Council of the Cherokee Nation - File #: 22-075

• File #: 22-075
• Version: 1
• Name: N/A
• Type: Resolution
• Status: Reported from Committee
• File created: 9/2/2022
• In control: TRIBAL COUNCIL
• On agenda: 9/12/2022
• Final action: 9/19/2022
• Enactment date: 9/12/2022
• Enactment #: R-044-22
• Title: A RESOLUTION ENDORSING AN INTERGOVERNMENTAL DETENTION AGREEMENT BETWEEN CHEROKEE NATION AND LIMESTONE COUNTY, TEXAS
• Sponsors: Mike Shambaugh, Victoria Vazquez, Keith Austin, Daryl Legg, E. O. "JR." Smith, Candessa Tehee, Dora Patzkowski, Joe Deere, Julia Coates
• Indexes: Agreement, Marshal Service
• Code sections: N/A - Not Applicable

Date	Ver.	Action By	Action	Result
9/19/2022	1	OFFICE OF THE CHIEF	Signed
9/12/2022	1	TRIBAL COUNCIL	Approved	Pass
9/12/2022	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass

Title

A RESOLUTION ENDORSING AN INTERGOVERNMENTAL DETENTION AGREEMENT BETWEEN CHEROKEE NATION AND LIMESTONE COUNTY, TEXAS

Body

WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government in behalf of the Cherokee people;

WHEREAS, with more than 430,000 citizens, the Cherokee Nation is the largest federally recognized Indian Tribe with a historic and continual government to government relationship with the United States of America;

WHEREAS, Cherokee Nation has a duty and responsibility to provide public safety across the Cherokee Nation Reservation and part of that duty includes housing inmates who have been convicted of crimes and sentenced to incarceration by the Cherokee Nation District Court;

WHEREAS, since the Hogner decision, which recognized that the Cherokee Nation Reservation was never disestablished, the Cherokee Nation has prosecuted more than 5,500 criminal cases;

WHEREAS, the current detention agreements with county and local jails are not sufficient for post-conviction incarceration;

WHEREAS, neither the State of Oklahoma Department of Corrections nor private facilities in the state could or would meet the detention needs of the Cherokee Nation regarding incarceration;

WHEREAS, the Cherokee Nation Marshal and Attorney General have negotiated a post-conviction detention contract with Limestone County, Texas and LaSalle Corrections, LLC to house detainees sentenced to such terms of incarceration by Cherokee Nation District Court;

WHEREAS, the Principal Chief, the Marshal, and the Attorney General have determined that it is necessary for Cherokee Nation to enter this contract in order to ensure public safety on the Reservation;

BE IT RESOLVED BY THE CHEROKEE NATION, that the Council of the Cherokee Nation expressly endorses the Intergovernmental Agreement between Cherokee Nation; Limestone County, Texas; and LaSalle Corrections, LLC.