U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics December 2011, NCJ 236073 Jails in Indian Country, 2010 Todd D. Minton, BJS Statistician --------------------------------------------------- This file is text without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.cvs) and the full report including tables and graphs in .pdf format are available at: http://bjs.gov/index.cfm?ty=pbdetail&iid=2373 This reports is one in series. More recent editions may be available. To view a list of all reports in the series go to http://bjs.gov/index.cfm?ty=pbse&sid-32 --------------------------------------------------- At midyear 2010, a total of 2,119 inmates were confined in Indian country jails, a 2.6% decrease from the 2,176 inmates confined at midyear 2009 (figure 1). This count was based on data from 75 facilities, including jails, confinement facilities, detention centers, and other correctional facilities that were operating in Indian country at midyear 2010. For 2009, the number of inmates was based on data for 79 facilities in operation at midyear 2009. Between 2004 and 2010, the number of inmates held in Indian country jails increased by 21%, from 1,745 to 2,119. On June 30, 2010, the number of American Indians and Alaska Natives confined in jails outside of Indian country (9,900) was nearly 5 times the number held in jails in Indian country. The number of operating jails in Indian country increased between 2004 and 2010 Through the Annual Survey of Jails in Indian Country (SJIC), the Bureau of Justice Statistics (BJS) collected data from correctional facilities between 2004 and 2010. The survey was not conducted in 2005 or 2006. The number of facilities increased from 68 in 2004 to 75 in 2010. Over the 6-year period, 11 facilities permanently closed and 21 facilities were newly constructed. A number of facilities were also determined to be out of scope of the survey, including 4 facilities that were included in the 2009 survey. 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, 2009, and 2010 surveys. (See Methodology for information on jails in Indian country, including details on facility counts and participation in the surveys.) ************************************************ HIGHLIGHTS * Nationwide, 78,900 American Indians and Alaska Natives were under correctional supervision in the United States. * About 62% of these offenders (48,700) were under supervision in the community on probation or parole in 2010, and 38% (30,200) were in prison or jail. * At midyear 2010, a total of 2,119 inmates were confined in Indian country jails, a 2.6% decrease from the 2,176 inmates confined at midyear 2009. * Fourteen jails held more than half (51%) of the total inmate population in Indian country at midyear 2010. * The number of inmates admitted into Indian country jails (12,545) during June 2010 was about 6 times the size of the average daily population (2,009). * For the 75 facilities operating in June 2010, the expected average length of stay for inmates was 4.8 days. * The expected average length of stay during June 2010 was the highest (12.5 days) in facilities rated to hold 50 or more inmates and the lowest (2.3 days) for jails rated to hold 10 to 24 inmates. * After a peak in the percentage of convicted inmates in 2009 (69%), the percentage of convicted inmates in 2010 declined to 59%. * About 3 in 10 inmates in Indian country jails were confined for a violent offense at midyear 2010, down from about 4 in 10 inmates in each year between midyear 2004 and midyear 2009. ************************************************ ------------------------------------------------ American Indians 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 78,900 at midyear 2010, down from 79,600 in 2009 (figure 2). According to the U.S. Census Bureau, nearly 3.2 million American Indians and Alaska Natives lived in the United States on July 1, 2010, accounting for about 1% of the U.S. resident population. The number of American Indians and Alaska Natives in jail or prison accounted for 1.4% (30,200) of all inmates in custody in jail or prison in the United States. American Indians and Alaska Natives held in Indian country jails accounted for 7% of all American Indians and Alaska Natives confined in jail or prison nationwide. At midyear 2010, tribal, federal, state, and local jail correctional authorities held about 950 American Indians per 100,000 American Indian U.S. residents, up from a rate of about 930 during the same period in 2009. (American Indians in this report include Alaska Natives.) The incarceration rate for American Indians was higher than the overall national incarceration rate of about 700 per 100,000 persons other than American Indians or Alaska Natives. Between 2000 and 2010, the number of American Indians confined in jails and prisons nationwide grew on average by about 4.1% annually. Among American Indians under any form of correctional supervision in 2010, most (62% or 48,700) were supervised in the community on probation or parole (table 1). A total of 30,200 American Indians were in jail or prison at midyear 2010. Almost half (14,940) were held in state prison, and about 11% were held in federal prison (3,258). The remaining 12,019 American Indians were confined in Indian country jails (2,119) and local jails (9,900). 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 2009 and 2010, the number of American Indians under correctional supervision declined by less than 1%. The number of American Indians supervised in the community on probation or parole declined by 3.0%. The overall decline in the number of American Indians under correctional supervision was offset by an increase (up 2.7%) in the number of American Indians confined in jails and prisons between midyear 2009 and 2010. Over the 12-month period, the largest growth in the confined American Indian population occurred in local jails (up 5.3%), followed by federal prisons (up 3.3%), and state prisons (up 2.0%). The inmate population in Indian country jails declined by 2.6% between midyear 2009 and 2010. ------------------------------------------------------ Jurisdiction over crimes committed in Indian country 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). ------------------------------------------------------ On an average day in June, the percentage of occupied bed space decreased from 71% to 67% At midyear 2010, the 75 jail facilities in Indian country were rated to hold 3,001 inmates, an overall rated capacity that remained relatively stable from the level measured in 2009, when 79 operating facilities reported 3,009 beds (table 2). Based on the 74 facilities that reported rated capacity in both 2009 and 2010 (one facility was not operating in 2009), the amount of bed space remained the same in 57 facilities, increased by 190 beds in 10 facilities, and declined by 156 beds in 7 facilities. When measured relative to the average daily population (ADP), the percentage of rated capacity occupied in Indian country jails decreased from 71% in June 2009 to 67% in June 2010. This change was a result of the decline in the ADP and stability in the total number of beds. The ADP in June decreased by 5%, from 2,124 inmates in June 2009 to 2,009 in June 2010, while the total capacity to hold inmates remained stable. When measured relative to the midyear inmate count on June 30, 2010, Indian country jails held a total of 2,119 inmates and were operating at 71% of rated capacity, remaining relatively stable since 2008. From June 2000 to June 2010, the overall number of beds (or rated capacity) grew at a faster rate (up 45%) than the midyear inmate population grew (up 19%). Fourteen jails held more than half of all inmates Based on the 74 facilities responding to the survey in both 2009 and 2010, the overall change in the inmate population was small (down 67 inmates). Thirty-one facilities accounted for this decrease (not shown in table). Change in the size of the jail population in Indian country varied. More than half of the 74 jails experienced either an increase (36 jails) or no change (7 jails) in the size of their inmate population over the 12-month period ending midyear 2010. Overall, the 28% decrease (349 inmates) in the jail population in 31 jails was offset by a 33% increase (282 inmates) in 36 jails. Fourteen jails held 51% of the total inmate population at midyear 2010 (table 3). Between midyear 2009 and midyear 2010, the population in these 14 jails decreased by 32 inmates (down 3%). Over the 12-month period, 5 of these facilities experienced a decline of 142 inmates in their populations, 8 facilities experienced an increase (110 inmates), and one facility was not operating in 2009. Among the 14 facilities holding the majority of inmates, the Oglala Sioux Tribal Offenders facility reported the largest decline (down 41 inmates or 43%) in the number of jail inmates. The Gila River Department of Corrections and Supervision-Adult had the second largest decline in absolute numbers (down 34 inmates). The midyear jail population in this facility decreased by 126 inmates (52%) from its peak of 241 inmates reported at midyear 2007. The Fort Hall Police Department and Adult Detention Center reported the largest increase in the inmate population (up 40 inmates) between midyear 2009 and midyear 2010. In 2010, this jail moved into a new facility rated to hold 80 inmates, up from 28 at midyear 2009. Five facilities were not among the facilities holding the majority of inmates in 2009: the Choctaw Justice Complex Adult Detention, Warm Springs Police Department and Adult Detention Center, Chief Ignacio Justice Center Adult Detention, Fort Hall Police Department and Adult Detention Center, and the Colorado River Indian Tribes Adult Detention Center. (See Jails in Indian Country, 2009, BJS Web, NCJ 232223, February 2011.) Of the inmates confined in Indian country jails at midyear 2010, about 87% (1,840) were held in 47 facilities rated to hold 25 or more inmates (table 4). The 28 facilities with a rated capacity of fewer than 25 inmates accounted for about 37% of all facilities and held about 13% of all jail inmates in Indian country. The overall jail population ranged from a low of no inmates in 2 facilities to a high of 178 inmates in the Tohono O'odham Adult Detention Center. This facility held more than 8% of the total population in Indian country jails at midyear 2010. Jails holding 50 or more inmates reported stability in their use of jail space in June 2010 The jails with a rated capacity of 50 or more inmates reported stability in use of their bed space in June 2010 (figure 3). The percentage of capacity occupied in these jails was similar at midyear (63%) and on an average day in June (62%). On their most crowded day in June 2010, the 15 largest jails were operating at 71% of their rated capacity. The 60 facilities rated to hold less than 50 inmates reported stable space use at midyear 2010 (78%) and on an average day in June 2010 (72%). In comparison, these 60 facilities were operating at 124% of their rated capacity on their most crowded day in June 2010. About 39% (29 facilities) of the 74 facilities reporting on their peak population in 2010 were operating above rated capacity on the most crowded day in June, down from nearly half of the jails in 2009 (table 5). Of those 29 facilities, 16 were operating above rated capacity on June 30, and 15 were operating above rated capacity on an average day during June. Fifteen jails were operating at more than 50% over capacity on their most crowded day in June 2010 Fifteen jails in Indian country reported operating at more than 50% over rated capacity on the facility's most crowded day in June 2010, up from 13 facilities during June 2009 (table 6). Eight of these 15 jails were rated to hold 25 or more inmates, and 7 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 74% over capacity on its peak day in June 2010, down from 86% on its peak day in June 2009. Between July 2008 and June 2009, this facility was renovated to add 73 beds. As a result, the percentage of occupied space declined from 429% on the facility's most crowded day in June 2008 to 174% in June 2010. Among the 15 facilities operating at more than 50% over rated capacity on their most crowded day in June 2010, five were also operating at more than 50% over capacity at midyear 2010 and on an average day in June 2010. Three facilities--Oglala Sioux Tribal Offenders Facility, Northern Cheyenne Adult Detention, and the Tohono O'odham Adult Detention Center-- were operating at more than 50% over capacity on all three measures (midyear, most crowed day, and the average day in June 2010). Jail admissions increased in Indian country jails The 75 Indian country jails admitted 12,545 persons during June 2010, up from 11,325 admissions in 79 facilities operating in June 2009 (table 7). In 2010, admissions to facilities rated to hold between 25 and 49 inmates accounted for about 60% (7,518) of all admissions. A nearly equal share of the jail admissions were measured in facilities rated to hold 10 to 24 inmates (21%) and 50 or more inmates (18%). The small facilities rated to hold less than 10 inmates accounted for less than 1% of all admissions in June 2010. The number of admissions grew by 8.1% in the 73 facilities that reported data in both June 2010 (11,970) and June 2009 (11,074) (table 8). Based on the facility size category in 2009, the same facilities rated to hold between 25 to 49 inmates accounted for nearly half of all admissions in 2009 (49.7%) and 2010 (47.1%). During June 2010, the expected average length of stay (the time held in custody from admission to release) for inmates confined in all 75 facilities in Indian country jails was 4.8 days. The expected length of stay for inmates was the highest (12.5 days) in facilities that were rated to hold 50 or more inmates. Inmates held in jails rated to hold between 10 and 24 inmates experienced the shortest expected length of stay (2.3 days). Attempted suicides in Indian country jails declined Indian country jail authorities reported 2 deaths in custody during the 12-month period ending June 30, 2010. No deaths were reported during the 12-month period ending June 30, 2009, and 4 deaths were reported during the 12-month period ending June 30, 2008 (not shown in a table). Attempted suicides by inmates declined from 36 in 2009 to 24 in 2010, based on 68 facilities reporting valid data on attempted suicide in both years. The share of inmates held for a violent offense declined Although the number of inmates confined in Indian country jails increased from 2004 to 2010, the distribution of inmates by sex, age, and offense remained relatively stable between 2004 and 2009 (table 9). There was some change in the distribution of inmates by conviction status, offense type, and sex at midyear 2010. After a peak in the percentage of convicted inmates in 2009 (69%), the percentage of convicted inmates in 2010 declined to 59%. About 3 in 10 inmates in Indian country jails were confined for a violent offense--domestic violence, assault, rape or sexual assault, and other violence at midyear 2010, down from about 4 in 10 inmates in each year between midyear 2004 and midyear 2009. With the exception of domestic violence, declines were reported in the number of inmates held for violent offenses (simple or aggravated assault and unspecified violent offenses). The number of inmates held for rape or sexual assault remained relatively stable. At midyear 2010, domestic violence (13.1%) and simple or aggravated assault (10.7%) accounted for the largest percentage of violent offenders. Overall, 50 facilities held at least one inmate for domestic violence. Seven facilities (or 9% of all 75 facilities) accounted for over half (51.1%) of the inmates held for domestic violence. Sixteen facilities (or 21% of all facilities) accounted for 75% of all inmates held for domestic violence. Similar patterns were observed among facilities holding inmates for simple or aggravated assault. Six facilities held over half (53.1%) and 15 held three-quarters of the inmates held for simple or aggravated assault. In total, 45 facilities (60% of all facilities) held at least one inmate for simple or aggravated assault. Adult males accounted for the largest portion of the inmate population in Indian country jails throughout the decade. Nearly 8 in 10 inmates were male. Between midyear 2009 and 2010, the male inmate population declined by nearly 7%. The female jail population had small but steady increases from midyear 2004 to midyear 2009, with a nearly 14% increase in this population between midyear 2009 and midyear 2010. The number of jail operations staff increased The 75 Indian country jails employed 1,469 persons at midyear 2010 (table 10). About 69% (1,010) of all personnel were jail operations staff, including correctional officers and other staff who spent more than 50% of their time supervising inmates. This was up from 916 during the same period in 2009. The remaining 459 jail personnel included administrative employees, educational staff, technical or professional staff, clerical, maintenance or food service staff, and staff performing other job functions. Overall, the ratio of inmates to jail operations employees was 2.1 inmates to 1 jail operations employee at midyear 2010, down from 2.4 to 1 in 2009 and 2.5 to 1 in 2004. Methodology BJS's 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 2010 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 2010 (appendix table 1). The midyear count is the number of inmates held on the last weekday in June, the average daily population is the number of inmates confined each day in June divided by 30, and the peak population is the number of inmates held on the day in June in which the custody population of a facility was the largest. 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, 2010. 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. 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 faxed 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. Seven facilities did not respond, and 2 facilities were not operating. In 2007, BJS's roster consisted of 86 facilities. Seventy-nine of the facility administrators responded to the survey; four did not respond, and BJS found that three facilities were not operating. In 2009, BJS's roster of Indian country jails consisted of 85 facilities. BJS received responses from 82 facility administrators. There were no nonrespondents, and three facilities were not operating. For 2009, BJS's roster consisted of 86 facilities. BJS received responses from 80 facility administrators; there were no nonrespondents, and six facilities were not operating. Prior to the 2010 data collection, one facility in the 2009 universe was determined to be closed, resulting in a revised (79 facilities) facility count. For 2010, BJS's roster consisted of 86 facilities. Prior to the survey collection, seven facilities were closed, not operating, or out of scope, resulting in a survey universe of 79 facilities. During the survey collection, BJS determined that four facilities were holding cells and were out of scope, resulting in a final universe of 75 Indian country jails. BJS received responses from all 75 facility administrators. For comparison over time, BJS estimated data on inmate populations for the seven facilities in 2004 and four facilities in 2009 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 2010 in the 75 Indian country jails that responded to stock and flow items in the survey: Stock--average daily population = 2,009 Flow--inmate admissions during June 2010 = 12,545 Stock-flow ratio in June 2010 = 0.160 (2,009/12,545 = 0.160) Expected length of stay in days (the average number of days held in custody from admission to release) = 4.8 days (0.160 x 30 days = 4.8) **************************************************** Office of Justice Programs * Innovation * Partnerships * Safer Neighborhoods * http://www.ojp.gov The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. James P. Lynch is the director. This report was written by Todd D. Minton. Margaret Noonan and James J. Stephan 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 the appendix tables. Vanessa Curto and Jill Thomas 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. December 2011, NCJ 236073 The full text of each report is available in PDF and ASCII formats on the BJS website at www.bjs.gov. Tables are also available in PDF and CSV formats. Related datasets are made available on the National Archive of Criminal Justice Data website at http:// www.icpsr.umich.edu/icpsrweb/NACJD/index.jsp. *************************************************** 11/29/2011/JER/10:42am