U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics February 2011, NCJ 232223 Jail in Indian Country, 2009 Todd D. Minton, BJS Statisticians ---------------------------------------------------------- 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://bjs.ojp.usdoj.gov/index.cfm?ty=pbse&sid=32 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://bjs.ojp.usdoj.gov/index.cfm?ty=dcdetail&iid=2223. ----------------------------------------------------------- At midyear 2009, a total of 2,176 inmates were confined in Indian country jails, a 1.9% increase from the 2,135 inmates confined at midyear 2008 (figure 1). This count was based on data from 80 facilities, including jails, confinement facilities, detention centers, and other correctional facilities, that were in operation in Indian country at midyear 2009. For 2008, the number of inmates was based on data for 82 facilities in operation at midyear 2008. The number of inmates held in Indian country jails between 2004 and 2009 increased by 25% from 1,745 to 2,176. On June 30, 2009, the number of American Indians and Alaska Natives confined in jails outside of Indian country (9,400) 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 between 2004 and 2009 The Bureau of Justice Statistics (BJS) collected data from 68 correctional facilities in Indian country in 2004, from 79 in 2007, from 82 in 2008, and from 80 in 2009. The survey was not conducted in 2005 and 2006. Over the 5-year period, a number of facilities closed and new facilities became operational. Eleven facilities permanently closed between 2004 and 2009 and a total of 21 facilities were newly constructed. 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 and2009 surveys. See Methodology for additional details on facility counts and participation in the surveys. --------------------------------------------------------- HIGHLIGHTS * The number of inmates confined in Indian country jails increased by 1.9% between midyear 2008 and 2009, reaching 2,176 inmates. * Nationwide, American Indians and Alaska Natives under correctional supervision in the U.S. increased 5.6 percent, from an estimated 75,400 offenders in 2008 to 79,600 in 2009. Nearly two-thirds of the population (63 percent or 50,200) was under supervision in the community on probation or parole in 2009, and about a third (29,400 or 37 percent) was in prison or jail. * Over the 12 months ending June 2009, the average daily jail population in Indian country increased by 12%, and the percentage of occupied bed space increased from 64.2% to 73.5%. * Eleven jails (14% of all facilities) held 51% of inmates confined at midyear 2009. * During June 2009, the number of inmates admitted into Indian country jails (11,357) was about 5 times the size of the average daily population (2,124). * The expected average length of stay increased by a half day from 5.1 days during June 2008 to 5.6 days during June 2009. * Indian country jail authorities reported no deaths in custody between July 1, 2008, and June 30, 2009, down from 4 reported deaths during the 12-month period ending June 30, 2008; attempted suicides by inmates declined from 78 in 2008 to 56 in 2009. * Indian country jails held fewer inmates for domestic violence at midyear 2009 (252), continuing the downward trend in the number held for this offense since 2007 (362). * The percentage of certified correctional officers working in Indian country jails increased steadily, from 63% at midyear 2007 to 79% at midyear 2009. -------------------------------------------------------- -------------------------------------------------------- American Indian and Alaska Natives Under Correctional Supervision The number of American Indians and Alaska Natives on probation or parole, or incarcerated in jail or prison reached 79,600 at midyear 2009, up nearly 6% from midyear 2008 and 12% from midyear 2007. According to the U.S. Census Bureau's National Population Estimates, 3,151,284 American Indians and Alaska Natives lived in the United States on July 1, 2009, accounting for about 1% of the U.S. resident population. The number of American Indians and Alaska Natives in jail or prison accounted for 1.3% (29,400) 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, 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. 7 1162). At midyear 2009, tribal, federal, state, and local jail correctional authorities held 932 American Indians per 100,000 American Indian U.S. residents. (American Indians in this report include Alaska Natives.) The incarceration rate for American Indians was about 25% higher than the overall national incarceration rate of 747 per 100,000 persons other than American Indians or Alaska Natives. Federal, state, local, and tribal correctional authorities supervised an estimated 79,600 American Indians in 2009, up from 75,400 in 2008 (figure 2). Between 2000 and 2009, the number of American Indians confined in jails and prisons nationwide grew on average by about 4.3% annually. Among American Indians under any form of correctional supervision in 2009, most (63% or 50,200) were supervised in the community on probation or parole (table 1). A total of 29,400 American Indians were in jail or prison at midyear 2009. Almost 50% (14,646) were held in state prison, and about 11% were held in federal prison (3,154). The remaining 11,576 American Indians were confined in Indian country jails (2,176) and local jails (9,400). 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 2008 and 2009, the number of American Indians under correctional supervision increased by 5.6%. The number of American Indians confined in jails and prisons nationwide grew by approximately 3.5% from 2008 to 2009. Over the 12-month period, the largest growth in the confined American Indian population occurred in federal prison (5.5%) followed by local jails (4.4%), state prisons (2.7%), and Indian country jails (1.9%). ---------------------------------------------------------- On an average day in June, the percentage of occupied bed space increased from 64.2% to 73.5% At midyear 2009, the 80 jail facilities in Indian country were rated to hold 2,891 inmates, down from 2,963 in 82 facilities during the same period in 2008 (table 2). The average daily population (ADP) in June the population measure used to calculate percent of capacity occupied increased by nearly 12%, from 1,903 (June 2008) to 2,124 inmates (June 2009), while the capacity to hold inmates decreased by 2%. Consequently, the percentage of rated capacity occupied in Indian country jails increased from 64% to 73% during the 12-month period. On June 30, 2009, the 80 facilities held a total of 2,176 inmates and were operating at 75% of rated capacity, remaining relatively stable since 2007. From June 2004 to June 2009, the overall number of beds (or rated capacity) grew at a faster rate (34%) than the the inmate population (25%). About 9 in 10 inmates were confined in the larger Indian country jails rated to hold 25 or more inmates Of the 2,176 inmates confined in 80 Indian country jails at midyear 2009, about 87% (1,884) were held in 45 facilities rated to hold 25 or more inmates (table 3). Nearly equal shares of inmates were held in 30 facilities rated to hold 25 to 49 inmates (42%) and in 15 facilities rated to hold 50 or more inmates (44%). The 35 facilities with a rated capacity of fewer than 25 inmates accounted for about 44% of all facilities and held about 13% of all jail inmates in Indian country. At midyear 2009, Indian country jails held an average of 27 inmates per facility. The confined jail population ranged from a low of no inmates in 7 facilities to a high of 192 inmates in the Tohono O'odham Adult Detention Center. This facility held nearly 9% of the total population in Indian country jails at midyear 2009. Eleven jails held more than half (51%) of the total inmate population at midyear 2009 (table 4). Between midyear 2008 and midyear 2009, the population in these jails increased by 247 inmates (29%). In 2008, 9 of the 11 facilities held the majority of jail inmates in Indian country. Over the 365-day period, 6 jails that held the majority of inmates in Indian country in 2008 experienced large declines in their jail populations. The combined decrease in the size of the jail population in these facilities was 33% (90 inmates) from midyear 2008 to midyear 2009. Among the 11 facilities holding the majority of inmates in 2009, the Gila River Department of Corrections and Supervision-Adult facility reported the largest decline (30 inmates or 17%) in the number of jail inmates. The jail population in this facility has decreased by 92 inmates (38%) from its peak of 241 inmates reported at midyear 2007. Two facilities, the Truxton Canyon Adult Detention Center and the Laguna Tribal Police and Detention Center, were among the 11 facilities holding the majority of jail inmates in 2009. These two facilities were not among the 11 facilities holding the majority of inmates in 2008 (See Jails in Indian Country, 2008, NCJ 228271, BJS website, December 2008). The Truxton Canyon Adult Detention Center reported the largest increase in the inmate population (66 inmates or 169%) between midyear 2008 and midyear 2009. The Laguna Tribal Police and Detention Center increased by 58% (19 inmates) between 2008 and 2009. Based on the 80 facilities responding to the survey in both 2008 and 2009, the overall change in the inmate population (up 45 inmates) was relatively small. Thirty-three facilities, mostly the larger facilities, accounted for this increase (not shown in table). Change in the size of the jail population in Indian country was varied. More than half of the 80 jails experienced either a decline (40 jails) or no change (7 jails) in the size of their inmate population over the 12-month period ending midyear 2009. Overall, the 50% increase (415 inmates) in the jail population in 33 jails was offset by a 30% decline (370 inmates) in 40 jails. The use of jail space varied by facility size Indian country jails rated to hold 25 to 49 inmates were operating at 89% of their rated capacity on June 30, 2009, and at 79% on an average day in June. An average day in June was based on the average daily population, or the sum of the numbers held on each day in June, divided by 30. In contrast, the lowest percentage of capacity occupied during June 2009 was among the 11 small jails rated to hold fewer than 10 inmates. These facilities were operating at 21% of rated capacity at midyear and at 17% of capacity on an average day in June 2009 (figure 3). Compared to facilities in all other size categories, the large jails with a rated capacity of 50 or more inmates reported the only increase in occupied bed space between 2008 and 2009. The percentage of capacity occupied in these jails increased from 51% to 69% during the 12 months ending at midyear 2009, and from 49% to 73% on an average day in June 2008 and 2009. The amount of bed space occupied was also measured based on a facility's most crowded day in June. Nearly half (38 facilities) of the 80 facilities in Indian country were operating above rated capacity on the most crowded day in June (table 5). Of those facilities, 18 were operating above rated capacity on June 30, and 13 were operating above rated capacity on an average day during June 2009. Thirteen jails were operating at more than 50% over capacity on their most crowded day in June 2009 At midyear 2009, 13 jails in Indian country reported operating at more than 50% over rated capacity on the facility's most crowded day in June 2009, down from 18 facilities during June 2008 (table 6). Eight of these 13 jails were rated to hold 25 or more inmates, and 5 were rated to hold fewer than 25 inmates. Tohono O'odham Adult Detention Center (AZ), with a rated capacity of 107 inmates, was the largest of these jails and operated at 86% over capacity on its peak day in June 2009. Between July 2008 and June 2009, this facility was renovated to accommodate 73 additional beds. As a result, the percent of occupied space declined from 429% on the facility's most crowded day in June 2008 to 186% in June 2009. Among the 13 facilities operating at more than 50% over rated capacity on their most crowded day in June, 7 were also operating at more than 50% over capacity at midyear 2009 and 5 on an average day in June 2009. Four facilities were operating at more than 50% over capacity on all three measures (midyear, most crowed day, and the average day in June 2009): White Mountain Apache Detention Center, Truxton Canyon Adult Detention Center, Northern Cheyenne Adult Detention Center, and the Tohono O'odham Adult Detention Center. High volumes inmates were processed through Indian country jails Eighty Indian country jails admitted 11,357 persons during June 2009, up slightly from 11,149 admissions in 81 facilities during June 2008 (table 7). The number of admissions grew by 1.6% in the 79 facilities that reported data on admissions in both June 2009 (11,323) and June 2008 (11,147) (not shown in a table). Admissions to facilities rated to hold between 25 to 49 inmates accounted for about 48% (5,503) of all admissions in June 2009, down from 59% of all admissions in June 2008. The largest Indian country jails accounted for less than 20% of all facilities and reported a total increase of nearly 75% in the number of jail admissions during the 12-month period. Admissions to the largest Indian country jails increased from 1,915 to 3,342 from June 2008 to June 2009. The 15 jails rated to hold 50 or more inmates had the highest average number of admissions per month (233), compared to jails in all other size categories (not shown). Inmate deaths and attempted suicides in Indian country jails declined Indian country jail authorities reported no deaths in custody between July 1, 2008, and June 30, 2009, down from 4 reported deaths during the 12-month period ending June 30, 2008. Attempted suicides by inmates declined from 78 in 2008 to 56 in 2009. Expected length of stay was 5.6 days for Indian country jail inmates in June 2009 During June 2009, the expected averagelength of stay for inmates confined in Indian country jails was 5.6 days, up from 5.1 days during June 2008. Length of stay is the time held in custody from admission to release. The expected length of stay for inmates was the highest (9.1 days) in facilities that were rated to hold 50 or more inmates, down from 10.3 days in June 2008. Inmates held in jails rated to hold less than 10 inmates experienced the shortest expected length of stay (2.1 days). Inmate characteristics remain relatively unchanged; the number held for domestic violence declined Inmate characteristics by sex, age, and offense have changed in absolute numbers since 2000 (table 8). However, the distribution within most categories remained stable between 2000 and 2008, with a change in the distribution of inmates by sex, conviction status, and offense type at midyear 2009. Adult males have accounted for the largest portion of the inmate population in Indian country jails during the decade. The female jail population has had small but steady increases from midyear 2000 to 2008, with a nearly 8% decrease in the size of this population between midyear 2008 and midyear 2009. Except for one juvenile female inmate, the decline was entirely among the adult female jail population. The percentage of convicted inmates increased from 57% in 2002 to 69% in 2009. Inmates confined for a violent offense made up about 37% of the jail population at midyear 2009, down from 41% at midyear 2008. Most (75%) of this decline was among the population held for domestic violence. Domestic violence (12%) and simple or aggravated assault (15%) accounted for the largest percentage of violent offenders held in 2009, followed by unspecified violent offenses (8%) and rape or sexual assault (2%). Since peaking at midyear 2007, the percentage of inmates held for domestic violence has steadily declined, from 20% in 2007 to 12% in 2009. The Gila River Department of Corrections-Adult accounted for a large portion of the decline in domestic violence offenders between 2007 and 2009. It reported a 38% decrease in the confined inmate population between midyear 2007 (241) and midyear 2009 (149), and a 74% decline in the number of inmates held for a domestic violence (from 180 in 2007 to 46 in 2009). Steady increase in the number of certified correctional officers and in-service training Seventy-nine Indian country jails employed 1,332 persons at midyear 2009 (table 9). About 69% (916) 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 416 jail personnel included administrative employees, educational staff, technical or professional staff, clerical, maintenance, or food service staff, and other job functions. Overall, the ratio of inmates to jail operations employees was 2.4 inmates to 1 employee at midyear 2009, remaining relatively stable since 2008 (2.3 to 1) and 2004 (2.5 to 1). Seventy-six facilities reported that 710 (79%) correctional officers had received basic detention officer certification, up from 69% in 2008 and 63% in 2007 (not shown). Seventy-four facilities reported that 750 (84%) correctional officers had received 40 hours of in-service training, up from 74% in 2008 and 70% in 2007. 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 2009 and included the number of inmates and percent of capacity occupied based on the ADP, midyear population, and peak population in facilities in June 2009 (table 10). Through a cooperative agreement with BJS, Westat, Inc. 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, 2009. Annually, BIA provides BJS a list of Indian country jail facilities, including detention centers, jails, and other correctional facilities operated by tribal authorities or BIA. BJS uses this list to update 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 2 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. In 2008, BJS's 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 2009, the BJS roster consisted of 86 facilities. BJS received responses from 80 facility administrators; there were no nonrespondents, and 6 facilities were non-operational. For comparison over time, BJS estimated data on inmate populations for the 7 facilities in 2004 and 4 facilities in 2008 that did not respond to the surveys.' Expected length of stay The stock-flow ratio method was used to measure the expected average length of stay for inmates held during June 2009 in the 80 Indian country jails that responded to stock and flow items in the survey: Stock--average daily population Flow--inmate admissions during June 2009 Stock-flow ratio in June 2009 (2,124/11,357=0.187) Expected length of stay in days (0.187 30) is the average number of days held in custody from admission to release. 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 Section 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. --------------------------------------------------------- Office of Justice Programs * Innovation * Partnerships * Safer Neighborhoods * http://www.ojp.usdoj.gov ---------------------------------------------------------- ---------------------------------------------------------- The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. James P. Lynch is the director. This Bulletin was written by Todd D. Minton. Paul Guerino and Tracy Snell provided statistical review and verification of the report. At Westat, Karla Eisen carried out the data collection and processing with the assistance of Melissa Wilson. Mary Ann Deak produced table 10 and the appendix tables. Georgette Walsh and Jill Duncan edited the report, Tina Dorsey produced the report, and Jayne Robinson prepared the report for final printing under the supervision of Doris J. James. February 2011, NCJ 232223 This report in portable document format and in ASCII and its related statistical data and tables are available at the BJS website: http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=2223. ---------------------------------------------------------- 2/17/2011/JER