CHAPTER 36
ALCOHOL AND DRUG ABUSE 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 Sioux 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 police and other
law enforcement agencies of an inappropriate burden that impedes their important
work and better serves the interest of the public;
2. 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;
3. Alcohol and drug related offenses cost the Tribe and its members great
economic loss.
4. Alcohol and drug related offenses seriously threatens the social and economic
stability and security of the Tribe and many families;
5. 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
6. 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.
36-03-02 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.
36-03-03 Director - shall mean the Director of the Alcohol Program.
36-03-04 Alcohol Program - is the Tribal Alcohol Program. i. W. S. T. CODE
36-03-05 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.
36-04-06 Intoxicated Person - is a person whose mental or physical state is substantially impaired by the use of alcohol or drugs.
36-03-07 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.
36-04-01 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.
36-05-01 STATISTICAL DATA
The Alcohol Program shall keep statistical information, on number of persons
treated, frequency of admission and readmission, and duration of treatment.
36-06-01 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.
36-07-01 RULES AND POLICIES FOR TREATMENT
The Alcohol Program shall adopt rules for the treatment of persons in the
program.
36-08-01 APPLICATION FOR VOLUNTARY TREATMENT
Any person may apply for voluntary treatment directly to the Alcohol Program or
other treatment facility.
36-08-02 A person who voluntarily admits him/her self for treatment must comply with all established procedures.
36-09-01 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
36-09-02 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.
36-09-03 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.
36-09-10 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.
36-10-01 PROTECTIVE CUSTODY NOT AN ARREST
Protective custody under this section is not an arrest.
36-11-01 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.
36-12-01 POLICE NOT CRIMINALLY OR CIVILLY LIABLE
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.
36-13-01 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.
Judicial Approved 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.
36-14-01 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,
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.
36-15-01 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.
36-16-01 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 for the purposes of examination if a certificate of examination does
not accompany petition, and for respondents 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.
36-17-01 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.
36-18-01 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 later 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.
36-19-01 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.
36-20-01 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.
36-21-01 If personal service can not be made on respondent, the summons shall be published for 3 week(s).
36-22-01 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 beheld in Contempt of Court.
36-23-01 PRESENCE OF RESPONDENT AT THE HEARING
The person requiring treatment shall be present at all hearings with counsel.
36-24-01 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.
36-25-01 RECORDS TO BE CONFIDENTIAL
All records and information on 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.
36-26-01 AMENDMENTS
This chapter may be amended by a 3/4 vote of the Tribal Council.
36-27-01 SEVERABILITY
If any clause, sentence, paragraph, section, or part of this code shall, for any
reason be adjudicated by any Court of competent jurisdiction, to be invalid or
unconstitutional, such judgement 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 judgement shall have been rendered.