Pilot Project

On March 5, 2008, the Tuba City Judicial District Pilot Project commenced.  Rules and procedures for the Pilot Project were established at that time and revised on April 2, 2008.  There will be continuing discussions and revisions of the Pilot Project rules and regulations during the project period. 

All current rules and regulations of the Pilot Project are incorporated by reference in these Standard Operating procedures and are immediately applicable in the judicial district(s) covered by the Pilot Project. 

Upon completion, the Pilot Project model may be applied in all judicial districts pursuant to appropriate procedures without need for further amendment of these Standard Operating Procedures.

PURPOSE

In 2007, the Department of Corrections approached the Judicial Branch with a request that, where permitted by law, courts pursue alternative sentencing due to the crisis in jail space on the Navajo Nation.  This request was conveyed to the Chief Probation Officer in order to ensure that PPOs responsible for preparing pre-sentence reports were aware of the need.

Alternative sentencing thus far includes Anglo-style supervised and unsupervised probation with searches, testing, walk-in treatment, and/or community service.  Judges in all judicial districts reported that incarceration remained the best, if not the only option given a lack of alternative sentencing resources.  Long-term residential treatment for serious alcohol and substance abuse-related offenders is a non-option in most cases due to limited bed space, lengthy wait periods, and distant location.  Traditional ceremonies and teachings are not addressed in most districts.  The referral and partnership role of PPS with service providers has also been under-developed.  The involvement of family and community participation  other than agencies overseeing community service is also under-developed.  Finally, PPS field offices reported administrative difficulties in performing field work and securing service provider resources and traditional culture training. 

The Pilot Project is intended to address the reported administrative difficulties and maximize the functions of PPS field offices in performing field work, involving community participation, securing partnerships, maximizing knowledge of traditional Diné culture practitioners and practices, pursuing grants, and effectuating a regimen of community-based supervision that works toward restorative justice in every respect.