U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Jails in Indian Country, 2004 November 2006, NCJ 214257 Revised 02/13/07 -------------------------------------------------------- This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.csv) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/jic04.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.opj.usdoj.gov/bjs/pubalp2.htm#jic ------------------------------------------------------- By Todd D. Minton BJS Statistician ------------------------------------------------------- Highlights At midyear 2004 jails in Indian country held 1,745 inmates; 39% of inmates were confined for a violent offense * New admission to jails in Indian country declined 2% between midyear 2003 and 2004, from 12,448 to 12,219. * State, Federal, local, and Tribal authorities were supervising 54,915 American Indians at midyear 2004; 31,738 were under community supervision and 11,485 were held in State prisons. * At midyear 2004, 58% of inmates in Indian country jails were convicted, up from 56% at midyear 2003. 45 jails in Indian country responded to a survey addendum about policies and programs on or off facility grounds 37 jails reported that medical services were performed off- site by Indian Health Service, under the U.S. Department of Health and Human Services. Most of the reporting facilities said they had policies to test inmates for infectious diseases: 35 facilities tested for HIV; 37 for hepatitis B and C; and 38 for tuberculosis. All 45 jails reported at least 1 suicide prevention policy; 41 performed suicide risk assessment at intake. At midyear 2004, the 68 jails in Indian country employed 991 persons; 694 employees were correctional officers. ------------------------------------------------------------ On June 30, 2004, a total of 68 jails in Indian country held 1,745 inmates, based on the 2004 Survey of Jails in Indian Country (SJIC). The inmate population declined 4% from the previous year when 70 facilities held 1,826 inmates. The juvenile population dropped 29% between midyear 2003 and 2004. The 68 facilities had a combined rated capacity to hold 2,162 persons, down 3% from the previous year. At midyear 2004, the jails were operating at 81% of capacity, down slightly from 82% at midyear 2003. On an average day in June 2004, the jails were operating at 75% of capacity; and on their peak day in the month at 9% over capacity. The number of inmates on the peak day in June 2004 was down 6% from 2003 and down 14% from 2002. Among the 1,428 inmates for whom offense was reported, nearly two-fifths (39%)were being held for a violent offense at midyear 2004. This included 18% being held for domestic violence, 13% for aggravated or simple assault, 2% for rape or sexual assault, and 6% for other violent offenses. Fourteen percent of inmates were confined for DWI/DUI, and 7% were held for a drug offense. Tribes retain jurisdiction over many crimes by American Indians and Alaska Natives in Indian country Thirty-three States contain about 300 Indian lands or reservations. The local governing authority on Indian lands is typically 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 the location of the crime. (See box.) Tribal rights to sentence offenders is limited to 1 year of imprisonment, or a $5,000 fine, or both(25 U.S.C. sec 1302(7)). Overall State, Federal, local, and Tribal authorities were supervising 54,915 American Indians. (American Indians in this report include Alaska Natives.) Most were under community supervision (31,738). A total of 23,177 American Indians were in custody at midyear 2004. Nearly half were being held in State prisons(11,485). City or county jails held more than four times as many American Indians as jails in Indian country. At midyear 2004 local jails held an estimated 7,500 American Indians, some of whom may have been adjudicated by a Tribal criminal justice system and housed in jails under contracts with Tribal, city, or county governments. --------------------------------------- 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. § 1302(7) Federal jurisdiction * 14 crimes under the Major Crimes Act of 1885. 18 U.S.C. § 1153 State jurisdiction * All crimes on tribal lands specified under Public Law 280, 18 U.S.C. § 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, 2004, according to the U.S. Census Bureau 2,824,751 American Indians and Alaska Natives lived in the Unites States (National Population Estimates, table NC-EST2004-03). American Indians account for under 1% of the U.S. resident population and 1% of those in jails or prisons. At midyear 2004 Tribal authorities, State or Federal prisons, or local jails held 820 American Indians per 100,000, an incarceration rate based on 23,177 American Indians in custody and 2.8 million residents. The rate for American Indians was about 13% higher than the overall national rate, 725 persons of all races per 100,000 U.S. residents. Indian country jail population declined 4% between midyear 2003 and midyear 2004 The number of inmates in custody on June 30, 2004, decreased 4% from the previous year, down to 1,745 inmates from 1,826. Based on data from 49 jails (excluding 19 facilities that were unable to report complete data), the largest number of inmates were held in June 2003; the smallest in November 2003. At midyear 2004 Indian country jails held 1,546 adults, 79% of whom were males and 21% females. Juveniles (persons under age 18) accounted for 11% of the total custody population. Nearly 63% of juveniles were males; 37% were females. At midyear 2004,3 juveniles were being held as adults, down from 5 in 2003 and 11 in 2002. 88% of confined inmates held for misdemeanors At midyear 2004, 1,540 inmates (or 88%) were being held for a misdemeanor, down from 1,700 at midyear 2003. The number of inmates held for a felony increased to 110 at midyear 2004 from 58 at midyear 2003. A total of 94 inmates were being held for other reasons, including protective custody, court-ordered treatment, detoxification, public intoxication, and status offenses. Overall, jails in Indian country held 966 convicted offenders at midyear 2004, and 697 inmates were unconvicted or awaiting trial. The proportion of convicted inmates increased slightly, up to 58% of jail inmates at midyear 2004 from 56% at midyear 2003. Nearly 2 in 5 inmates held for a violent offense at midyear 2004 At midyear 2004, nearly two-fifths of inmates(39%)in Indian country jails were being held for a violent offense, up from 35% in 2003. Of these, 18% were confined for domestic violence, 13% for aggravated or simple assault, and 2% for rape or sexual assault. Fourteen percent of inmates at midyear 2004 were being held for driving while intoxicated or driving under the influence of alcohol or drugs, up from 11% in 2003. About 7% of inmates were being held for a drug law violation, down from 8% in 2003. Admissions down 2%; attempted suicides down 46% Between June 1 and June 30, 2004, 12,219 persons were admitted to jails in Indian country, a 2% decrease over the same period in 2003. Five deaths were reported by jail authorities between July 1, 2003, and June 30, 2004. Three inmates committed suicide. During the 12-month period,95 inmates attempted suicide, down from 177 (46%) in 2003. The 10 largest jails held 44% of inmates in Indian country On June 30, 2004, the 10 largest jails in Indian country housed 775 inmates. The 10 facilities had a combined rated capacity to hold 605 inmates, or 28% of the total rated capacity of all jails in Indian country. About 73%(562) of the inmates in the 10 largest jails were confined in 6 facilities in Arizona. At midyear 2004, two facilities each held 100 or more inmates, down from 3 facilities at midyear 2003: the Gila River Department of Corrections and Rehabilitation and the Tohono O'odham Detention Center. Each year since 1998 Gila River has held 100 or more inmates on June 30; and each year since 2000, Tohono O'odham has held at least 100 inmates. On June 30, 2004, the number of inmates being held at the Tohono O'odham Detention Center and Pine Ridge Correctional Facility was more than 3 times their operating capacity. Rosebud Sioux Tribe Law Enforce-ment reported the lowest operating capacity (at 65%) of the 10 largest jails in Indian country. 91% of jails housed fewer than 50 inmates Over the past 3 years the number of facilities that held 50 or more inmates has steadily declined. At midyear 2004, 9% of all facilities held 50 or more inmates, down from 11% in 2003, and 20% in 2002. At midyear 2004, 19 facilities held fewer than 10 inmates, 23 facilities held 10 to 24 inmates, 20 facilities held 25 to 49 inmates, and 6 facilities held 50 or more, including 2 facilities with over 100 inmates. Eighty-one percent of all inmates were held in cells designed for multiple occupants; 4% were double bunked in single cells; 1% were housed in areas not originally intended for confinement, and 2% were in holding areas or "drunk tanks." Twelve percent of all inmates were housed in single cells or rooms. (Not shown on table.) Jails were operating at 81% of capacity on June 30, 2004; at 109% on their peak day in June The 68 jails had a combined rated capacity to hold 2,162 persons at midyear 2004, nearly a 3% decrease from 2,222 at midyear 2003. Indian country jails were operating at 81% of capacity on June 30, 2004, down from 82% in 2003 and 92% in 2002. On their peak day in June 2004, jails held 2,356 inmates, operating at 109% of capacity. Since 2002 the number of inmates confined in Indian country jails has decreased by 14% on their peak day in June, while capacity has decreased by 1%. Thirteen jails were operating at over 150% of capacity on their peak day in June 2004. South Dakota(4)had the most facilities above 150% of capacity, followed by Arizona (3) and New Mexico (2). The number of facilities operating over 150% of capacity was down from 16 in 2003 and 19 in 2002. (See Jails in Indian Country, 2003 and 2002). The Fort Berthold facility in North Dakota reported the highest occupancy rate on their peak day in June(23 inmates over capacity or 388%), followed by Tohono O'odham Detention Center in Arizona (87 inmates or 356%), and Pine Ridge Correctional Facility in South Dakota (55 inmates or 350%). Small facilities reported the highest occupancy rates Nine facilities with a rated capacity to hold fewer than 10 inmates reported the highest occupancy rates(138%)on their peak day in June 2004, down from 182% in 2003. Occupancy was 130% of capacity in jails rated to hold 10 to 24 inmates, 116% in jails rated to hold 25 to 49, and 84% of capacity for those rated to hold 50 or more inmates. 13 facilities under court order or consent decree Among 13 Indian country jails that were under a court order or consent decree, 4 facilities were ordered to limit the number of inmates they housed and 9 facilities were ordered to both limit the number of inmates they housed and maintain certain conditions of confinement. Specific orders for the 9 facilities included– * 5 facilities ordered to detain inmates under humane conditions * 2 facilities ordered not to house juveniles * 1 facility ordered to separate adults and juveniles and to separate males and females * 1 facility ordered to limit detoxification holds to 8 hours. 70% of jail employees were jail operations staff Indian country jails employed 991 persons on June 30, 2004. About 70%(694)of all employees were jail operations staff (correctional officers and other staff who spend more than 50% of their time supervising inmates). The jails also employed an estimated 90 administrative employees, 27 educational staff, 61 technical or professional staff, and 119 clerical, maintenance, or food service staff. Sixty-one facilities reported that 447(69%)correctional officers had received basic detention officer certification; 380(59%)had received 40 hours of in-service training. Overall, there were approximately 2.5 inmates for every jail operations employee at midyear 2004, down from 2.6 at midyear 2003. For facilities housing more than 50 inmates, there were about 5.0 inmates for every jail operations employee and 2.0 for facilities housing 50 or fewer inmates. 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. 45 jails responded to a survey addendum about policies and programs for inmates services An addendum to the 2004 Annual Survey of Jails in Indian Country was introduced to obtain in-depth data on inmate health services and facility programs. For the first time, information was collected on policies to test inmates for HIV, hepatitis B and C, and tuberculosis. Data were also collected on inmate medical services, mental health services, suicide prevention procedures, substance dependency programs, domestic violence counseling, sex offender treatment, educational programs, and inmate work assignments. Forty- five out of 68 facilities responded to the addendum, covering nearly 71% (1,231) of the 1,745 inmates held on June 30, 2004. 44 facilities provided medical services to inmates Nearly all of the responding facilities (44) provided some type of medical service to inmates either on or off the facility grounds. Most(37)said that medical services were performed off-site by Indian Health Services (IHS), under the U.S. Department of Health and Human Services. Thirteen jails reported that inmate medical services were provided by private facilities or hospitals. Nine facilities used on-site physicians or other medical service provided by IHS. Seven facilities employed their own physician or other medical staff. In one facility, weekly nurse visits provided medical services. Most facilities tested inmates for infectious diseases Thirty-five jails said they screened inmates for the antibody to the Human Immunodeficiency Virus (HIV) that causes AIDS: * 6 at intake * 1 at time of release * 28 upon clinical indication of need * 21 upon an inmate's involvement in an incident. Thirty-eight facilities tested for tuberculosis(TB), and 37 tested for hepatitis B and C. Two facilities reported that they regularly tested inmates for TB. No facility reported that they tested inmates for TB or hepatitis at intake. Thirty-one facilities tested for hepatitis and TB upon clinical indication of need; 25 facilities tested for hepatitis and 24 tested for TB after exposure to the active disease. At least 24 facilities said they tested inmates for infectious diseases upon request. 39 facilities provided mental health services Of the 45 facilities that responded to the addendum, 39 reported that they provided mental health services, including 27 jails that screened inmates at intake for a mental health disorder and 20 jails that provided 24-hour mental health care either on or off facility grounds. Sixteen jails provided routine therapy or counseling, while 24 jails prescribed, distributed, or monitored the use of psychotropic medications to inmates. Nineteen facilities provided assistance to released inmates to obtain community mental health services. 45 facilities had suicide prevention procedures; 41 performed risk assessment at intake All 45 facilities that responded to the addendum followed at least one suicide prevention procedure. Forty-one assessed inmates at intake for risk of suicide. Forty facilities had specific cells or locations for suicide risk inmates. Thirty facilities monitored high risk offenders. Twenty-six of the facilities that responded to the addendum provided staff training in risk assessment and suicide prevention. Sixteen facilities provided special inmate counseling or psychiatric services specifically for suicide risk offenders. 33 facilities provided alcohol dependency counseling or awareness programs Thirty-three facilities offered alcohol dependency counseling or awareness programs. Seventeen facilities offered the program on facility grounds; 14 off facility grounds. Two jails provided alcohol dependency counseling or awareness programs on and off-site. Twenty-seven jails provided a similar program for drug dependency. Twelve facilities offered the drug dependency program inside their jails and twelve jails also provided the program off-site. Three jails provided drug dependency counseling and awareness programs to inmates both on and off facility grounds. 22 jails offered domestic violence counseling; 2 provided sex offender treatment Twenty-two facilities offered domestic violence counseling-- 9 on-site,10 off-site and 3 both on and off facility grounds. Two facilities provided sex offender treatment to confined inmates, both off facility grounds. 14 jails offered classes in parenting and child rearing skills Fourteen facilities offered classes in parenting and child rearing. Ten facilities offered the program off facility grounds; 3 on facility grounds; and 1 offered the program on and off-site. Eleven facilities provided inmates with life skills and community adjustment training (including personal finance and conflict resolution). Most of these jails (7) provided life skills training to inmates on facility grounds. Four facilities provided the program off-site. Thirty-two facilities offered religious and spiritual counseling to inmates on or off facility grounds. Twenty-four jails offered the program on-site; 6 off-site; and 2 offered the program both on and off facility grounds. About half of the facilities offered educational programs Twenty-three facilities made educational programs available to inmates on or off facility grounds. Fewer than half (21) offered General Educational Development classes (GED). Ten jails offered GED classes on-site; 10 off-site; and 1 facility offered the program to confined inmates on and off facility grounds. Eighteen facilities had an accredited education program (e.g., basic and high school classes). Nine provided the accredited program on-site; 8 off-site; and 1 jail offered the program both on and off facility grounds. Four jails provided special education needs programs for inmates with learning disabilities, 5 provided tutors, and 6 jails offered college level classes. About 20% of facilities offered vocational training and job seeking skills training Nine facilities offered vocational train-ing to confined inmates. Four provided vocational training on-site. Five offered vocational training off facility grounds. Eight jails provided classes in job seeking and interviewing skills; 2 jails offered training on facility grounds; and 6 provided training off-site. 31 facilities provided work assignments for inmates Thirty-one facilities provided work assignments for inmates. More than half (24) of the facilities used inmates for facility support services (e.g., office and administrative work, food service, and building and maintenance). Twenty facilities offered public works assignments for inmates to work outside of the facility, such as road, park, or other public maintenance work. Two jails offered farming and agriculture work. One facility offered correctional industries, which included working with wood products, textiles, and manufacturing services. Methodology The Survey of Jails in Indian Country (SJIC) includes all Indian country correctional facilities operated by tribal authorities or the Bureau of Indian Affairs (BIA), U.S. Department of the Interior. "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), $5,000 fine, or both. 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. 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 30, 2004. 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 2004 ASJ consisted of a sample survey of 878 local jail jurisdictions, a survey of the Nation's 55 multi-jurisdictional facilities, and a survey of the 68 facilities in Indian country. (For sampling information, see Prison and Jails Inmates at Midyear 2004, BJS Bulletin, April 2005, .) 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, 6 were closed, 2 facilities were abandoned, and 2 were combined into 1 facility, resulting in 68 surveyed facilities. The facilities are located in 19 States and are affiliated with 55 tribes. Data were obtained by mailed questionnaires. Through follow- up phone calls and facsimiles, 61 out of 68 facilities responded. Data for the San Carlos Jail, Supai Jail, White Mountain Apache Police Department, Jicarilla Police Department, and Wind River Police Department are from June 30, 2003. Data for the Tohono O'odham Judiciary Juvenile Detention Center and Ponca Tribal Police Department are from June 28, 2002. In 2004, the survey included an addendum that collected in- depth data on inmate health services and facility programs. Forty-five out of 68 facilities responded to the addendum. ------------------------------------------- The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Jeffrey L. Sedgwick is director. Todd D. Minton collected and processed the data and wrote this report, under the super- vision of Allen J. Beck. Norena Henry of the American Indian and Alaska Native Affairs Desk, Office of Justice Programs, and Tracy Toulou, Director, Office Tribal Justice, U.S. Department of Justice reviewed the report. Lauren E. Glaze and James Stephan provided statistical review and verification. Tina Dorsey produced and edited the report and Jayne Robinson prepared the report for final printing, under the supervision of Doris J. James. November 2006, NCJ 214257 ---------------------------------------------- ---------------------------------------------- This report in portable document format and in ASCII and its related statistical data and tables—including five appendix tables—are available at the BJS World Wide Web Internet site: ---------------------------------------------- Revised 02/13/07 End of file 11/21/06 ih