U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin Jails in Indian Country, 2000 June 2001, NCJ 188156 -------------------------------------------------------- This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.wk1) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/jic00.htm This report is on in a series. More recent editions may be available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#jic -------------------------------------------------------- By Todd D. Minton BJS Statistician -------------------------------------------------------- Highlights At midyear 2000 jails in Indian country supervised 1,799 persons Number of inmates, June 30 2000 1999 Total 1,799 1,693 In custody 1,775 1,621 Adult 1,498 1,354 Juveniles 277 267 Community supervision 24 72 Inmate movement, June 1-30 Admissions 7,151 8,147 Discharges 7,201 7,744 * On June 30, 2000, Indian country facilities held 1,498 adults and 277 juveniles. In the 12 months ending June 30, 2000, the number of inmates in custody increased 9.5%. * In a 1-month period, June 2000, facilities in Indian country admitted 7,151 inmates and discharged 7,201 inmates. 69 facilities were operating in Indian country, with the capacity to hold 2,076 persons on June 30, 2000 2000 1999 Rated capacity 2,076 2,065 Percent of capacity* June 30 86 % 78 % Peak day in June 118 111 *Number of inmates in custody divided by rated capacity. * On June 30, 2000, 69 jails in Indian country were operating at 86% of capacity. On their peak day in June 2000, jails were operating at 118% of capacity, up from 111% in 1999. 17 jail facilities operating in Indian country expect an increase of 1,108 beds before July 2003 Planned changes, Number 2000-2003* of facilities Add to existing facility 4 Build a new facility 12 Renovate facility 11 Close facility 3 Expected increase in capacity 1,108 beds *Five facilities reported more than one type of change. * From 2000 to 2003, 25 jails planned to expand, renovate, or close the existing facility, or to build a new facility. Seventeen facilities expected to increase capacity by 1,108 beds; 8 facilities expected to build a new facility or renovate or replace existing space without adding beds. --------------------------------------------------------- On June 30, 2000, a total of 69 jails, confinement facilities, detention centers, or other correctional facilities were supervising 1,799 persons in Indian country, an increase of 6% from the previous year. At midyear 1999, 1,693 persons were under the supervision of jails in Indian country. Indian country facilities held 1,775 inmates at midyear 2000, up from 1,621 at midyear 1999. Jail authorities also supervised 24 offenders in alternative programs outside the jail facilities. The 69 facilities had a rated capacity to hold 2,076 persons. On June 30, 2000, they were operating at 86% of capacity, up from 78% at midyear 1999. On their peak day in June 2000, the 69 jails were operating at 118% capacity, up from 111% in 1999. Seventeen jails reported plans to increase capacity by 1,108 beds before July 2003. These data are based on the 2000 Survey of Jails in Indian Country (SJIC). The survey includes all jails, confinement facilities, detention centers, and other correctional facilities located in Indian country and operated by tribal authorities or the U.S. Bureau of Indian Affairs (BIA). The survey gathers information on the number of persons in custody, the number under community supervision, offender characteristics, and facility capacity. Tribes retain jurisdiction over many crimes by American Indians and Alaska Natives in Indian country Thirty-three States contain around 300 Indian land areas or reservations. Generally, the local governing authority on an Indian lands is a tribal government or council. Jurisdiction over crimes in Indian country depends on several factors, including the identity of the victim and the offender, the severity of the crime, and where the crime was committed. Tribal authority to sentence offenders is limited to 1 year or less of imprisonment and a $5,000 fine (25 U.S.C. sec.1302(7)). City or county jails held over 3 times as many American Indians as jails in Indian country. (American Indians in this report includes Alaska Natives.) At midyear 2000 local jails held an estimated 5,500 American Indians, some of whom may have been adjudicated by a tribal criminal justice system and housed in jails under contract with tribal governments. Overall, State, Federal, local, and tribal authorities were supervising 47,828 American Indians. Most were under community supervision (27,590). Number of American Indians and Alaska Natives 6/30/00 Total 47,828 In custody 20,238 Local jails* 5,500 Jails in Indian country 1,775 State prisons 11,085 Federal prisons 1,878 Under community supervision 27,590 State/Federal, 12/99 Probation 23,518 Parole 4,048 Indian country 24 *Estimated from 2000 Annual Survey of Jails. A total of 20,238 American Indians were in custody at midyear 2000, most of whom were held in State prisons (11,085). On April 1, 2000, 2,475,956 American Indians and Alaska Natives lived in the United States.***Footnote 1: U.S. Census Bureau, 2000 of Population and Housing.*** American Indians account for under 1% of the U.S. resident population and around 1% of those in custody of jails or prisons. At midyear 2000 the rate of incarceration for American Indians was about 15% higher than the overall national rate. Federal and State prison and jail authorities held 818 American Indians per 100,000 Indians, compared to 702 persons of all races per 100,000 U.S. residents.***Footnote 2: For additional information on American Indians under correctional supervision outside Indian country, see American Indians and Crime, BJS report, February 1999, NCJ 173386.*** -------------------------------- Criminal jurisdiction in Indian country Tribal jurisdiction * Crimes committed by Indians in Indian country. Sentences are limited to 1 year or less and a $5,000 fine per offense. 25 U.S.C. sec. 1302(7) Federal jurisdiction * 14 crimes under the Major Crimes Act of 1885. 18 U.S.C. sec. 1153 State jurisdiction * All crimes on tribal lands specified under Public Law 280, 18 U.S.C. sec. 1162 Note: Criminal jurisdiction in Indian country depends on several factors, including the identity of the defendant, victim, type of offense, and where the crime was committed. ---------------------------------- On June 30, 2000, jails in Indian country supervised 1,799 persons Jails in Indian country held 1,775 inmates in custody and supervised an additional 24 persons in the community on June 30, 2000. The number of persons under supervision was up 6% from the previous year, when 1,621 inmates were in custody, and 72 persons were under community supervision. Sixty-one percent of those held in jails at midyear 2000 were convicted, down from 75% in 1999. On June 30, 2000, jails in Indian country held 1,072 convicted offenders and 689 inmates who were unconvicted, or awaiting adjudication. At midyear 1999, 1,200 inmates in custody were convicted, and 409 unconvicted. Juveniles accounted for nearly 16% of inmates in custody At midyear 2000, jails in Indian country held 1,498 adults, 81% male and 19% female. Juveniles (persons under age 18) accounted for almost 16% of the total custody population. Three-quarters of the juveniles were male, and a quarter female. On June 30, 2000, 14 juveniles were being held as adults, down from 20 on June 30, 1999. 90% of confined inmates held for misdemeanors; 15% for DWI/DUI Regardless of conviction status, 1,560 inmates (90% of inmates with a known offense) were being held for a misdemeanor. Ninety-seven inmates were being held for a felony, and 71 for other reasons, including protective custody, detoxification, involuntary commitment order, uncontrollable juvenile behavior, pick-up orders, and pending charges. On June 30, 2000, 15% of confined inmates were being held for driving while intoxicated or driving under the influence of alcohol or drugs (274), and 7% for a drug law violation (133). Fifteen percent of inmates in custody of jails in Indian country were undergoing drug or alcohol detoxification (263). From 1999 to 2000, admissions declined 12%, and discharges, 7% Compared to June 1999, admissions and discharges were down during June 2000. In June 2000, facilities in Indian country admitted 7,151 persons, a decrease from 8,147 persons admitted in June 1999. The number of inmates discharged was also down, from 7,744 during June 1999 to 7,201 during June 2000. Jail authorities reported two inmate deaths during the 12-month period ending June 30, 2000. One inmate committed suicide, and one died of unspecified causes. During this time, 151 inmates attempted suicide, up from 103 during the previous 12-month period. On June 30, 2000, 24 persons under community supervision, down from 72 the previous year Among those under community supervision at midyear 2000, 18 persons were required to perform community service, 2 were on home detention, 3 were sentenced to day reporting, and 1 was under some other form of supervision. No person under community supervision by Indian country jails was monitored electronically on June 30, 2000, compared to 14 persons in 1999. The 10 largest jails housed 45% of inmates in Indian country On June 30, 2000, the 10 largest jails in Indian country housed 806 inmates. Arizona had 8 of the 10 largest jails in Indian country. Combined, the 10 facilities had a rated capacity of 625 inmates, or 30% of the total rated capacity of all facilities in Indian country. The Gila River Department of Corrections and Rehabilitation, operating at 148% of its rated capacity, held the largest number of inmates (166). The Tohono O'odham Detention Center, operating at 344% of its rated capacity, had the next largest population (117). Jails holding 24 or fewer inmates at midyear 2000 comprised nearly 70% of all Indian country facilities. Twenty-two facilities, 2 of which had no inmates, reported fewer than 10 inmates. Nine facilities held 50 or more inmates and accounted for 13% of all jails in Indian country. Number of Percent of Facility size* facilities all facilities Total 69 100% Fewer than 10 inmates 22 32% 10 to 24 24 35 25 to 49 14 20 50 or more 9 13 *Custody population on June 30, 2000. Indian country jails operated at 118% of capacity on peak day in June 2000, up from 111% in 1999 Combined, the 69 facilities had a rated capacity to confine 2,076 persons on June 30, 2000. Rated capacity is the maximum number of beds or inmates allocated by rating officials to each jail facility. On June 30, 2000, jails in Indian country were operating at 86% of capacity, up from 79% of capacity in 1999. On their peak day in June 2000, jails were holding 2,441 inmates in custody, up from 2,289 on their peak day in June 1999. 2000 1999 Rated capacity 2,076 2,065 Percent of capacity On June 30 86 % 78 % Peak day in June 118 111 Thirty facilities were operating above 100% of capacity in 2000. In June 1999 over half of the facilities were operating above 100% of capacity. Sixteen jails in Indian country were operating above 150% of capacity on their peak day in June 2000. These 16 were in 7 States: Arizona (5 facilities), Montana (4), New Mexico (2), South Dakota (2), and North Dakota, Nebraska, and Minnesota (1). On its peak day in June 2000, the Pine Ridge Correctional Facility in South Dakota operated at 391% of capacity, with 86 inmates in custody and a rated capacity of 22. Two other facilities reported operating at over 300%: Tohono O'odham Detention Center (368%) and the Navajo Department of Corrections-Tuba City (318%). Medium-sized facilities reported the highest occupancy rates on their peak day in June 2000 Facilities with a rated capacity of 10 to 49 beds reported the highest occupancy rates on their peak day in June 2000. On the jails' most crowded day in June, occupancy was about 128% of rated capacity. Occupancy was 119% of capacity in jails rated to hold fewer than 10 inmates, compared to 98% in those rated to hold 50 or more inmates. Percent of capacity occupied on peak Capacity of facility day in June 2000 Total 118% Fewer than 10 inmates 119 10 to 24 129 25 to 49 127 50 or more 98 11 jail facilities in Indian country under a court order or consent decree on June 30, 2000 At midyear 2000, 11 facilities were under a court order or consent decree to limit the number of inmates they could house. Five of those facilities were under multiple court orders or consent decrees, including to detain persons in a humane condition, to hold inmates for 48 hours only, and to reduce overcrowding. Seventeen jails expected to increase capacity by 1,108 beds before July 2003. Four jails planned to expand the existing facility, 12 had definite plans to build a new facility, 11 planned to renovate, and 3 planned to close and build a new facility. Methodology "Indian country" is a statutory term that includes the following: all lands within an Indian reservation; dependent Indian communities; and Indian trust allotments (18 U.S.C. sec. 1151). Courts interpret section 1151 to include all lands held in trust for tribes or their members. See United States v. Roberts. 185 F.3d 1125 (10th Cir. 1999). Tribal authority to imprison Indian offenders is limited to 1 year per offense by statute (25 U.S.C. sec. 1302). Tribal law enforcement agencies act as first responders to both felony and misdemeanor crimes. For most of Indian country, the Federal Government provides felony law enforcement concerning crimes by or against Indians. Certain areas of Indian country are under Public Law 83-280, as amended P.L. 280 conferred jurisdiction on certain States over "Indian country" and suspended enforcement of the Major Crimes Act (18 U.S.C. section 1153) and the General Crimes Act (18 U.S.C. section 1152) in those areas. Indian tribes retain concurrent jurisdiction to enforce laws in Indian country where P.L. 280 applies. BJS conducted the Survey of Jails in Indian Country (SJIC) to describe all adult and juvenile jail facilities and detention centers in Indian country. For purposes of this report, Indian country includes reservations, pueblos, rancherias, and other appropriate areas (18 U.S.C. section 1151). The reference date for the survey was June 30, 2000. The SJIC was initiated in 1998 as a component of the Annual Survey of Jails (ASJ). The ASJ is conducted in each of the 4 to 5 years between the Census of Jails. The 2000 ASJ consisted of a sample survey of 833 local jail jurisdictions, a survey of the Nation's 44 multi-jurisdictional facilities, and a survey of the 69 facilities in Indian country. (For sampling information, see Prison and Jails Inmates at Midyear 2000, BJS Bulletin, March 2001, NCJ 185989.) In 1998 the Office of Law Enforcement Services, Bureau of Indian Affairs (BIA), U.S. Department of the Interior, provided a complete list of 74 Indian country jail facilities. Since 1998, 2 facilities were abandoned, 2 were closed, and 2 were combined into 1 facility, resulting in 69 surveyed facilities. The facilities are in 18 States and are affiliated with 54 Indian tribes. Each facility is defined as a confinement facility, which can include detention centers, jails, and other correctional facilities, operated by tribal authorities or the BIA. Special jail facilities such as medical, treatment, or release centers; halfway houses; and work farms are also included. Data were obtained by mailed questionnaires. Through follow-up phone calls and facsimiles, 68 of 69 facilities responded. Data for the Navajo Department of Corrections in Window Rock, Arizona, are from June 30, 1999. The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Lawrence A. Greenfeld is acting director. BJS Bulletins present the first release of findings from permanent data collection programs. Todd D. Minton collected and processed the data and wrote this report under the supervision of Allen J. Beck. Officials of the Bureau of Indian Affairs, Office of Law Enforcement Services -- William McClure, Detention Program Manager, Ed Naranjo, District V Commander, and Walter E. Lamar, Acting Director -- assisted in obtaining cooperation from facility administrators. Norena Henry, Director, American Indian and Alaska Native Desk, Office of Justice Programs, and Debra Gee, Deputy Director, Office of Tribal Justice, U.S. Department of Justice, reviewed the report. Laura M. Maruschak provided statistical review and verification. Tom Hester edited the report, and Jayne Robinson provided the final production. June 2001, NCJ 188156 End of file 06/21/01 ih 07/02/01 td