U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics --------------------------------------------- Jails in Indian Country, 2007 November 2008, NCJ 223760 --------------------------------------------- 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/jic07.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 ----------------------------------------------- At midyear 2007, 2,163 inmates were confined in Indian country, up from 1,745 inmates (24%) at midyear 2004. This count was based on data for 83 facilities--jails, confinement facilities, detention centers, and other correctional facilities--in Indian country at midyear, up from 68 facilities at midyear 2004. The number (8,600) of American Indians and Alaska Natives confined outside of Indian country was 4 times greater than the number held in Indian country jails at midyear 2007 (see box on page 2). After a decline in the Indian country jail population between 2000 and 2003, the number of inmates in Indian country jails has generally increased (figure 1). The annual growth rate slowed to 5% during the 12-month period between 2001 to 2002. At midyears ending 2003 (-9%) and 2004 (-4%), Indian country jails experienced a decline in their inmate population. The Survey of Jails in Indian Country (SJIC) was not conducted in 2005 and 2006. The number of jails in Indian country increased The Bureau of Justice Statistics (BJS) collected data from 68 correctional facilities in Indian country in 2004 and from 79 facilities in 2007. Over the 3-year period, 7 facilities closed, 21 facilities in the 2007 survey were newly constructed facilities or new to the collection, and 1 facility that was closed in 2004 reopened and was included in the survey. Data were estimated for 4 facilities that did not respond to the 2007 survey. Bed space for inmates grew faster than the confined population in Indian country since 2004 At midyear 2007, jail facilities (83) in Indian country were rated to hold 2,900 inmates. On June 29, 2007, those facilities held a total of 2,163 inmates and were operating at 75% of rated capacity (table 1). On an average day in June, the custody population was 2,046 inmates, and facilities in Indian country were operating at 71% of capacity. From June 2004 to June 2007, the overall number of beds (or rated capacity) grew at a faster rate (34%) than the 24% growth in the inmate population. The number of American Indians and Alaska Natives under correctional supervision--probation, parole or incarcerated in jail or prison--reached 71,274 at midyear 2007, up from 68,177 at midyear 2004 According to the U.S. Census Bureau's National Population Estimates, an estimated 2,938,436 American Indians and Alaska Natives lived in the United States as of July 1, 2007. They accounted for less than 1% of the U.S. resident population and 1% of inmates in custody in jail or prison. 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 where the crime was committed. Tribal jurisdiction includes crimes committed by Indians in Indian country. Tribal rights to sentence offenders are limited to one year of imprisonment or a $5,000 fine, or both (25 U.S.C.  1302(7)). Federal jurisdiction over crime in Indian country includes 14 crimes under the Major Crimes Act of 1885 (18 U.S.C.  1153), and state jurisdiction includes all crimes on tribal lands specified under Public Law 280 (18 U.S.C.  1162). At midyear 2007, tribal, federal, and state prison or jail authorities held 942 American Indians per 100,000--an incarceration rate based on 27,674 American Indians in custody and 2.9 million in the U.S. resident population. The rate for American Indians was about 24% higher than the overall national rate of 761 persons of any other race or Hispanic origin per 100,000 U.S. residents. Federal, state, local, and tribal correctional authorities supervised 71,274 American Indians in 2007, down from 74,145 in 2006 (figure 2). Between 2000 and 2007, the number of American Indians confined in jails and prisons nationwide grew on average by about 4.6% annually. Of American Indians under any form of correctional supervision in 2007, most (61% or 43,600) were supervised in the community on probation or parole (table 2). A total of 27,674 American Indians were in prison or jail at midyear 2007. More than half (13,956) were held in state prison, and about 1 in 10 (2,955) were held in federal prison. The remaining 10,763 American Indians were confined in Indian country jails (2,163) and local jails (8,600). Some American Indians confined in local jails may have been adjudicated by a tribal criminal justice system and housed in jails under contracts with tribal, city, or county governments. Since the last Annual Survey of Jails in Indian Country was conducted in 2004, the number of American Indians under correctional supervision increased by 4.5%. The number of American Indians confined in jails and prisons nationwide grew by approximately 19% from 2004 to 2007. Over the 3-year period, the largest growth in the confined American Indian population occurred in Indian country jails (24%), followed by state prison (22%), federal prison (21%), and local jails (15%). Most inmates were confined in the larger Indian country jail facilities rated to hold 25 or more inmates Based on the data reported by 79 facilities, 1,996 inmates were confined in Indian country at midyear 2007. Of those inmates, about 83% (1,655) were held in facilities (43) rated to hold 25 or more inmates (table 3). About half of the inmate population was held in facilities (30) rated to hold between 25 and 49 inmates. Facilities (36) with a rated capacity of fewer than 25 inmates accounted for 46% of all facilities, and held 17% of the total inmate population in Indian country at midyear 2007. At midyear 2007, 14 jails in Indian country held over half (51%) of the total inmate population (table 4). Between midyear 2004 and midyear 2007, the inmate population in those jails increased by 231 persons (33%). More than a third of the large Indian country jails rated to hold 25 or more inmates were located in Arizona. These jails held 30% (590 inmates) of the total custody population in Indian country. In absolute numbers, the Gila River Department of Rehabilitation and Supervision in Arizona reported the largest increase in the number of inmates (80) held between midyear 2004 and midyear 2007. The White Mountain Apache Detention Center reported the largest decline (37% or 34 inmates) in its inmate population during this period. The new Choctaw Justice Complex Adult Detention in Mississippi had the largest percentage change in its inmate population following the closing of the Choctaw Detention Center. At midyear 2007, the Choctaw Justice Complex Adult Detention Center held 41 inmates, up from 6 at midyear 2004. The smallest and largest jails in Indian country used less bed space for confined inmates Seventy-nine Indian country jails were operating at about 71% of rated capacity on an average day in June and at about 75% of rated capacity at midyear 2007.*** See table 12 for total and facility-level data by state.*** An average day in June was based on the average daily population, or the number of inmates confined in June divided by 30. The lowest percent of capacity occupied during June 2007 was among the smallest and the largest jails (figure 3). Twelve jails (rated to hold fewer than 10 inmates) were operating at 22% of their rated capacity on an average day in June, compared to 37% at midyear 2007. Large jails in Indian country with a rated capacity of 50 or more inmates had more than half of their bed space occupied on an average day in June (56%) and at midyear (59%). Indian country jails rated to hold 25 to 49 inmates were operating near full capacity (95%) at midyear. Facilities rated to hold 10 to 49 inmates were operating at about 15% below rated capacity on an average day in June 2007. The amount of bed space occupied was also measured based on a facility's most crowded day in June. About 4 in 10 facilities (31) in Indian country were operating above rated capacity on the facility's most crowded day in June (table 5). Of those facilities, 19 were operating above rated capacity at midyear, and 15 were operating above rated capacity on an average day in June 2007. 18 jails were operating at more than 50% over capacity on their most crowded day in June 2007 At midyear 2007, 18 jails in Indian country reported operating at more than 50% over their rated capacity on the facility's most crowded day in June 2007, up from 13 facilities in June 2004 (table 6). Each jail had a rated capacity of fewer than 50 inmates. Among jails (18) operating at more than 50% over rated capacity on their peak day in June 2007, more than half (11) were rated to hold fewer than 25 inmates. Seven were rated to hold 25 or more inmates. The largest of the jails, Warm Springs Police Department and Adult Detention Center, had a rated capacity of 48 inmates and was operating at 60% over capacity. The White Mountain Apache Detention Center had a rated capacity of 45 inmates and was 187% over capacity on its peak day in June. The smallest of the 18 jails, San Juan Pueblo Police Department Holding Facility, had a rated capacity of 2 inmates and held 10 inmates (or 400% over capacity) on its most crowded day in June. The Pine Ridge Police Department and Adult Detention Center had the highest occupancy rate (575%) and the largest number of inmates over capacity (114) on its most crowded day in June 2007. Of the 18 facilities, the Fort Peck Police Department and Adult Detention Center had the lowest occupancy rate (155%) on its peak day in June 2007. Six of the 18 facilities were operating at more than 50% over their rated capacity at midyear 2007 and also on their most crowded day in June. Four facilities were operating at more than 50% over capacity on an average day in June. The Tohono O'odham Adult Detention Center and the Northern Cheyenne Adult Detention Center were operating at more than 50% over capacity at midyear and also on the facility's average day in June 2007. High volume of inmates were processed through Indian country jails Indian country jails admitted 12,490 persons during June 2007 (table 7). Nearly 43% (5,354) of all admissions in June 2007 occurred in facilities rated to hold between 25 and 49 inmates. Combined, the 79 facilities had about 158 admissions per month on average (not shown in a table). Twenty-four facilities rated to hold between 10 and 24 inmates had the largest number of admissions (207) per month on average during June 2007. Thirty facilities rated to hold between 25 and 49 inmates admitted 178 persons per month on average, followed closely by 13 facilities rated to hold 50 or more inmates that admitted 152 persons per month on average. Twelve facilities rated to hold fewer than 10 inmates admitted about 17 persons per month on average during June 2007. In 2007, 77 facilities reported on deaths in custody between July 1, 2006, and June 30, 2007. One inmate death was reported by jail authorities during that period. Seventy-three facilities reported on inmates who had attempted suicide. During the 12-month period, 80 inmates held in Indian country facilities had attempted suicide. Average length of stay was 4.5 days for Indian country jail inmates in June 2007 During June 2007, inmates confined in Indian country jails were held an average of 4.5 days, up from 4 days during the same period in 2004. The average length of stay for inmates was the highest (9.4 days) in facilities that were rated to hold 50 or more inmates. Inmates held in jails rated to hold 10 to 24 inmates experienced the shortest average length of stay (2.1 days). Inmate characteristics remain relatively unchanged Inmate characteristics by gender, age, and offense have changed in absolute numbers since 2000 (table 8). However, the distribution within most categories has remained stable during the past 7 years. Adult males accounted for the largest portion of the inmate population in Indian country jails during the past 3 years. The absolute number of adult female inmates increased slightly, while the overall percentage of female inmates held in Indian country jails declined from 23% in 2004 to 21% in 2007. From 2004 to 2007, the percentage of inmates in custody with a conviction status increased by 16%, which was slightly higher than the overall growth rate (14%) of the inmate population in Indian country jails. About 4 in 10 inmates were confined for a violent offense at midyear 2007, up slightly from 39% in 2004. Domestic violence (20%) accounted for the largest percentage of violent offenders held in 2007, up from 15% in 2002. Simple or aggravated assault accounted for 13% of violent offenses in 2007, followed by rape or sexual assault (2%). At midyears 2004 and 2007, less than 1 in 10 (7% in both years) inmates in Indian country jails were in custody for a drug offense. In absolute numbers, 132 inmates were in custody for a drug law violation at midyear 2007, up from 104 in 2004. Inmates in custody for a DWI/DUI offense declined during the 7-year period, from 17% at midyear 2000 to 8% at midyear 2007. Jail operations staff accounted for the majority of persons employed by Indian country jails Seventy-seven jails in Indian country employed 1,236 persons at midyear 2007 (table 9). About 70% (870) of all personnel were jail operations staff, including correctional officers and other staff who spent more than 50% of their time supervising inmates. The remaining 366 jail personnel included administrative employees, educational staff, technical or professional staff, and clerical, maintenance, or food service staff. Seventy-six facilities reported that 532 (63%) correctional officers had received basic detention officer certification, and 604 (70%) had received 40 hours of in-service training. Overall, there were approximately 2.3 inmates per every jail operations employee at midyear 2007, down from 2.5 at midyear 2004. Nearly all Indian country jails provided medical and mental health services to inmates; most jails tested for infectious diseases An addendum to the 2007 Annual Survey of Jails in Indian Country obtained in-depth data on inmate health services and facility programs. For the second time since 2004, information was collected on HIV, hepatitis B and C, and tuberculosis. Other questions in the addendum asked about inmate medical services, mental health services, suicide prevention procedures, substance dependency programs, domestic violence counseling, sex offender treatment, educational programs, and inmate work assignments. Seventy-eight of the 83 facilities surveyed responded to at least a portion of the addendum, covering 91% (1,976) of the 2,163 inmates held at midyear 2007. All facilities (78) responding to the addendum provided inmates with some form of medical health service on or off facility grounds (table 10). Seventy-two facilities provided mental health services to inmates, including screening at intake, psychiatric evaluation, 24-hour care, psychotropic medication, routine therapy or counseling, and community mental health referral services. Seventy-three facilities reported following at least one suicide prevention procedure, with 63 assessing inmates at intake for risk of suicide and 64 maintaining specific cells or locations for inmates at risk. Other suicide prevention procedures included monitoring high-risk offenders, staff training in risk assessment and suicide prevention, and providing special inmate counseling for suicide-risk offenders. Most Indian country jails screened inmates for infectious diseases, including HIV (55), hepatitis B (62), hepatitis C (61), and tuberculosis (63). Possible testing procedures included screening at admission to jail, at regular intervals while confined, at random, upon request, after exposure to the active disease or involvement in an incident, upon clinical indication of need, and at release from jail. Over half of facilities in Indian country offered GED classes to inmates in 2007 At midyear 2007, 78 facilities reported the availability of treatment, counseling, and special programs for inmates confined in Indian country jails. These programs included Treatment and counseling programs *Alcohol dependency counseling or awareness programs were available on or off the facility grounds in 59 facilities (table 11). *Counseling programs to address drug dependency were available on or off the facility grounds in 56 Indian country jails. *Sex offender treatment was available in 9 facilities. *Domestic violence counseling was available in 38 facilities. Life skills and religious/spiritual counseling programs *Life skills and community adjustment training, including personal finance and conflict resolution programs, were available in 29 facilities. *Parenting and child-rearing skill classes were available in 23 facilities. *Religious and spiritual counseling programs were available on or off the facility grounds in 56 facilities. Employment and educational programs *Twelve facilities offered vocational training to inmates, and 14 jails provided classes in job seeking and interviewing skills. *Over half of the facilities (41) offered General Educational Development classes (GED) to inmates. *More than a third of the facilities (28) had an accredited education program for inmates that included basic and high school classes. *Tutors were available to assist inmates in more than 20% of the facilities (17). *Special education needs programs for inmates with learning disabilities were available in about 18% of the facilities (14) in 2007. *Twelve facilities (15%) offered college-level classes to inmates. More than 60% of facilities in Indian country provided work assignments for inmates in 2007. Forty-eight facilities offered inmates work assignments in office and administrative work, food service, and building and maintenance (not shown in a table). Public work assignments, such as road, park, or other public maintenance, were available to inmates in 26 facilities. Less than 10% of the facilities (5) offered inmates farming or agricultural work assignments. Two facilities offered inmates work assignments in correctional industries, which included working with wood products, textiles, and manufacturing services. Methodology The Annual Survey of Jails in Indian Country (SJIC) includes all known Indian country correctional facilities operated by tribal authorities or the Bureau of Indian Affairs (BIA), U.S. Department of the Interior. The survey was conducted in June 2007 and included the number of inmates and percent of capacity occupied based on the average daily population, midyear population, and peak population in facilities in June 2007 (table 12). The Bureau of Justice Statistics (BJS) conducted the SJIC to describe all adult and juvenile jail facilities and detention centers in Indian country. For this report, Indian country includes reservations, pueblos, rancherias, and other appropriate areas (18 U.S.C. 1151). The reference date for the survey is June 29, 2007. In 2007 the Office of Justice Services, Bureau of Indian Affairs (BIA), U.S. Department of the Interior, provided a list of 86 Indian country jail facilities. The list included detention centers, jails, and other correctional facilities operated by tribal authorities or the BIA. Three facilities were non-operational. Data were obtained by mailed questionnaires. Through follow-up phone calls and facsimiles, 79 out of 83 facilities responded. Data were estimated for four facilities that did not respond to the survey. In 2007, the survey included an addendum that collected in-depth data on inmate health services and facility programs. Seventy-eight facilities responded to at least a portion of the addendum. Average length of stay The stock/flow ratio method was used to measure the average length of stay for inmates held during June 2007 in the 79 Indian country jails that responded to the survey: Stock--average daily population Flow--inmate admissions during June 2007*** Jail admissions replaced releases in order to draw comparison to 2004, in which releases were not collected.*** Stock/flow ratio in June 2007 (1,872/12,490) Length of stay in days (0.15 X 30). Indian country is a statutory term that includes all lands within an Indian reservation, dependent Indian communities, and Indian trust allotments (18 U.S.C.  1151). Courts interpret  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 American Indian offenders is limited to one year per offense by statute (25 U.S.C.  1302), a $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.  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 is the statistical agency of the U.S. Department of Justice. Michael D. Sinclair is Acting Director. BJS Bulletins present the first release of findings from permanent data collection programs. This Bulletin was written by Todd D. Minton. Heather C. West provided statistical review and verification. Lara E. Allen and James J. Stephan provided statistical verification. Georgette Walsh edited the report. Tina Dorsey produced the report and Jayne E. Robinson prepared the report for final printing under the supervision of Doris J. James. This report was made possible through a cooperative agreement between BJS and Westat, Inc. At Westat, Cynthia Helba, Ph.D. and Craig Love, Ph.D. carried out the data collection and processing with the assistance of Rose Windle. Karla Elsen provided data validation and non-response follow-up. Mary Ann Deak produced the appendix tables. November 2008, NCJ 223760 This report in portable document format (includes 13 appendix tables) and in ASCII and its related statistical data are available at the BJS World Wide Web Internet site: . Office of Justice Programs Innovation Partnerships Safer Neighborhoods http://www.ojp.usdoj.gov 11/6/2008/ JER