U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics ----------------------------------------------------------- This report is one in series. More recent editions may be available. To view a list of all reports in the series go to http://www.bjs.gov/index.cfm?ty=pbse&sid=32 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 is available on BJS website at: http://www.bjs.gov/index.cfm?ty=pbdetail&iid=4678 --------------------------------------------------------- ********************************************************** Jails in Indian Country, 2012 Todd D. Minton, BJS Statistician June 2013, NCJ 242187 ********************************************************** A total of 2,364 inmates were confined in 79 Indian country jails at midyear 2012, a 5.6% increase from the 2,239 inmates confined in 80 operating facilities at midyear 2011 (figure 1). During the 12-month period between June 2011 and 2012, the average number of inmates per operating facility increased slightly, from 28 jail inmates at midyear 2011 to 30 inmates at midyear 2012. Since 2000, the average number of inmates per operating facility increased nearly 15%. ********************************** Jails operating in Indian country increased from 68 facilities in 2004 to 79 in 2012 ********************************** The Bureau of Justice Statistics (BJS) has conducted the Annual Survey of Jails in Indian Country (SJIC) since 2004, although the survey was not conducted in 2005 or 2006. The number of known operating jail facilities in Indian country increased from 68 in 2004 to 79 in 2012. Over the 8-year period, 11 facilities permanently closed and 21 facilities were newly constructed. Two facilities in 2011 (one adult and one juvenile) were treated as one respondent in 2010. Two facilities in 2011 merged into one facility in 2012. A number of facilities were also determined to be out of scope for the survey, including one that was included in the 2009 survey, four in the 2010 survey, and three in the 2011 survey. BJS estimated inmate population counts for seven facilities in 2004 and four facilities in 2007 that did not respond to the surveys. All known operating facilities responded to the 2008 through 2012 surveys. (See Methodology for information on jails in Indian country, including details on facility counts and participation in the surveys.) ********************************************************** *********** HIGHLIGHTS *********** * At midyear 2012, a total of 2,364 inmates were confined in Indian country jails—a 5.6% increase from the 2,239 inmates confined at midyear 2011. * The number of inmates admitted into Indian country jails during June 2012 (12,502) was more than five times the size of the average daily population (2,253). * Fourteen jails held 51% of the total inmate population in Indian country at midyear 2012. * For the 79 facilities operating in June 2012, the average expected length of stay at admission for inmates was five days. * Nearly a third of inmates in Indian country jails were confined for a violent offense at midyear 2012. Domestic violence (15%) and aggravated or simple assault (9%) accounted for the largest percentage of violent offenders. ********************************************************** ************************************** Percentage of occupied bed space on an average day in June increased slightly from 67% to 70% ************************************* At midyear 2012, the jail facilities in Indian country were rated to hold 3,221 inmates, up from 3,136 in 2011, an overall increase in rated capacity by 85 beds (table 1). Based on the 73 facilities that reported rated capacity in both 2011 and 2012, the amount of bed space remained the same in 63 facilities, increased by 64 beds in 7 facilities, and declined by 11 beds in 3 facilities (not shown in table). When measured relative to the average daily population (ADP), the percentage of rated capacity occupied in Indian country jails went up slightly from 67% in June 2011 to 70% in June 2012. This increase was the result of a larger increase in the ADP (up 7%) compared to rated capacity (up 3%). When measured relative to the midyear inmate count (2,364), Indian country jails operated at 73% of rated capacity in 2012, up slightly from 71% at midyear 2011. From June 2000 to June 2012, the overall rated capacity grew at a faster rate (up 55% from 2,076 to 3,221 between 2000 and 2012) than the midyear inmate population (up 33% from 1,775 to 2,364 during the same period). ************************************** Fourteen jails held more than half of all inmates ************************************** Fourteen jails held 51% of the total Indian country jail inmate population at midyear 2012 (table 2). Between midyear 2011 and midyear 2012, the population in the 14 jails reporting data in both years increased by 180 inmates (up 18%). Over the 12-month period, 10 of these facilities experienced an increase of 197 inmates in their midyear jail population and 3 facilities experienced a decrease of 17 inmates. The population in one facility did not change. Among the 14 facilities holding the majority of inmates, the White Mountain Apache Detention Center reported the largest increase in absolute numbers and percentage change of jail inmates from midyear 2011 to midyear 2012 (up 86% or 44 inmates). Three of the 14 facilities reported a decline in their inmate population from midyear 2011 to midyear 2012—The Gila River Department of Rehabilitation and Supervision - Adult (down about 6% or 10 inmates), the Nisqually Adult Corrections Center (down about 9% or 6 inmates), and the Menominee Tribal Detention Facility (down 2.0% or 1 inmate). Based on the 77 facilities responding to the survey in both 2011 and 2012, the inmate population increased by 191 inmates, from 2,125 inmates at midyear 2011 to 2,316 in 2012 (not shown in table). Between midyear 2011 and midyear 2012, over half (41) of the 77 jails experienced an increase in the size of their inmate population. Thirty-six jails experienced either a decrease (34 jails) or no change (2 jails) in the size of their inmate population over the 12-month period ending midyear 2012. ************************************** Jail inmates were concentrated in facilities rated to hold 25 or more inmates ************************************** Of the inmates confined in the 79 Indian country jails at midyear 2012, 86% (2,022) were held in 49 facilities rated to hold 25 or more inmates (table 3). The 30 facilities with a rated capacity of fewer than 25 inmates accounted for about 38% of all facilities and held 14% 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 229 inmates in the Tohono O’odham Adult Detention Center, which held nearly 10% of the total population in Indian country jails at midyear 2012. ************************************** Jails holding 50 or more inmates reported stability in their use of jail space in June 2012 ************************************** The 17 jails with a rated capacity of 50 or more inmates reported no change in the use of their bed space at midyear 2012 and on an average day in June 2012 (figure 2). These jails were operating at 70% of capacity during this period. On their most crowded day in June 2012, the 17 largest jails were operating at 85% of their rated capacity. The 62 facilities rated to hold fewer than 50 inmates reported less stability at midyear 2012 (76% of rated capacity), on an average day in June 2012 (70%), and on their most crowded day in June 2012 (109%). About 44% (35 facilities) of the 79 facilities in 2012 were operating above rated capacity on the most crowded day in June—similar to 2011 (table 4). Of these 35 facilities, 21 were operating above rated capacity on June 29, 2012, and 15 were operating above rated capacity on an average day in June 2012. ************************************** Sixteen jails were operating at more than 50% over capacity on their most crowded day in June 2012 ************************************** Sixteen jails in Indian country reported operating at more than 50% over rated capacity on the facility’s most crowded day in June 2012—no change from June 2011 (table 5). Half (8) of these jails were rated to hold 25 or more inmates. The Tohono O’odham Adult Detention Center (rated capacity of 107) was the largest of these jails and operated at 114% or 122 inmates over capacity on their peak day in June 2012. Among the 16 facilities operating at more than 50% over rated capacity on their most crowded day in June 2012, six were also operating at more than 50% over capacity at midyear 2012 and four on an average day in June 2012. Two facilities— Tohono O’odham Adult Detention Center and the Fort Belknap 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 2012). ************************************** Jail admissions declined in about half of Indian country jails; one facility reported large increases ************************************** During 2012, the 79 Indian country jails admitted 12,502 persons—similar to the 12,784 persons admitted to the 80 operating facilities in June 2011 (table 6). In 2012, admissions to facilities rated to hold from 25 to 49 inmates accounted for about 55% (6,831) of all admissions. The remaining jail admissions occurred in facilities rated to hold 50 or more inmates (27%), 10 to 24 inmates (16%), and fewer than 10 inmates (2%) in June 2012. Despite the overall stability in Indian country jail admissions, the 70 facilities that provided data in both years reported a 10% increase, from 10,463 admissions in June 2011 to 11,474 in June 2012 (table 7). Specifically, 40 facilities reported either a decline (36) or no change (4) in their admissions, and 30 facilities reported an increase in their admissions. Over half of the increase in admissions came from the Navajo Department of Corrections - Chinle. Despite the increase in ADP and admissions in the 70 facilities, the average expected length of stay (the time held in custody from admission to release) remained stable (5.5 days) in June 2011 and June 2012. ************************************** A third of inmates were held for a violent offense ************************************** While the number of inmates confined in Indian country jails increased between 2004 and 2012, the distribution of inmates by sex and age remained relatively stable (table 8). Males accounted for the largest portion of the inmate population in Indian country jails throughout the decade, as nearly 8 in 10 inmates were male. The female jail population had small increases through midyear 2012 and has represented about 20% of the jail population every year since 2000. The juvenile population in Indian country jails remained relatively stable between 2007 and 2012, representing 11% of the jail population in 2012. The distribution of inmates by conviction status and offense type experienced some change. After the percentage of convicted inmates peaked in 2009 at 69%, it declined at midyear 2010 (down to 59%), midyear 2011 (down to 57%), and midyear 2012 (down to 56%). Between midyear 2010 and 2012, about 3 in 10 (32%) inmates in Indian country jails were confined for a violent offense, including rape or sexual assault, aggravated or simple assault, domestic violence, and other violence—down from about 4 in 10 inmates each year between midyear 2004 and midyear 2009. Between midyear 2011 and 2012, the number of inmates charged with domestic violence and other unspecified violent offenses increased, while the number of inmates held for aggravated or simple assault declined slightly. At midyear 2012, domestic violence (15%) and aggravated or simple assault (9%) accounted for the largest percentage of violent offenders. Inmates held for unspecified violence (7%) and rape or sexual assault (2%) accounted for about 9% of the jail population. Forty-nine facilities held at least one inmate for domestic violence. Four facilities accounted for over half of the inmates held for domestic violence, and 14 facilities held nearly three-quarters of all inmates confined for domestic violence. Eight facilities held around half and 19 held an estimated three-quarters of the inmates confined for aggravated or simple assault. In total, 45 facilities (60% of facilities reporting inmate offense) held at least one inmate for aggravated or simple assault. ************************************** Slight decline in correctional staff ************************************** The 76 Indian country jails that reported information on staff employed 1,519 persons at midyear 2012 (table 9). About 73% (1,102) of these 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 69% of all staff during the same period in 2010 and stable since 2011. (Overall, the ratio of inmates to jail operations employees was 2.1 inmates to 1 jail operations employee at midyear 2012, up from 1.8 to 1 in 2011, and down from 2.5 to 1 in 2004.) In 2012, 417 jail personnel in these 76 Indian country jails were administrative employees; educational staff; technical or professional staff; clerical, maintenance, or food service staff; and staff performing other job functions. Based on the 74 facilities that reported on staffing in both 2011 and 2012, the number of jail operations staff declined nearly 2% (18 persons) (not shown in table). ************************************** Attempted suicides in Indian country jails declined since 2002 ************************************** Indian country jail authorities reported two deaths in custody during the 12-month period ending June 30, 2012—one was reported as a suicide. One death was reported during the 12-month period ending June 30, 2011, two deaths were reported during the 12-month period ending June 30, 2010, no deaths were reported during the 12-month period ending June 30, 2009, and four deaths were reported during the 12-month period ending June 30, 2008 (not shown in table). During the 12-month period ending June 30, 2012, 75 facilities reported a total of 38 attempted suicides. The number of attempted suicides by inmates increased slightly, from 32 in 2011 to 37 in 2012, based on 71 facilities reporting valid data on attempted suicide in both years. Since 2002, when attempted suicides peaked, the number of attempted suicides declined by nearly 86%. The number of attempted suicides declined from 230 in 2002 to 33 in 2012, based on facilities reporting in both years.* Footnote***The number of attempted suicides may differ from previously published counts, see Methodology for details.*** ************ Methodology ************ The Bureau of Justice Statistics’ (BJS) 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 2012 and included the number of inmates and percentage of capacity occupied based on the average daily population (ADP), midyear population, and peak population in facilities in June 2012 (appendix table 1). The midyear count is the number of inmates held on the last weekday in June, ADP 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 29, 2012. 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 had been limited to one year per offense by statute (25 U.S.C. § 1302), a $5,000 fine, or both. On July 29, 2010, the Tribal Law and Order Act of 2010 (TLOA) was signed into law, expanding tribal court sentencing authority. As a result, offenders may serve potentially lengthier sentences (up to 3 years) in Indian country correctional facilities (P.L. 111-211, H.R. 725, 124 Stat. 2258). 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 American Indians and Alaska Natives. Certain areas of Indian country are under Public Law 83-280, as amended. Public Law 280 conferred jurisdiction over Indian country to certain states 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 Public Law 280 applies. Annually, BJS updates 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. The survey universe and response rates have changed over time. Over the 8-year period, a number of facilities have closed and new facilities have been constructed (table 10). For comparison over time, data on inmate population were estimated for the seven facilities in 2004 and four facilities in 2007 that did not respond to the surveys. The rated capacity for two facilities at midyear 2012 was based on their rated capacity in 2011. The peak population for four facilities during June 2012 was based on their reported midyear count or ADP, whichever was greater. ************************************** Attempted suicides in 2002 and 2012 ************************************** When analyzing data on attempted suicides, an analysis of the number of facilities reporting in both years is necessary to draw a meaningful comparison. For 2002, data on attempted suicides (282) were reported from 64 of the 70 facilities in operation. For 2012, data on attempted suicides (38) were reported from 75 of the 79 facilities in operation. Over this period, a number of facilities were closed, newly constructed, or built to house juvenile inmates only. Facilities reporting attempted suicides in both years (59) included 53 matching facilities and an additional 6 tribes that operated 6 juvenile-only facilities in 2011 that were not in operation in 2002; however, those 6 tribes previously included 6 facilities that held both adult and juvenile inmates in 2002. Four facilities either did not respond in 2002 or did not respond in 2012. Eleven facilities in 2002 were closed in 2012, and 16 facilities in 2012 were not in operation in 2002. ************************** Expected length of stay ************************** The stock-flow ratio method was used to measure the expected average length of stay for inmates held during June 2012 in the 79 facilities that responded to the survey. Data were estimated for four facilities in 2012 that did not report their ADP and admissions. Stock—average daily population = 2,253 Flow—inmate admissions during June 2012 = 12,502 Stock-flow ratio in June 2012 = 0.180 (2,253/12,502 = 0.180) Expected length of stay in days (the average number of days held in custody from admission to release) = 5.4 days (0.180 x 30 days = 5.4) The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. William Sabol is the acting director. This report was written by Todd D. Minton. E. Ann Carson, Ph.D., provided statistical review and verification of the report. Sheri Simmons verified the appendix tables. At Westat, Karla Eisen carried out the data collection and processing with the assistance of Mary Ann Deak, Melissa Wilson, and Jasmine Folz. Morgan Young edited the report, and Barbara Quinn produced the report under the supervision of Doris J. James. June 2013, NCJ 242187 ********************************************************** ************************************************ Office of Justice Programs Innovation • Partnerships • Safer Neighborhoods www.ojp.usdoj.gov ************************************************* ************************* 6/18/2013/ JER/ 9:19 *************************