U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin Jails in Indian Country, 2001 May 2002, NCJ 193400 ------------------------------------------------------- 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/jic01.htm This report is one 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 2001 jails in Indian country supervised 2,030 persons Number of inmates, midyear Percent 2001 2000 change Total 2,030 1,853 10% In custody 1,912 1,775 8% Adult 1,600 1,498 7 Juvenile 312 277 13 Community supervision 118 78 51% Admissions, June 1-30 9,697 7,151 36% * On June 29, 2001, Indian country facilities held 1,600 adults and 312 juveniles. In the 12 months ending June 29, 2001, the number of inmates in custody increased 8%. * In a 1-month period, June 2001, facilities in Indian country admitted 9,697 inmates, a 36% increase from June 2000. 68 facilities were operating in Indian country, with the capacity to hold 2,101 persons on June 29, 2001 2001 2000 1999 1998 Number of inmates Midyear 1,912 1,775 1,621 1,479 Peak day in June 2,656 2,441 2,289 2,306 Rated capacity 2,101 2,076 2,065 1,945 Percent of capacity occupied* Midyear 91% 86% 78% 76% Peak day in June 126 118 111 119 *Number of inmates in custody divided by rated capacity. * On June 29, 2001, 68 jails in Indian country were operating at 91% of capacity. On their peak day in June 2001, jails were operating at 126% of capacity, up from 118% at midyear 2000. * Since 1998, the number of inmates in custody at midyear has increased by 29%, and rated capacity has increased 8%. 16 jails in Indian country funded to undergo expansion, replacement, or renovation Planned changes and funding status Facilities Beds Funded plans* Adult 2 129 Juvenile 9 276 Both 5 390 Net change 16 623 Other plans 17 774 *Includes facilities funded in part under the Correctional Facilities on Tribal Lands Discretionary Grant Program, administered by the Department of Justice, Office of Justice Programs. * Sixteen facilities have received funding under the Correctional Facilities on Tribal Lands Discretionary Grant Program to expand, renovate, or close an existing facility, or to build a new facility. When completed, the rated capacity of all jails will total 2,724, a net increase of 623 beds. * Seventeen facilities have final adminis- trative approval for changes in the next 3 years (but funding is pending). ------------------------------------------------------- On June 29, 2001, a total of 68 jails, confinement facilities, detention centers, or other correctional facilities were super- vising 2,030 persons in Indian country, an increase of 10% from the previous year. At midyear 2000, 1,853 persons were under the supervision of jails in Indian country. Indian country facilities held in custody 1,912 inmates at midyear 2001, up from 1,775 at midyear 2000. Jail authorities also supervised 118 offenders under community supervision programs. New admissions to jail increased from 7,151 in June 2000 to 9,697 in June 2001, a 36% increase. The 68 facilities had a rated capacity to hold 2,101 persons, up 1% since 2000. On June 29, 2001, the jails were operating at 91% of capacity, up from 86% at midyear 2000. On their peak day in June 2001, the 68 jails were operating at 126% of capacity, up from 118% in 2000. The number of inmates in custody on the peak day in June has increased 15% since 1998. Sixteen jails indicated plans that will increase capacity by 623 beds when all changes have been completed. These data are based on the 2001 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 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 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. (See box on this page.) Tribal authority to sentence offenders is limited to 1 year of imprisonment and a $5,000 fine or both (25 U.S.C. sec. 1302(7)). Locally-operated 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 2001, local jails held an estimated 6,000 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 49,673 American Indians. Most were under community supervision (28,387). A total of 21,286, American Indians were in custody at midyear 2001, most of whom were held in State prison (11,419). On April 1, 2000, 2,475,956 American Indians and Alaska Natives lived in the Unites States (U.S. Census Bureau, 2000 Census of Population and Housing, Table DP-1). American Indians account for under 1% of the U.S. resident population and around 1% of those in custody of jails or prisons. Number of American Indians and Alaska Natives Total 49,673 In custody, midyear 2001 21,286 Local jails* 6,000 Jails in Indian country 1,912 State prisons 11,419 Federal prisons 1,955 Under community supervision 28,387 State/Federal, 12/31/00 Probation 23,889 Parole 4,380 Indian country, midyear 2001 118 *Estimated from the 2001 Annual Survey of Jails. ---------------------------------------- Criminal jurisdiction in Indian country Tribal jurisdiction * Crimes committed by Indians in Indian country. Sentences are limited to 1 year and a $5,000 fine per offense or both. 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. ----------------------------------------- At midyear 2001, the rate of incarceration for American Indians was about 19% higher than the overall national rate. Federal and State prison and jail authorities held 849 American Indians per 100,000 Indians, compared to 690 persons of all races per 100,000 U.S. residents. Indian country jail population rose 8% At midyear 2001, jails in Indian country supervised 2,030 persons, up from 1,853 in 2000. Nearly all (1,912) were held in jails, with an additional 118 persons being supervised in the community. The number of inmates in custody increased 8% from the previous year, when 1,775 inmates were being housed. Persons under community supervision increased 51% (118 in 2001 compared to 78 in 2000). The number of persons required to perform community service rose from 18 in 2000 to 39 in 2001. Persons sentenced to day reporting increased from 3 in 2000 to 21 in 2001. Number of persons Type of supervision 2001 2000 Total 118 78 Electronic monitoring 1 0 Home detention 0 2 Community service 39 18 Day reporting 21 3 Weekend program 52 54 Other 5 1 On June 29, 2001, jails in Indian country held 1,062 convicted offenders and 836 inmates who were unconvicted or awaiting trial. Fifty-six percent of those jailed in 2001 were convicted, down from 61% at midyear 2000 and 74% in 1999. 91% of confined inmates held for misdemeanors; 10% for DWI/DUI On June 29, 2001, 1,738 inmates were being held for a misdemeanor (regardless of conviction status), up from 1,560 on June 30, 2000. One hundred-thirteen inmates were in jail for a felony, slightly higher than in 2000 (97). One inmate was being held for the Immigration and Naturalization Service for deportation, and 60 for other reasons, including protective custody, detoxification, intoxication, uncontrollable juvenile behavior, pick-up orders, runaway, and pending charges. At midyear 2001, 181 inmates were confined for driving while intoxicated or driving under the influence of alcohol, a 34% decrease from 2000 (274). One hundred-thirty inmates were being held for a drug law violation, down from 133 in 2000. Fourteen percent (259) of jail inmates were undergoing drug or alcohol detoxification. Juveniles account for 16% of inmate population At midyear 2001, Indian country jails held 1,578 adults, 83% males and 17% females. Juveniles (persons under age 18) accounted for 16% of the total custody population. In 2001, nearly a third of the juveniles were females. At midyear 2001, 22 juveniles were being held as adults, up from 14 at midyear 2000. New admissions to jails in Indian country increased from 7,151 in June 2000 to 9,697 in June 2001, a 36% increase. Jails reported 169 suicide attempts and 2 deaths Two deaths were reported by jail authorities between July 1, 2000, and June 30, 2001. Both inmates committed suicide. During the 12-month period, 169 inmates attempted suicide, up from 151 in 2000. Since July 1, 1998, the number of inmates attempting suicide (103) each year has increased by 64% (not shown in a table). Nearly half of inmate population held in 10 jails On June 29, 2001, the largest 10 jails in Indian country housed 878 inmates. Combined, the 10 facilities had a rated capacity to hold 617 inmates, or 29% of the total rated capacity of all facilities in Indian country. Sixty-seven percent (584) of the inmates in the 10 largest jails were confined in 7 facilities in Arizona. Pine Ridge Correctional Facility in South Dakota held 168 inmates, over 7 1/2 times the rated capacity of 22. Three facilities, Hopi Rehabilitation Center, Tohono O'odham Detention Center, and Gila River Department of Corrections and Rehabilitation, each held 100 inmates at midyear 2001. On June 29, 2001, Tohono O'odham Detention Center was running at 3 times its operating capacity. Gila River Department of Corrections and Rehabilitation was operating under its rated capacity (89%). Thirty-nine jails in Indian country housed fewer than 24 inmates on June 29, 2001. Fourteen facilities reported fewer than 10 inmates. Twenty-five facilities held 10 to 24 inmates, 16 facilities held 25 to 49, and 11 facilities held 50 or more inmates. Four facilities each held 100 or more inmates. Number of Percent of Facility size* facilities all facilities Total 66 97 % Fewer than 10 inmates 14 21 % 10 to 24 25 38 25 to 49 16 24 50 or more 11 17 *Based on the custody population on June 29, 2001. Excludes Laguna Tribal Police Detention facility and the Chemawa Indian School, which were closed on June 29, 2001. Indian country jails operated at 126% of capacity on peak day in June 2001, up from 118% in 2000 Combined, the 68 facilities had a rated capacity to hold 2,101 persons. Jails in Indian country were operating at 91% of capacity on June 29, 2001, up from 86% at midyear 2000. On their peak day in June 2001, jails were holding 2,656 inmates, and operating at 126% of capacity. Since 1998, the number of inmates has increased by 15% on their peak day in June, while capacity has increased by 8%. 2001 2000 1999 1998 Number of inmates Midyear 1,912 1,775 1,621 1,479 Peak day in June 2,656 2,441 2,289 2,306 Rated capacity 2,101 2,076 2,065 1,945 Percent of capacity* Midyear 91% 86% 78% 76% Peak day in June 126 118 111 119 *Number of inmates in custody divided by rated capacity. Forty facilities were operating above 100% of capacity in June 2001, up from 30 the previous year. Twenty-one jails were operating at over 150% of capacity on their peak day in June 2001, up from 16 in 2000. This represents the largest number of jails (15) operating above 150% of capacity on their most crowded day in June since introducing the survey in 1998. Arizona (6) had the most facilities above 150% of capacity, followed by Montana (4), New Mexico (4), South Dakota (4), North Dakota (2), and Oregon (1). Pine Ridge Correctional Facility in South Dakota reported the highest occupancy rate on their peak day in June (764%), up from 391% in 2000. It housed 168 inmates on the peak day in day in June 2001, with a rated capacity to hold 22 inmates. Three other facilities reported operating at over 300%: Medicine Root Detention Center in South Dakota (333%), Tohono O'odham Detention Center in Arizona (329%), and Fort Belknap Police Department in Montana (325%). Small facilities reported the highest occupancy rates Seven facilities with a rated capacity to hold fewer than 10 inmates reported the highest occupancy rates (173%) on their peak day in June 2001. Occupancy was 168% of rated capacity in jails rated to hold 10 to 24 inmates, 127% in jails rated to hold 25 to 49, and 99% of capacity for those rated to hold 50 or more inmates. Percent of capacity occupied on peak Capacity of facility day in June 2001 Total 126 % Fewer than 10 inmates 173 10 to 24 168 25 to 49 127 50 or more 99 Facilities under court order or consent decree highest in 3 years Thirteen jails were under court order or consent decree to limit the number of inmates they can house, up from 11 in 2000. Ten of those facilities were under multiple court orders or consent decrees. Sixteen jails expect to increase capacity by 623 beds when all planned changes have been completed. Nine new jails will be added to Indian country, five facilities will be replaced, and one will be expanded. These plans have been funded under the Correctional Facilities on Tribal Lands Discretionary Grant Program, which is administered by the U.S. Department of Justice, Office of Justice Programs. In addition, 17 jails report plans for facility changes in the next 3 years that have final administrative approval, even though necessary funds have not been authorized. 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 sec. 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. sec. 1153) and the General Crimes Act (18 U.S.C. sec. 1152) in those areas. Indian tribes retain concurrent jurisdiction to enforce laws in Indian country where P.L. 280 applies. The Bureau of Justice Statistics (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. sec. 1151). The reference date for the survey was June 29, 2001. The SJIC was initiated in 1998 as a component of the Annual Survey of Jails (ASJ). The ASJ is conducted in each of the years between the Census of Jails. The 2001 ASJ consisted of a sample survey of 878 local jail jurisdictions, a survey of the Nation's 47 multi-jurisdictional facilities, and a survey of the 68 facilities in Indian country. (For sampling information, see Prison and Jails Inmates at Midyear 2001, BJS Bulletin, April 2002, NCJ 191702.) 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. The list included detention centers, jails, and other correctional facilities, operated by tribal authorities or the BIA. Since 1998, 2 facilities were abandoned, 3 were closed, and 2 were combined into 1 facility, resulting in 68 surveyed facilities. The facilities are in 18 States and are affiliated with 53 tribes. Data were obtained by mailed questionnaires. Through follow-up phone calls and facsimiles, the survey achieved a 100% response rate. In addition, construction plans for facilities funded under the Correctional Facilities on Tribal Lands Discretionary Grant Program were obtained from the Corrections Program Office, Office of Justice Programs. ------------------------------------------ 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. Michael Dever, Corrections Program Office, Norena Henry, Director, American Indian and Alaska Native Desk, Office of Justice Programs, and Tracy Toulou, Director, Office of Tribal Justice, U.S. Department of Justice, reviewed the report. Jennifer C. Karberg provided statistical review and verification. Tom Hester and Tina Dorsey edited the report, and Jayne Robinson provided the final production. May 2002, NCJ 193400 -------------------------------------------- -------------------------------------------- This report in portable document format and in ASCII, its tables, survey questionnaire, and related statistical data are available at the BJS World Wide Web Internet site: http://www.ojp.usdoj.gov/bjs/ --------------------------------------------- End of file 04/18/02 ih