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Chronology of the Sipayik Criminal Justice Commission

  • July 2003 Jamie Bissonette comes to meet with Tribal Members
    Concerned about the death of Peter Gabriel. It is agreed that Jamie
    will take affidavits from individuals who were in jail with Peter and
    monthly meetings of this concerned group will take place.
  • October 2003 The Criminal Justice Working Group is founded.
    The group begins to look at the problems and “What is Possible?” The group
    agrees that, as a small group, we have to focus on the possible and the
    doable. For the next year, many conversations with Tribal Members take
    place, information is gathered and affidavits are taken.
  • July 2004 Know Your Rights Training at the Native Youth Gathering.
  • September 2004 Monthly Know Your Rights trainings take place. Eventually, over 300 Tribal Members are trained.
  • December 2004 The Criminal Justice Working Group decides it has enough information to go to the Tribal Council.
  • January 2005 The Working Group reports its findings to the Tribal Council. The Tribal Council appoints a formal Commission to advance the
    concerns of the Working Group and determine the affect that substance
    abuse is having on the high incarceration rate of Tribal Members.
  • February 2005 The Commission is selected and begins meeting monthly.
  • March 15, 2005 Denise meets with Senator Kevin Raye to discuss the Washington County Drug Court and Washington County Jail.
  • March 27, 2005 Denise meets with Hartwell Dowling, Director of Maine’s Drug Courts which was schedule by Senator Raye.
  • April 1, 2005 Denise, Jamie and Daureen attend the launching of the National Campaign to end solitary confinement.
  • August 2005 The SCJC sets priorities to work on, “Major Areas of
    Concern”; racism, substance abuse and treatment of prisoners.
  • John Preston, Jamie Bissonette and Richard Silliboy attend the
    International Chief of Police meeting in New Hampshire where
    sovereignty and jurisdictional issues were discussed.
  • Denise, Jamie, Annette and Daureen meet with Sheriff Joseph,
    Tibbetts and Jail Administer, Robert Gross. Strip Searches, detox of
    addicted prisoners, racism and lack of medical treatment is discussed.
    We are allowed to go into the jail and meet with all Native inmates to
    hear their immediate concerns.
  • September 2005 Joey Barnes and Denise Altvater negotiate a mechanism for Joey Barnes to bring detainees their medications while awaiting trial at the WCJ.
  • October 2005 At the request of Arnie Neptune, the SCJC initiates conversation with Maine Civil Liberties Union to address the Settlement
    Agreement negotiated by the Sacred Feathers, A Native American Circle
    at Warren. This agreement was due to expire in January 2006.
    Ultimately, the DOC agreed to continue to honor the agreement and
    expand the Religious Rights of Native prisoners.
  • October 20, 2005 Governor Melvin Francis addressed the SCJC asking the Commission to focus on racism in parole, probation and the courts.
  • November 17, 2005 The SCJC holds a meeting including Legal Services Attorneys, and the Director of the Maine Civil Liberties Union. Four
    Tribal Members testify to their experiences in the State Prisons and
    County Jails. PTLS and MCLU commit themselves to work with the SCJC to
    address the legal violations these and other Tribal Members have
    experienced.
  • January 9, 2006 The SCJC formally requested legislation that would:
    “Appoint a Tribal Probation/Parole Officer from among the Tribes of
    Maine to carry out adequate supervision of Native probation and
    parolees in Washington, Aroostook, and Penobscot Counties.”
  • Jamie Bissonette begins meeting with Native prisoners at the Maine State Prison.
  • February 16, 2006 Denise and Jamie meet with Cote Choneska at the Maine
    State Prison to discuss the Sacred Feathers group and current agreement
    with the Department of Corrections which has expired.
  • March 6, 2006 Met with the Maine Indian Tribal State Commission (MITSC) and later with the Senate President, the Speaker of the House
    and the Chair of the Judiciary Committee to discuss the findings of the
    SCJC. Special focus was placed on: racism in parole and probation,
    strip searches, health care, and reintegration. Disparities in
    treatment of Tribal Members was highlighted.
  • March 13, 2006 The Commission Drafts its first report on the Substance Abuse and Drug Courts. This report was redacted into a presentation for the Tribal Council.
  • March 16, 2006 Report to Tribal Council; Denise Altvater (overview), Viola Francis (restorative justice), Mary Bassett (Addiction as a
    Disease), Carol Francis (Recommend response to Substance Abuse) and
    Paul Thibeualt (Strip Searches and Conditions of Confinement) reported
    on aspects of the SCJC’s work.
  • March 28, 2006 Martin Magnusson, Commissioner of Corrections responds to the complaints raised by the SCJC. The Commissioner agrees
    to work with the SCJC to develop an Annual Training in Cultural
    Diversity, work with the SCJC to assure equitable treatment of Native
    prisoners at the State Prison and County Jails, investigate parole and
    probation treatment of Native People, investigate strip search
    procedures at the WCJ, and other complaints regarding medical treatment
    and detoxification of inmates. He also committed to have the Attorney
    Generals office develop strip search rules for the state.
  • March 29, 2006 Denise Meets with Richard Nichols Chief Inspector from
    the Inspection Division of the Department of Corrections who will be
    conducting the investigation into the Washington County Jail and
    Probation services.
  • May 14-18, 2006 Denise, Jamie and Annette attend the United Nations
    Forum on Indigenous Issues to bring attention to the treatment of
    Maine’s Indigenous People.
  • May 25, 2006 SCJC awarded a $10,000.00 local grant to implement a
    “Wabanaki Approach to Community Healing,” from the Washington County
    Drug Action Team.
  • June 1, 2006 Proposed “Rules for Searches” sent to SCJC for review.
  • June 2006 Criminal Justice Commission meets with the candidates for Washington County Sheriff at the request.
  • July 5, 2006 Denise and Jamie meet at Warren with Commissioner of
    Corrections-Martin Magnusson, Deputy Commissioner- Denise Lord,
    Assistant Attorney General-Dianne Sleek and the Assistant Warden to
    discuss issues related to Native prisoners having access to spiritual
    ceremonies and medicines, the possibility of a Sweat Lodge at the
    Prison and spiritual leaders having the same access to Native prisoners
    as other religious groups.
  • July 18, 2006 Denise and Jamie are interviewed on the one hour Native Voices Program, WERU Blue Hill.
  • July 19, 2006 Response to Proposed rules was sent to Dianne Sleek, Assistant Attorney General. The SCJC reached out to Pine Tree Legal
    Services Native American Unit, the Maine Civil Liberties Union and the
    Maine Commission on Discrimination. All sent comments.
  • September 26, 2006 Final “Rules for Searches” promulgated. Effective October 9, 2006. Most of the recommendations of the SCJC were ignored.
    The criteria used to determine strip searches remained overbroad and
    the language vague. The following three lines were added:

    1. Persons conducting or observing the search shall treat the arrestee with respect to minimize embarrassment and indignity.
    2. Once remanded by a court to a facility, the person is no longer considered an arrestee.
    3. Where the justification or a warrantless search is consent, the
      written consent must be kept by the law enforcement agency for a
      minimum of seven years.
    The word “sex” was changed to “gender.”