U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin Jails in Indian Country, 2008 December 2009 NCJ 228271 ------------------------------------------------------------ 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.bjs.gov/index.cfm?ty=pbdetail&iid=1748 ------------------------------------------------------------ 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.bjs.gov/index.cfm?ty=pbse&sid=32 ------------------------------------------------------------ Todd D. Minton BJS Statistician At midyear 2008 a total of 2,135 inmates were confined in Indian country jails, a 1.3% decrease from the 2,163 inmates confined at midyear 2007 (figure 1). This count was based on data from 82 facilities--jails, confinement facilities, detention centers, and other correctional facilities--that were in operation in Indian country at midyear 2008. For 2007, BJS' estimate of the number of inmates was based on data for 83 facilities in operation at midyear 2007. The slight decrease in inmate population from 2007 to 2008 reverses the increase in the number held in Indian country jails that occurred between 2004 and 2007, when the inmate population increased by 24% from 1,745 to 2,163. On June 30, 2008, the number of American Indians and Alaska Natives confined in jails outside of Indian country (9,000) was more than 4 times the number held in jails in Indian Country (see box on page 2). The number of jails in Indian country has increased The Bureau of Justice Statistics (BJS) collected data from 68 correctional facilities in Indian country in 2004, from 79 in 2007, and from 82 in 2008. Over this 4-year period, a number of facilities closed and new facilities became operational. Twenty-one facilities were newly constructed or new to the survey in 2007, and two new facilities were added to the survey during 2008. In addition, one facility that was closed in 2004 reopened during 2007 and was included in the 2007 and 2008 surveys. Ten facilities closed during the 4-year period. BJS estimated inmate population counts for 7 facilities in 2004 and 4 facilities in 2007 that did not respond to the surveys. All known operating facilities responded to the 2008 survey. Highlights *The number of inmates confined in Indian country jails declined by 1.3% at midyear 2008, dropping to 2,135 inmates. The number of inmates admitted into Indian country jails during June 2008 was about 6 times the size of the average daily population. *Since midyear 2004, jail bed space for admissions expanded faster than the growth in the inmate population (37% compared to 22%). *Thirty-six facilities were operating above their rated capacity on their most crowded day in June 2008. Of these facilities, 17 were operating above their rated capacity at midyear 2008 and 16 were operating above their rated capacity on an average day in June 2008. *Sixteen jails (a fifth of all facilities) held 53% of the inmates confined at midyear 2008. *Inmates held for aggravated and simple assault increased at midyear 2008; domestic violence declined. The number of American Indians and Alaska Natives under correctional supervision (probation, parole or incarcerated in jail or prison) reached 75,388 at midyear 2008, up from 71,274 at midyear 2007 According to the U.S. Census Bureau's National Population Estimates, 3,083,434 American Indians and Alaska Natives lived in the United States as of July 1, 2008, accounting for 1% of the U.S. resident population. The number of American Indians and Alaska Natives in jail or prison accounted for 1.2% (28,388) of all inmates in custody in jail or prison in the U.S. 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 1 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 2008, tribal, federal, and state prison or jail authorities held 921 American Indians per 100,000 American Indian U.S. residents an incarceration rate based on 28,388 American Indians confined in prisons or jails and 3 million in the U.S. resident population (American Indians in this report includes Alaska Natives.) The incarceration rate for American Indians was about 21% higher than the overall national incarceration rate of 759 per 100,000 persons other than American Indians or Alaska Natives. Federal, state, local, and tribal correctional authorities supervised 75,388 American Indians in 2008, up from 71,274 in 2007 (figure 2). Between 2000 and 2008, the number of American Indians confined in jails and prisons nationwide grew on average by about 4.3% annually. Of American Indians under any form of correctional supervision in 2008, most (62% or 47,000) were supervised in the community on probation or parole (table 1). A total of 28,388 American Indians were in jail or prison at midyear 2008. More than half (14,264) were held in state prison, and about 1 in 10 was held in federal prison (2,989). The remaining 11,135 American Indians were confined in Indian country jails (2,135) and local jails (9,000). 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. Between midyear 2007 and 2008 the number of American Indians under correctional supervision increased by 5.8%. The number of American Indians confined in jails and prisons nationwide grew by approximately 2.6% from 2007 to 2008. Over the 12-month period, the largest growth in the confined American Indian population occurred in local jails (4.7%), followed by state prison (2.2%), and federal prison (1.2%). Indian country jails experienced a decline in the inmate population (-1.3%). Bed space for inmates continues to grow faster than the confined population in Indian country At midyear 2008, the 82 jail facilities in Indian country were rated to hold 2,963 inmates, up from 2,900 in 83 facilities during the same period in 2007. On June 30, 2008, those facilities held a total of 2,135 inmates and were operating at 72% of rated capacity (table 2). On an average day in June, the custody population was 1,903 inmates, and facilities in Indian country were operating at 64% of capacity. From June 2004 to June 2008, the overall number of beds (or rated capacity) grew at a faster rate (37%) than the 22% growth in the inmate population. Most inmates were confined in the larger Indian country jail facilities rated to hold 25 or more inmates Of the 2,135 inmates confined in 82 Indian country facilities in midyear 2008, about 85% (1,821) were held in 47 facilities rated to hold 25 or more inmates (table 3). About half of the inmate population was held in 33 facilities rated to hold 25 to 49 inmates. The 35 facilities with a rated capacity of fewer than 25 inmates accounted for about 43% of all facilities and held under 15% of the total inmate population in Indian country at midyear 2008. At midyear 2008, 16 jails in Indian country held more than half (53%) of the total inmate population (table 4). Between midyear 2007 and midyear 2008, the inmate population in those jails increased by 145 persons (17%). About a quarter (12) of the Indian country jails rated to hold 25 or more inmates were located in Arizona. These jails held about a third (730 inmates) of the total custody population in Indian country. In absolute numbers, the Standing Rock Law Enforcement and Adult Detention reported the largest increase in the number of inmates (61) held between midyear 2007 and midyear 2008, due in part to an expanded law enforcement initiative. The Gila River Department of Corrections and Supervision-Adult reported the largest decline (62 inmates or 26%) in its inmate population during this period. The Salt River Pima-Maricopa Department of Corrections followed closely with a decline (18 inmates or 26%) in their inmate population. The smallest and largest jails in Indian country used less bed space for confined inmates Indian country jails were operating at about 64% of rated capacity on an average day in June and at about 72% of rated capacity at midyear 2008. 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 2008 was among the smallest and the largest jails (figure 3). Twelve jails (rated to hold fewer than 10 inmates) were operating at 20% of their rated capacity on an average day in June 2008, compared to 32% at midyear 2008 (last weekday in June). Large jails in Indian country with a rated capacity of 50 or more inmates had nearly half of their bed space occupied on an average day in June (49%) and at midyear (51%). Indian country jails rated to hold 25 to 49 inmates were operating near full capacity (97%) at midyear 2008 and at 83% of their capacity on an average day in June 2008. The amount of bed space occupied was also measured based on a facility's most crowded day in June. About 4 in 10 facilities (36) in Indian country were operating above rated capacity on the facility's most crowded day in June (table 5). Of those facilities, 17 were operating above rated capacity at midyear, and 16 were operating above rated capacity on an average day in June 2008. 18 jails were operating at more than 50% over capacity on their most crowded day in June 2008 At midyear 2008, 18 jails in Indian country reported operating at more than 50% over their rated capacity on the facility's most crowded day in June 2008, which was the same as the number of facilities at more than 50% over capacity during June 2007 (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 2008, nearly two-thirds (11) were rated to hold fewer than 25 inmates. Seven were rated to hold 25 or more inmates. The largest of these jails, Standing Rock Law Enforcement and Adult Detention, had a rated capacity of 48 inmates and was operating at 56% over capacity. The White Mountain Apache Detention Center had a rated capacity of 46 inmates and was 146% over capacity on its peak day in June. The Tohono O'odham Adult Detention Center had the highest occupancy rate (429%) and the largest number of inmates over capacity (112) on its most crowded day in June 2008. Of the 18 facilities, the Standing Rock Law Enforcement and Adult Detention had the lowest occupancy rate (156%) on its peak day in June 2008. Among the 18 facilities operating at more than 50% over their rated capacity on their most crowded day in June, four were also operating at more than 50% over capacity at midyear 2008. Three facilities were operating at more than 50% over capacity during all three points at which capacity is measured (midyear, most crowed day, and the average day in June 2008): Tohono O'odham Adult Detention Center, the White Mountain Apache Detention Center, and the Acoma Tribal Police and Holding Facility. High volumes of inmates were processed through Indian country jails Eighty-one Indian country jails admitted 11,149 persons during June 2008, down from 12,490 admissions in 79 facilities during the same period in 2007 (table 7). The number of admissions grew by 2.6% in 76 facilities that reported on their admissions in both June 2007 (10,435) and June 2008 (10,705) (not shown in a table). Three facilities accounting for 16% or 2,055 of all admissions (12,490) during June 2007 were closed during June 2008. Five facilities that did not report on the number admissions during June 2007 accounted for 4.0% (444) of all admissions (11,149) during June 2008. About 59% (6,595) of all admissions in June 2008 occurred in facilities rated to hold 25 to 49 inmates. Combined, the 81 facilities that reported on admissions had about 138 admissions per month on average in June 2008. Thirty-three facilities rated to hold 25 to 49 inmates had the largest number of admissions (200) per month on average during June 2008. This was followed by 14 facilities rated to hold 50 or more inmates that admitted 137 persons per month on average and 22 facilities rated to hold 10 to 24 inmates that admitted 110 persons per month on average. Twelve facilities rated to hold fewer than 10 inmates admitted about 19 persons per month on average during June 2008. In 2008 four deaths in custody were reported by jail authorities between July 1, 2007, and June 30, 2008. One of the deaths was classified as a suicide. During the 12-month period, 70 inmates held in Indian country facilities attempted suicide. Expected length of stay was 5.1 days for Indian country jail inmates in June 2008 During June 2008, the expected length of stay for inmates confined in Indian country jails was 5.1 days, up from 4.5 days during the same period in 2007. The closure of the Pine Ridge Police Department and Adult Detention accounted for most of the change in the expected length of stay between 2007 and 2008. The expected length of stay for inmates was the highest (10.3 days) in facilities that were rated to hold 50 or more inmates, up from 9.4 days in June 2007. Inmates held in jails rated to hold less than 10 inmates experienced the shortest expected length of stay (1.8 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 8 years. Adult males accounted for the largest portion of the inmate population in Indian country jails during the decade. 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 2008. From 2007 to 2008, the percentage of inmates in custody with a conviction status increased from 59% at midyear 2007 to 63% during the same period in 2008. About 4 in 10 inmates were confined for a violent offense at midyear 2008, relatively unchanged since 2004. Domestic violence and simple or aggravated assault (each 15%) accounted for the largest percentage of violent offenders held in 2008, followed by unspecified violent offenses (9%) and rape or sexual assault (2%). Sixty-two facilities reported complete data on inmate offense characteristics in 2007 and 2008. Of these, 17 facilities experienced an increase in the number of inmates held for a domestic violence offense, and 20 facilities reported a decline in their domestic violence population. The Gila River Department of Corrections-Adult contributed to a significant portion (70%) of the decline. It experienced a 26% decrease in the confined inmate population between midyear 2007 (241) and midyear 2008 (179), and a 55% decline in the number of inmates held for a domestic violence (from 180 in 2007 to 81 in 2008). Since 2000, less than 1 in 10 inmates in Indian country jails were in custody for a drug offense. In absolute numbers, 104 inmates were in custody for a drug law violation at midyear 2008, down from 132 in 2004. Inmates in custody for a DWI/DUI offense declined during the 8-year period, from 17% at midyear 2000 to 9% at midyear 2008. Jail operations staff accounted for the majority of persons employed by Indian country jails Eighty-one jails in Indian country employed 1,303 persons at midyear 2008 (table 9). About 70% (912) 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 391jail personnel included administrative employees, educational staff, technical or professional staff, clerical, maintenance, or food service staff, and other job functions. Eighty facilities reported that 630 (69%) correctional officers had received basic detention officer certification, up from 63% reported in 2007. Seventy-six facilities reported that 646 (74%) correctional officers had received 40 hours of in-service training, up from 70% in 2007. Overall, the ratio of inmates to jail operations employees was 2.3 to 1 respectively at midyear 2008, down from 2.5 to 1 at midyear 2004. 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 2008 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 2008 (table 10). 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 30, 2008. Annually, the Office of Justice Services, Bureau of Indian Affairs (BIA), U.S. Department of the Interior, provides to BJS a list of Indian country jail facilities. The list includes detention centers, jails, and other correctional facilities operated by tribal authorities or the BIA. BJS uses this list to amend its existing roster of jails in Indian country. BJS obtains data from administrators of Indian country jails by mailed questionnaires and through follow-up phone calls and facsimiles. In 2004, BJS contacted administrators in 70 facilities to participate in the survey; BJS received responses from 61 facilities; 7 did not respond and two facilities were non-operational. In 2007, the BJS roster consisted of 86 facilities. Seventy-nine of the facility administrators responded to the survey; 4 did not respond; and BJS found that 3 facilities were non-operational. For 2008, BJS' roster of Indian country jails consisted of 85 facilities; BJS received responses from 82 facility administrators; there were no nonrespondents; and 3 facilities were non-operational. For comparison over time, BJS estimated data on inmate populations for the 7 facilities in 2004 and 4 facilities in 2007 that did not respond to the surveys. Expected length of stay The stock-flow ratio method was used to measure the expected length of stay for inmates held during June 2008 in the 81 Indian country jails that responded to stock and flow items in the survey: Stock--average daily population Flow--inmate admissions during June 2008 Stock--flow ratio in June 2008 (1,883/11,149) Length of stay in days (0.17 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 statistics 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. James J. Stephan provided statistical verification. Catherine Bird and Jill Duncan 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. and Melissa Wilson 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 table 10 and the appendix tables. December 2009, NCJ 228271 ---------------------------------------------------------------- ---------------------------------------------------------------- This report in portable document format and in ASCII and its related statistical data and tables are available at the BJS World Wide Web Internet site: . Office of Justice Programs Innovation • Partnerships • Safer Neighborhoods http://www.ojp.usdoj.gov ------------------------------------------------------------ ----------------------------------------------------------- 11/21/2009/ JER 8:36