U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Jails in Indian Country, 2002 November 2003, NCJ 198997 ---------------------------------------------------------------- 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/jic02.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 --------------------------------------------------------- Highlight At midyear 2002 jails in Indian country supervised 2,080 persons * In June 28, 2002, Indian country facilities held 1,699 adults and 307 juveniles. In the 12 months ending June 28, 2002, the number of inmates in custody increased 5%. * In a 1-month period, June 2002, facilities in Indian country admitted 11,822 inmates, a 22% increase from June 2001. 70 facilities were operating in Indian country, with the capacity to hold 2,177 persons on June 28, 2002 * On June 28, 2002, jails in Indian country were operating at 92% of capacity. On an average day in June 2002, the jails were operating at 79% of capacity. On their peak day in June 2002, jails were operating at 126% of capacity. * Since 1998, the number of inmates in custody at midyear has increased by 36%, and rated capacity has increased 12%. 699 persons incarcerated on June 28, 2002, for a violent offense * 35% of inmates were being held for a violent offense; 15% for a domestic violence offense. * 11% were confined for a DWI/DUI offense, a 25% increase since midyear 2001. Drug offenses decreased 3% from midyear 2001 (130). ------------------------------------------------------------------- On June 28, 2002, a total of 70 jails, confinement facilities, detention centers, and other correctional facilities were supervising 2,080 persons in Indian country, up 2% from the previous year. At midyear 2001, 2,030 persons were under the supervision of jails in Indian country. Indian country facilities held 2,006 inmates at midyear 2002, up from 1,912 at mid-year 2001. Jail authorities also supervised 74 offenders under community supervision programs. New admissions to jail increased from 9,697 in June 2001 to 11,822 in June 2002, a 22% increase. The 70 facilities had a rated capacity to hold 2,177 persons, up 4% since 2001. On June 28, 2002, the jails were operating at 92% of capacity, up from 91% at midyear 2001. On an average day in June 2002, the jails were operating at 79% of capacity. On their peak day in June 2002, the 70 jails were operating at 126% of capacity, unchanged from 2001. The number of inmates on the peak day in June has increased 19% since 1998. At midyear 2002 more than a third of the offenders were held for a violent offense, 15% specifically for domestic violence. Eleven percent of all offenders (226) were being held for DWI/DUI. These data are based on the 2002 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), U.S. Department of the Interior. Tribes retain jurisdiction over many crimes by American Indians and Alaska Natives in Indian country Thirty-three States contain approximately 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 below.) 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)). City or county jails held 3 times as many American Indians as jails in Indian country. (American Indians in this report includes Alaska Natives.) At midyear 2002 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 47,724 American Indians. Most were under community supervision (25,479). A total of 22,245 American Indians were in custody at midyear 2002, most of whom were held in State prison (12,924). --------------------------------------------------------- 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. ------------------------------------------------------------- On July 1, 2002, 2,752,158 American Indians and Alaska Natives lived in the Unites States (U.S. Census Bureau, National Populations Estimates, table NA-EST2002-ASRO-04). 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 2002 the rate of incarceration in prison and jail for American Indians was about 15% higher than the overall national rate. Federal and State prison and jail authorities held 808 American Indians per 100,000 Indians, compared to 702 persons of all races per 100,000 U.S. residents. Indian country jail population rose 5% between July 2001 and June 2002 At midyear 2002 jails in Indian country supervised 2,080 persons, up from 2,030 in 2001. Nearly all (2,006) were held in jails, with an additional 74 persons being supervised in the community. The number of inmates in custody increased 5% from the previous year, when 1,912 inmates were being housed. Persons under community supervision decreased 37%(74 in 2002 down from 118 in 2001). Overall, the number of persons held in Indian country jails fluctuated between June 2001 and June 2002. Although the population increased during the 12 months, June of each year was among the months with the largest custody counts. In 2002 the smallest jail inmate population occurred in February -- based on 62 jails and excluding 8 facilities unable to report complete data. 86% of confined inmates held for misdemeanors On June 28, 2002, jails in Indian country held 1,120 convicted offenders and 857 inmates who were unconvicted or awaiting trial. Fifty-seven percent of those jailed in 2002 were convicted, down from 61% at midyear 2000 and 75% in 1999. At midyear 2002, 1,725 inmates were being held for a misdemeanor down from 1,738 at midyear 2001. One hundred seven inmates were in jail for a felony, a 5% decrease from 2001. Five inmates were being held for the Bureau of Immigration and Customs Enforcement, formerly the Immigration and Naturalization Service, for deportation, and 169 for other reasons, including protective custody, detoxification, public intoxication, status offenses, and pending charges. 35% of inmates held for violent offenses; 15% for domestic violence At midyear 2002, 699 inmates (35% of all inmates) were being held for a violent offense. Of these, 291 (15% of all inmates)were confined for domestic violence. Overall, 11% of inmates at midyear 2002 were confined for driving while intoxicated or driving under the influence of alcohol or drugs, up from 9% in 2001. Approximately 6% of inmates (126)were being held for a drug law violation, down from 7%(130)in 2001. At midyear 2002 Indian country jails held 1,699 adults, 82% males and 18% females. Juveniles (persons under age 18)accounted for 15% of the total custody population. More than 71% of juveniles were males; 29% were females. At midyear 2002, 11 juveniles were being held as adults, down from 22 at midyear 2001. Between June 1 and June 30, 2002, 11,822 persons were admitted to jails in Indian country, a 22% increase over the same period in 2001. Since 1998, new admissions have increased 32%. 282 suicide attempts and 7 deaths reported during the 12 months ending June 30, 2002 Seven deaths were reported by jail authorities between July 1, 2001, and June 30, 2002. Three inmates committed suicide. During the 12-month period, 282 inmates attempted suicide, up from 169 in 2001. In the last 5 years, the number of admissions rose 32%, and the annual number of attempted suicides more than doubled (from 133 to 282 ); however, the number of completed suicides remained unchanged (3 in 1998 and 3 in 2002.) The 10 largest jails held 39% of inmates in Indian country On June 28, 2002, the 10 largest jails in Indian country housed 790 inmates. Combined, the 10 facilities had a rated capacity to hold 643 inmates, or 30% of the total rated capacity of all facilities in Indian country. Seventy-nine percent (621) of the inmates in the 10 largest jails were confined in 7 facilities in Arizona. Gila River Department of Corrections and Rehabilitation and Tohono O'odham Detention Center each held over 100 inmates. Pine Ridge Correctional Facility in South Dakota which held 168 inmates at midyear 2001,held 55 at midyear 2002. On June 28, 2002, the number of inmates at Tohono O'odham Detention Center was 3 times its operating capacity. Gila River Department of Corrections and Rehabilitation was operating below its rated capacity (61%). 56% of jails housed fewer than 25 inmates Thirty-nine jails in Indian country housed fewer than 25 inmates on June 28, 2002. Nineteen facilities reported fewer than 10 inmates. Twenty facilities held 10 to 24 inmates, 17 facilities held 25 to 49, and 14 facilities held 50 or more inmates. Two facilities each held 100 or more inmates, down from 4 facilities at midyear 2001. Indian country jails operated at 126% of capacity on peak day in June 2002 Combined, the 70 facilities had a rated capacity to hold 2,177 persons, a 4% increase from the previous year. Jails in Indian country were operating at 92% of capacity on June 28, 2002, up from 91% at midyear 2001. On their peak day in June 2002, jails were holding 2,737 inmates, and operating at 126% of capacity. Since 1998, the number of inmates has increased by 19% on their peak day in June, while capacity has increased by 12%. Most inmates in Indian country jails were held in units occupied by more than one person. At midyear 2002, 75% of all inmates were held in cells designed for multiple occupants; 10% were double bunked in single cells; 2% were housed in areas not originally intended for confinement, and 2% were in holding areas or "drunk tanks." Ten percent of all inmates were housed in single cells or rooms. Forty-two facilities were operating above 100% of capacity in June 2002, up from 40 the previous year. Nineteen jails were operating at over 150% of capacity on their peak day in June 2002, down from 21 in 2001. Arizona (5) had the most facilities above 150% of capacity, followed by Montana (3), New Mexico (3), South Dakota (3), Michigan (1), Minnesota (1), North Dakota (1), Oregon (1), and Wyoming (1). At least 15 jails each year have operated above 150% of capacity on their most crowded day in June since introducing the survey in 1998. The Crow Police Department in Montana reported the highest occupancy rate on their peak day in June (429%), up from 257% in 2001. It housed 60 inmates on the peak day in June 2002, with a rated capacity to hold 14 inmates. Four other facilities reported operating at over 300%: Fort Berthold Agency in North Dakota (400%), Pine Ridge Correctional Facility in South Dakota (400%), Lac View Desert Police Department in Michigan (375%), and Tohono O'odham Detention Center in Arizona (350%). Since 1998 four facilities have operated above 150% each year: Crow Police Department, Fort Berthold Agency, Pine Ridge Correctional Facility, and Tohono O'odham Detention Center. Small facilities reported the highest occupancy rates Nine facilities with a rated capacity to hold fewer than 10 inmates reported the highest occupancy rates (179%) on their peak day in June 2002. Occupancy was 156% of capacity in jails rated to hold 10 to 24 inmates, 130% in jails rated to hold 25 to 49, and 101% of capacity for those rated to hold 50 or more inmates. 7 facilities under court order or consent decree, the fewest since 1998 Seven jails were under multiple court orders or consent decrees to limit the number of inmates they can house and for conditions of inmate confinement. Six facilities were ordered to detain inmates in a humane condition: Wind River Police Department and Navajo Department of Corrections in Chinle, Tuba City, Window Rock, Crownpoint, and Shiprock. The Navajo Department of Corrections in Chinle and Tuba City were also ordered to hold inmates only temporarily. The Pascua Yaqui Law Enforcement Center was ordered to separate adults and juveniles by sight and sound. Four facilities completed construction since July 1, 2001 Among all facilities, 67 reported the year in which the original construction was completed. The original year of construction ranged from 1929, at the Fort Hall Police Department in Idaho, to 2001 at 4 facilities: Chinle Youth Corrections in Arizona, Fort Mohave Tribal Police Department in Arizona, Lac View Desert Police Department in Michigan, and the Rocky Boy Police Department in Montana. Overall at midyear 2002, jails in Indian country had an average age of 22 years. Since the time of original construction, 40 facilities have received major renovations. Twenty-five facilities were renovated between 1982 and 1999. Fifteen facilities were renovated after 1999: 2 in 2000, 6 in 2001, and 7 in 2002. Jails employed more than 2,100 persons at midyear 2002 Indian country jails employed 2,115 persons on June 28, 2002, including payroll, nonpayroll, and contract staff. Over 33% (711) of all employees were jail operations staff (correctional officers and other staff who spend more than 50% of their time supervising inmates). Jails in Indian country also employed 208 administrative employees, 288 technical or professional staff, and 168 clerical, maintenance, or food service staff. In addition, 737 employees (35%) were classified as field operations staff, including patrol officers and other staff who spend more than 50% of their time in the field. At midyear 2002 there were approximately 2.5 inmates for every jail operations employee, down from 2.6 at midyear 1998. In 1999, when the last national jail census was conducted, the U.S. average among all local jails was 4.0 inmates per correctional officer. Small jails holding 50 or fewer inmates held an average of 2.0 inmates per correctional officer. Jails hired 448 new payroll staff between July 2001 and June 2002 During the 12-month period ending June 30, 2002, jail administrators hired a total of 448 new payroll staff, including persons rehired or recalled from layoff. The Walter Minor Law Enforcement Center (adult and juvenile, combined) hired the most new staff (79), followed by Warm Springs Detention Center (22) and White Buffalo Youth Detention Center (20). Five facilities reported no new hires during the period. At midyear 2002, Indian country jails reported 233 staff vacancies. White Mountain Apache Police Department(24)and Gila River Department of Corrections and Rehabilitation (19) reported the largest number of vacancies. A total of 21 of the 67 facilities reporting data had no staff vacancies at the end of June 2002. 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 most recent survey is June 28, 2002. 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 2002 ASJ consisted of a sample survey of 826 local jail jurisdictions, a survey of the Nation's 50 multi-jurisdictional facilities, and a survey of the 70 facilities in Indian country. (For sampling information, see Prison and Jails Inmates at Midyear 2002, BJS Bulletin, April 2003, .) 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, 3 facilities were added, 3 were closed, 2 facilities were abandoned, 2 were combined into 1 facility, and 1 was determined not to be a jail facility, resulting in 70 surveyed facilities. The facilities are in 19 States and are affiliated with 55 tribes. Data were obtained by mailed questionnaires. Through follow-up phone calls and facsimiles, 68 of 70 facilities responded. Data for the Navajo Department of Corrections in Window Rock and Shiprock are from June 29, 2001. -------------------------------------------------- The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Lawrence A. Greenfeld is the 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. Norena Henry, Director, American Indian and Alaska Native Desk, Office of Justice Programs, and the Office of Tribal Justice, U.S. Department of Justice, reviewed the report. Daniel Billings provided statistical review and verification. Tom Hester edited the report, and Jayne Robinson provided the final production. November 2003, NCJ 198997 --------------------------------------------------- --------------------------------------------------- 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/ -------------------------------------------------- -------------------------------------------------- Get immediate e-mail notification of BJS releases from JUSTSTATS. Subscribe at . ---------------------------------------- End of file 11/21/03 ih