RESOLUTION NO. 98-4-69

A Resolution Adopting A Jail Costs Reimbursement Policy

WHEREAS, the Swinomish Indian Tribal Community is a federally recognized Indian Tribe organized pursuant to Section 16 of the Indian Reorganization Act of 1934; and

WHEREAS, the Swinomish Indian Senate is the governing body of the Swinomish Indian Reservation located near the town of LaConner, Washington; and

WHEREAS, Article VI, Section 1 (h) and (k) of the Swinomish Constitution and Bylaws of the Swinomish Indian Tribal Community provides authority for the Swinomish Indian Senate to adopt policies governing the conduct of its tribal members, its courts of law and the overall administration of justice on the Swinomish Reservation; and

WHEREAS, the Swinomish Indian Senate has adopted tribal ordinances and laws providing for the imposition of penalties on any tribal member within our reservation boundaries who has been convicted of a crime or violation of a tribal court order; and

WHEREAS, such penalties may include fines, jail time and community service; and

WHEREAS, the costs to the Tribal Community of incarcerating tribal members has continued to rise each year resulting in the diversion of significant tribal resources away from valuable tribal programs and projects; and

WHEREAS, other tribal and state jurisdictions routinely assess individuals for the costs of their incarceration: NOW THEREFORE,

BE IT RESOLVED by the Swinomish Indian Senate, that henceforth Swinomish Tribal Court shall implement a tribal policy of assessing all individuals who are sentenced to jail for the conviction of a crime or the violation of a valid court order, for the costs of their incarceration; and

BE IT FURTHER RESOLVED that in the event such costs are not reimbursed to the Tribe (either in money or by agreed upon community service), they shall become an unpaid debt owed to the Swinomish Tribe, and collectable as any outstanding judgment would be (including garnishment of wages and seizure of property).

Brian Cladoosby, Chairman
Swinomish Indian Senate

CERTIFICATION

As Secretary of the Swinomish Indian Senate, I hereby certify that the foregoing resolution was approved at a __REGULAR__ Meeting of the Swinomish Indian Senate held on April 8 1998, at which time a quorum was present and the resolution was passed by a vote of 9 FOR, 0 AGAINST and 0 ABSTENTIONS.

Lydia Charles, Secretary
Swinomish Indian Senate