I.
|
ESTABLISHMENT
|
|
There is
established the Office of Probation and Parole Services within
the Administrative Offices of the Courts of the Judicial Branch
of the Navajo Nation.
|
II.
|
PURPOSE
|
|
A.
|
To enhance the
safety of the community by reducing the incidence of criminal
acts by persons convicted of a crime.
|
|
B.
|
To facilitate or
perform needs assessments for adult and juvenile
client-offenders, persons in diversion programs, and defendants,
whether in the community or in detention, and/or their families.
|
|
C.
|
To provide case
management, referrals for treatment/counseling, and probation
and parole supervision to adult and juvenile client-offenders,
persons in diversion programs, and defendants, both in the
community and in detention, utilizing the inter-disciplinary
approach and family and community participation in order to
enable their reintegration back into society as law-abiding and
productive members of the community.
|
|
D.
|
To perform
indigency determination.
|
III.
|
STAFFING AND ORGANIZATION
|
|
A.
|
STAFFING
|
|
|
1.
|
The following positions are established within the Office of
Probation and Parole Services:
|
|
|
|
a.
|
Chief Probation Officer who, under the general direction and
guidance of the Chief Justice of the Navajo Nation or designee
shall be responsible for carrying out the above purposes of the
Office of Probation and Parole Services and overseeing its
overall administrative functions in compliance with all
applicable laws.
|
|
|
|
b.
|
Senior Probation Officers who, under the general supervision of
the Chief Probation Officer, shall be responsible for regional
or district administrative function and services.
|
|
|
|
c.
|
District Court Probation Officers, who shall perform services
under the direct supervision of Senior Probation Officers and
general supervision of the Chief Probation Officer.
|
|
|
|
d.
|
Other positions as deemed necessary by the Chief Probation
Officer in accordance with applicable laws.
|
|
|
2.
|
The Navajo Nation Judicial Branch Employee Policies and
Procedures shall be applicable to all Office of Probation and
Parole Services personnel.
|
|
B.
|
ORGANIZAION
|
|
|
The organization structure for the Office of Probation and
Parole Services is attached Exhibit “B.”
|
IV.
|
RESPONSIBILITY AND AUTHORITY
|
|
The Office of Probation and Parole Services shall have the
following powers and responsibilities:
|
|
A.
|
To implement the
administrative structure and operating policies and procedures
necessary to effectuate its legislated purposes in compliance
with established Judicial Branch rules, regulations and
policies.
|
|
B.
|
To perform its
functions and services within the judicial districts of the
Navajo Nation presently established and which may be established
in future.
|
|
C.
|
To ensure that an
adult or juvenile person in diversion, probation, or supervised
release fulfills the conditions and obligations imposed by the
sentencing court. This includes the power and responsibility:
|
|
|
1.
|
to monitor supervisees;
|
|
|
2.
|
to assist the supervisee if hardship prevents fulfillment of
conditions;
|
|
|
3.
|
to return to court with a recommendation for modification of
conditions;
|
|
|
4.
|
following a needs assessment, to make treatment referrals, to
independently specify details when the court has imposed general
conditions, and to require traditional group education as a
condition of supervision without need for a court order
|
|
D.
|
To gather, exchange
and maintain information and ideas in order to provide more
efficient probation and parole services to the Navajo people.
|
|
E.
|
To provide
information to courts, agencies and the community. This power
and responsibility includes provision of information to courts
and agencies through assessments, reports and testimony; and to
schools, organizations and the community through community
outreach and education in order to ensure the reintegration of
supervisees and the safety and participation of the community.
|
|
F.
|
To perform
independent investigations and question individuals, including
families, friends, schools and agencies for
information-gathering purposes in order to generate necessary
assessments and recommendations.
|
|
G.
|
To ensure public
safety through appropriate supervision of adult or juvenile
persons in diversion, probation or on supervised release under
the jurisdiction of the Navajo Nation Courts, including courtesy
supervision to transferees from other jurisdictions, and
supervision of federal probationers or parolees in partnership
with federal agencies as permitted by law. This power and
responsibility includes visits to homes, schools and places of
employment and the ability to perform drug and alcohol tests.
|
|
H.
|
To ensure
rehabilitation, accountability and personal responsibility by
using all practical resources to encourage community
re-integration, competence, self-worth and self-improvement.
|
|
I.
|
To make
recommendations to the courts calculated to assist the client’s
reintegration into the community in a well-structured manner
that includes community and family engagement.
|
|
J.
|
To provide
efficient pre-disposition reports, needs assessments and
indigency determinations where proper and necessary.
|
|
K.
|
To access adults
and juveniles in detention in order to obtain information for
assessments and reports; and to provide case management services
for purposes of ensuring their well-being in detention and
smooth reentry back to the community.
|
|
L.
|
To partner with the
Peacemaking Program in facilitating and providing direct
traditional services.
|
|
M.
|
To continually
develop and maintain secured, current and accurate case records.
|
|
N.
|
To promote
community wellness and harmony.
|
V.
|
LEGISLATIVE OVERSIGHT
|
|
The Law and Order Committee of the Navajo Nation Council shall
provide oversight for the Office of Probation and Parole
Services.
|
VI.
|
AMENDMENTS
|
|
This Plan of Operation may be amended by the Law and Order
Committee of the Navajo Nation Council.
|