A memorandum of understanding announced last week allows Yurok Tribe members convicted of certain crimes to have their charges dropped if they complete the tribe’s Wellness Diversion program. Those charged with low-level misdemeanor and felony charges are eligible, although acceptance into the program will be decided on a case-by-case basis.
The Wellness Diversion program includes conventional resources to reduce recidivism like treatment for substance use, career counseling and housing assistance. But it also involves encouragement to take part in Yurok traditional cultural activities, like fishnet making and collecting firewood for tribal elders. Case workers will continually check in with those in the program, which can last years depending on the crime and member’s situation.
“It is always a pleasure to see our isolated and rural community rely upon each other instead of outside sources,” said Del Norte Superior Court Judge Darren McElfresh in a statement.
Yurok Chief Justice Abby Abinanti explained that reminding members about their responsibility to their community can help keep them out of jail.
“It's just basically two systems that are really different. You have the state system, which is rights and power based. And you have the culture over here that is very responsibility based,” said Abinanti.
The tribe signed a similar agreement with Humboldt County last year. Del Norte County has also already deferred some tribal members into the program. The recent MOU streamlines that process. Abinanti said that the program has shown promise so far.
“What we offer to the state court system and to our members is, ‘Look, you know you blew it. This is not a revelation here. We need you to take responsibility. Let's analyze what your issues are and what you need help with. And we're going to assign people to help you do that,’” said Abinanti.
The tribe sends regular progress reports on participants to the district attorney during the program. If a member doesn’t complete their individually-tailored wellness plan then their charges will be reinstated. Eight members charged with crimes in Humboldt County have graduated from the program so far.
Abinanti said she didn’t know of another diversion program for tribal members like it in the state. She hopes other tribes can use it as a model, while noting the philosophy behind the project is applicable to non-tribal members as well.
