

POLICE NOT CRIMINALLY OR CIVILLY LIABLE

Amendment Passed: November 5, 2014

Motion No. 45

Resolution No. SWO-14-112 3

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The police when in compliance with this chapter acting in the course of their

official duty shall not be subject to criminal or civil liability.

TREATMENT PETITION

Proceedings for the involuntary treatment of a person in need or treatment may be

started by any person eighteen (18) years or older by supplying necessary

information alleging that the person is incapacitated by alcohol and/or drugs. The

petition shall contain the following:

1. Name, address, age of petitioner.

2. Name, address, age, marital status and occupation of the person in need of

treatment.

3. Names, addresses, enrollments, and relationships, of the person’s nearest

relatives, or of a friend.

4. The allegations shall include statements by the petitioner, statements by the

Tribal Police or other persons having knowledge of that person’s drug and/or

alcohol abuse, and a statement of the person’s condition, and other

information to support the need for treatment.

REVIEW OF THE PETITION

The court shall review the petition to determine if it meets the requirements of

Section 36-13-01. The court shall determine whether the petition establishes

probable cause to believe that the respondent meets the criteria of a person

requiring treatment, as defined in Section 36-13-01, subsection 4.

1. If probable cause is established, the court shall order a suitable person(s) to

submit written background report upon which the petition is based.

2. If probable cause is not established, the petition shall be dismissed.

APPOINTMENT OF COUNSEL

If the person cannot employ his own counsel, suitable counsel shall be appointed

by the Tribal Judge. Assignment of counsel shall be made within twelve (12)

hours prior to the hearing or immediately in the case of a person requiring

emergency treatment.

IMMEDIATE APPREHENSION OF PERSON REQUIRING

TREATMENT

After reviewing the petition for treatment and if probable cause is shown, the

court shall enter an order for immediate apprehension and detention of respondent

Amendment Passed: November 5, 2014

Motion No. 45

Resolution No. SWO-14-112 4

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for the purposes of examination if a certificate of examination does not

accompany petition, and for respondent’s presence at the hearing. The person

may be detained at an appropriate facility no longer than seventy-two (72) hours,

excluding Saturdays, Sundays and holidays if evaluation services are not available

on those days.

CERTIFICATE OF EXAMINATION

A certificate of examination shall be attached to the petition, or if none is

attached, a statement shall be included in the petition why one could not be

obtained. The certificate of examination of the individual requiring treatment and

shall be conducted by a physician within seventy-two (72) hours after

apprehension of respondent in the case of respondent requiring Emergency

Treatment. It shall contain the following information:

1. Evaluation of the respondent’s physical and mental condition.

2. Conclusion as to whether the respondent meets the criteria of a person

requiring treatment with a clear explanation of how that conclusion was

derived.

3. Signature of the examining physician.

4. A record of all drugs, medication or other treatment prescribed within the

seventy-two (72) hour period.

NOTICE OF HEARING

Upon filing the petition, accompanied by the certificate of examination, the Clerk

of Courts shall set the time and date for the hearing no longer than five (5) days

after the petition is filed. A copy of the petition, certification of examination, and

summons, shall be personally serve upon the respondent, a notice of hearing,

along with a copy of the petition, and certificate of examination shall be issued to

the petitioner and to the respondents relatives named in the petition. Summons

shall, also include the respondent’s right to have witnesses appear and testify on

his behalf or other documentation he/she have to support his/her case.

EXAMINATION BY THE COURT

In the event the respondent upon receiving notice of the hearing refuses to be

examined by a qualified mental health professional or a physician, the court may

issue a warrant and detain the person at a facility it may designate as long as is

necessary to complete the examination, and hold a hearing, but in no event longer

than seventy-two (72) hours, excluding Saturdays, Sundays and holidays, if,

evaluation services are not available on those days.

Amendment Passed: November 5, 2014

Motion No. 45

Resolution No. SWO-14-112 5

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PRECAUTIONS AGAINST DRUGS HAMPERING DEFENSE

After an examination, the examining mental health professional physician shall

transmit a certificate to the court and personally appear at the hearing. The

alleged mentally ill person has the right to obtain an additional examination at his

own expense, which may be placed in evidence before the Court.

If personal service cannot be made on respondent, the summons shall be

published for _3_ weeks(s).

If, after personal service has been made on respondent, or after the expiration of

the publication period, respondent fails and refuses to appear for the hearing, the

court shall issue a Bench Warrant to show cause, why he/she should not be held in

Contempt of Court.

PRESENCE OF RESPONDENT AT THE HEARING

The person requiring treatment shall be present at all hearings with counsel.

CLEAR AND CONVINCING EVIDENCE REQUIRED

If the court finds by clear and convincing evidence that the respondent is in need

of treatment, in order to prevent respondent from endangering himself or others

the court may order him/her to undergo appropriate treatment. The person

committed shall complete the full cycle of treatment at the designated facility.

RECORDS TO BE CONFIDENTIAL

All records and information of persons committed to treatment shall remain

confidential and privileged except to the person committed. Any breach of

confidentiality shall be grounds for possible termination of employment.

NO WAIVER OF IMMUNITY

Nothing in this Code shall be construed as a waiver of sovereign immunity for the

Sisseton-Wahpeton Oyate, its departments, agencies, entities, employees, or

agents.

SEVERABILITY

If any clause, sentence, paragraph, section, or part of this code shall, for any

reason be adjudicated by the Tribal Court or Tribal Appellate Court, to be invalid

or unconstitutional, such judgment shall not affect, impair, or invalidate the

remainder thereof, but shall be confined in its operation to the clause, sentence,

paragraph, section, or part thereof directly involved in the controversy in which

the judgment shall have been rendered.

Amendment Passed: November 5, 2014

Motion No. 45

Resolution No. SWO-14-112 6

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CONSTRUCTION

This Code shall be interpreted and applied in a manner consistent with all other

Codes, Laws, Resolutions, and Regulations of the Sisseton-Wahpeton Oyate.

AMENDMENT

This Code may be amended only upon affirmative vote of a majority of the Tribal

Council of the Sisseton- Wahpeton Oyate.

EFFECT OF HEADINGS

Headings shall not be deemed to govern, limit, modify, or in any manner affect

the scope, meaning, or intent of the provisions of any portion of this Code.

INTERPRETING DEFINITIONS

Words or phrases used in this Code shall be interpreted so as to give them the

meaning they have in common usage for the Sisseton-Wahpeton Oyate and to

give this Code it’s most reasonable application. The words and phrases in this

Chapter are specifically defined and shall control and prevail over any other

definition.

Legislative History:

Amendment Passed: November 5, 2014

Motion No. 45

Resolution No. SWO-14-112 7

Regular Tribal Council Minutes

Wednesday, November 5, 2014

Page 10

WEIGHTED VOTE ON MOTION NO. 44: 17 For: Dawn Eagle (3); Lynn Halbert (2);

Francis Crawford (2); Marc Beaudreau (3); Virginia Max (2); Louis Johnson (1);

Jerome Renville, Sr. (2); Tribal Vice-Chairman (1); Tribal Secretary (1).

0 Opposed. 0 Abstained. 0 Absent From Vote. 1 Not Voting: Tribal Chairman.

MOTION PASSED.

MOTION NO. 45: made by Marc Beaudreau, second by Virginia Max, question by Sara

Lincoln, in resolution form, to approve the revisions and amendments to SWO

Codes of Law: Chapter 7, Chapter 24, Chapter 36, Chapter 38, Chapter 60, and

Chapter 66, to implement the sections detailing the definitions, language, and

penalties pertaining to Meth use, possession, production, and distribution.

WEIGHTED VOTE ON MOTION NO. 45: 17 For: Dawn Eagle (3); Lynn Halbert (2);

Francis Crawford (2); Marc Beaudreau (3); Virginia Max (2); Louis Johnson (1);

Jerome Renville, Sr. (2); Tribal Vice-Chairman (1); Tribal Secretary (1).

0 Opposed. 0 Abstained. 0 Absent From Vote. 1 Not Voting: Tribal Chairman.

MOTION PASSED.

Resolution No. SWO-14-112

Note: Big Coulee District did not have a District meeting in October 2014.

Note: Long Hollow District did not have a District meeting in October 2014.

MOTION NO. 46: made by Dawn Eagle, second by Sara Lincoln, question by Jerome

Renville, Sr., to approve the District Chairman’s Association (DCA) report, as

presented by DCA Members; Kenneth Johnson, Tony Barker, Rodney Barse,

Beverly Thompson, Floyd Kirk Jr., Gerald German Jr., and Donovan White.

WEIGHTED VOTE ON MOTION NO. 46: 17 For: Dawn Eagle (3); Lynn Halbert (2);

Francis Crawford (2); Marc Beaudreau (3); Virginia Max (2); Louis Johnson (1);

Jerome Renville, Sr. (2); Tribal Vice-Chairman (1); Tribal Secretary (1).

0 Opposed. 0 Abstained. 0 Absent From Vote. 1 Not Voting: Tribal Chairman.

MOTION PASSED.

MOTION NO. 47: made by Francis Crawford, second by Virginia Max, question by Sara

Lincoln, to approve the Final Walk-Thru of the SWO Administration Building and

Close-Out of the project, acknowledging the pending discrepancies with the

Architect for the project.

WEIGHTED VOTE ON MOTION NO. 47: 7 For: Francis Crawford (2); Virginia Max (2);

Louis Johnson (1); Tribal Vice-Chairman (1); Tribal Secretary (1). 10 Opposed:

Dawn Eagle (3); Lynn Halbert (2); Marc Beaudreau (3); Jerome Renville, Sr. (2).

0 Abstained. 0 Absent From Vote. 1 Not Voting: Tribal Chairman.

MOTION DEFEATED.

Approved: December 2, 2014, Motion No. 2 (vb, recording secretary)

sisseton Wahpeton Oyate

LAKE TRAVERSE RESERVATION

P.O. Box 509

100 Veterans Memorial Drive

Agency Village, South Dakota 57262-0509

Phone: (605) 698-3911

TRIBAL COUNCIL RESOLUTION NO. SWO-14-112

Amendment of the SWO Codes of Law

Pertaining to Methamphetamine Prevention

WHEREAS, The Sisseton-Wahpeton Oyate is organized under a Constitution dnd By-laws

adopted by the members of the Tribe on August 1-2; 1966, and approved by the

Commissioner of Indian Affairs on August 25, 1966, last amended effective

November 15, 2006; and .

jhe Sisseton-Wahpeton

WHEREAS, The Constitution ARTICLE Ill, Section 1

Oyate shall be governed by a Council, and. VII, Séction 1, states that,

the Council shall have the following powers?*( represent the Tribe in all

negotiations with Federal, State.and locali ‘governments;‘(b) to acquire, own, use,

manage, lease and otherwise- encumber and to. dispose of Tribal property, both

real and personal, wherever situated: (c) to engage in any business that will

further the economic development: of the ‘Tribé:: and its Members, and to use

Tribal funds or other resources: for such purposes; (d) to make rules governing

the relationship. of the: members of the Tribe, to Tribal property, and to one

another as mernbers of the Tribe; (e) to: hire employees and agents, including

legal counsel, directly, or as independent. contractors, and to compensate them

for their services; (f) to deposit: “Tribal funds to the credit of the Tribe, without

limitations of the amount in any account; (g) to take any action by ordinance,

resolution, or otherwise which. are reasonably necessary through committees,

boards; “agents. or otherwise, to carry into effect the for-going purposes; (h) to

promote\<public “health, education, charity, and such other services as may

contribute ‘to-the social advancement of the members of the Sisseton-Wahpeton

:aGy-adopt; resolutions regulating the procedures of the Tribal Council, its

id corvimittees in the conduct of Tribal Affairs; and

‘November 1, 2013, the Tribal Council held a drug retreat to discuss

: jethamphetamine prevention and proposed amendments to the Sisseton-

Se Wahpeton Oyate Codes of Law that would adequately address

methamphetamine prevention within the community; and

WHEREAS, |

WHEREAS, The attendance of the retreat included members from the Judicial Committee,

Tribal Council, Methamphetamine Prevention Program, Executive Committee,

Court Advocates, and interested Community Members; and,

WHEREAS, Pursuant to the ongoing issues with methamphetamine use, distribution, and

manufacturing that was brought to the attention of Tribal Council through the

community and programs Tribal Council chooses to address the issues though

the Sisseton-Wahpeton Oyate Codes of Law; and,

BIG COULEE * BUFFALO LAKE « ENEMY SWIM + HEIPA/VEBLEN * LAKE TRAVERSE ¢ LONG HOLLOW « OLD AGENCY

TRIBAL COUNCIL RESOLUTION NO. SWO-14-112 Page 2

Amend SWO Codes of Law - Pertaining to Methamphetamine Prevention

WHEREAS, The SWO _ Judicial Committee has been presented with the proposed

amendments in order to solicit comments and recommendations of Chapter 7

(Landlord Tenant Law), Chapter 24 (Penal Code), Chapter 36 (Aicoho! and Drug

Treatment Act), Chapter 38 (Juvenile Code), Chapter 60 (Child Care Ordinance),

and Chapter 66 (Education Code), and now recommends passage of the

amendments.

NOW THEREFORE, BE IT RESOLVED that the Tribal Council of the Sisseton-Wahpeton

Oyate of the Lake Traverse Reservation, hereby approves of the revised and

amended Chapter 7 (Landlord Tenant Law), Chapter 24 (Penal Code), Chapter

36 (Alcohol and Drug Treatment Act), Chapter 38 (Juvenile Code), Chapter 60

(Child Care Ordinance), and Chapter 66 (Education Code), and all previous

versions of these chapters are hereby repealed and superseded by passage of

the amended version of each of these codes; and

BE IT FURTHER RESOLVED that the SWO Legal Department is hereby authorized to post

Chapter 7 (Landlord Tenant Law), Chapter 24 (Penal Code), Chapter 36 (Alcohol

and Drug Treatment Act), Chapter 38 (Juvenile Code), Chapter 60 (Child Care

Ordinance), and Chapter 66 (Education Code), on the Tribe’s website for public

information purposes; and

BE IT FINALLY RESOLVED that the Chairman and Secretary of the Sisseton-Wahpeton Tribal

Council are hereby authorized and instructed to sign this Resolution for and on

behalf of the Tribal Council.

CERTIFICATION

We, the Undersigned duly elected Tribal Chairman and Tribal Secretary of the

Sisseton-Wahpeton Oyate Tribal Council, do hereby certify that the above resolution was duly

adopted by the Sisseton-Wahpeton Oyate Tribal Council, which is composed of 10 members

(representing a total of 15 Tribal Council weighted votes and.two Executive Committee votes for

a total of 17 votes) of whom 10 constituting a quorum, were present at a Tribal Council meeting,

duly noticed, called, convened and held at the TiWakan Tio Tipi, Agency Village, South Dakota,

vember 5, 2014, by a vote of 17 for, OQ opposed, OQ abstained, 0 absent from vote, 1 not

No _ £74, ;

voting, and that said Resolution has not been rescinded or amended in any way.

Dated this 5" day of November 2014.

Robert ix SY Tribal Chairman

ATTEST: Sisseton-Wahpeton Oyate

Resin s2y. m

Robin Quinn, Tribal Secretary

Sisseton-Wahpeton Oyate