U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics ------------------------------------------------------- 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 on BJS website at: http://www.bjs.gov/index.cfm?ty=pbdetail&iid=5070 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.gov/index.cfm?ty=pbse&sid=32 ------------------------------------------------------- ********** Bulletin ********** Jails in Indian Country, 2013 Todd D. Minton, BJS Statistician A total of 2,287 inmates were confined in 79 Indian country jails at midyear 2013, a 3.3% decrease from the 2,364 inmates confined at midyear 2012 (figure 1). During the 12-month period between July 2012 and June 2013, the average number of inmates per operating facility remained relatively stable, from 30 jail inmates at midyear 2012 to 29 inmates at midyear 2013. The average number of inmates per operating facility has increased nearly 11% since 2000, but less than 3% since 2010. *************************************************** Jails operating in Indian country increased from 68 facilities in 2004 to 79 in 2013 *************************************************** he Bureau of Justice Statistics (BJS) has conducted the Annual Survey of Jails in Indian Country (SJIC) since 1998, 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 and 2013. Over the 9-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, three in the 2011 survey, and three in the 2012 survey. For more information on the Survey of Jails in Indian Country universe between 1998 and 2003, see the Jails in Indian Country series, located on the BJS website. BJS estimated inmate population counts for seven facilities in 2004, four facilities in 2007, and two facilities in 2013 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 2013, a total of 2,287 inmates were confined in Indian country jails—a 3.3% decrease from the 2,364 inmates confined at midyear 2012. * The number of inmates admitted into Indian country jails during June 2013 (10,977) was five times the size of the average daily population (2,141). * Thirteen jails held half of the total inmate population in Indian country at midyear 2013. * For the 79 facilities operating in June 2013, the expected average length of stay at admission for inmates was about 6 days. * Since 2010, about 31% of inmates in Indian country jails have been confined for a violent offense, a decline from about 39% in each year between midyear 2004 and 2009. * Domestic violence (15%) and aggravated or simple assault (10%) accounted for the largest percentage of violent offenders at midyear 2013, followed by unspecified violence (5%) and rape or sexual assault (2%). * Nearly 2 in 10 inmates were held for public intoxication at midyear 2013.A *************************************************** ************************************** Percentage of occupied bed space on an average day in June decreased from 70% to 61% ************************************** At midyear 2013, the jail facilities in Indian country were rated to hold 3,482 inmates, up from 3,221 in 2012 (table 1). Based on the 65 facilities that reported rated capacity in both 2012 and 2013, the amount of bed space remained the same in 51 facilities, declined by 35 beds in 3 facilities, and increased by 290 beds in 11 facilities (not shown). The rated capacity in two facilities accounted for nearly 70% (or 200 beds) of the increase. When measured relative to the average daily population (ADP), the percentage of rated capacity occupied in Indian country jails declined from June 2012 (70%) to June 2013 (61%). This change was the result of a decrease in the ADP (down 5%) and an increase in rated capacity (up 8%). A similar pattern was measured relative to the midyear inmate count (2,287). Indian country jails operated at 66% of rated capacity at midyear 2013, down from 73% at midyear 2012. From June 2000 to June 2013, the overall rated capacity grew at a faster rate (up 68%) than the midyear inmate population (up 29%). **************************************** Thirteen jails held half of all inmates **************************************** Thirteen jails held half of the total Indian country jail inmate population at midyear 2013 (table 2). Combined, the population in the 13 jails between midyear 2012 and midyear 2013 remained relatively stable. However, eight of these facilities experienced a total increase of 103 inmates in their midyear jail population, and five facilities experienced a total decrease of 73 inmates. Among the 13 facilities holding the majority of inmates, the White Mountain Apache Detention Center (up 28 inmates) and Shoshone Bannock Tribal Corrections (up 25 inmates) reported the largest increase in absolute numbers of jail inmates from midyear 2012 to midyear 2013. Among the five facilities reporting a decline in their inmate population, the Gila River Department of Rehabilitation and Supervision-Adult reported the largest absolute decline (down 25 inmates). Since midyear 2011, this facility has experienced a 23% decline (or 35 inmates) in their jail inmate population. Based on the 69 facilities responding to the survey in both 2012 and 2013, the inmate population decreased by 104 inmates, from 2,149 inmates at midyear 2012 to 2,045 in 2013 (not shown). Between midyear 2012 and midyear 2013, nearly two-thirds (43) of the 69 jails experienced a decrease (39 jails) or no change (4 jails) in the size of their inmate population. Twenty-six jails experienced an increase in the size of their inmate population over the 12-month period ending midyear 2013. ************************************** As in previous years, jails holding 50 or more inmates reported stability in their use of jail space in June 2013 ************************************** Of the inmates confined in the 79 Indian country jails at midyear 2013, 88% (2,010) were held in 52 facilities rated to hold 25 or more inmates (table 3). The 27 facilities with a rated capacity of fewer than 25 inmates accounted for about 34% of all facilities and held 12% of all jail inmates in Indian country. The overall jail population ranged from no inmates in two facilities to 221 inmates in the Tohono O’odham Adult Detention Center, which held nearly 10% of the total population in Indian country jails at midyear 2013. The 18 jails with a rated capacity of 50 or more inmates reported no differences in the use of their bed space at midyear 2013 and on an average day in June 2013 (figure 2). These jails were operating at about two-thirds of their rated capacity during these periods. On their most crowded day in June 2013, the 18 largest jails were operating at 77% of their rated capacity. The 61 facilities rated to hold fewer than 50 inmates reported less stability at midyear 2013 (70% of rated capacity), on an average day in June 2013 (60%), and on their most crowded day in June 2013 (100%). About 34% (27 facilities) of the 79 facilities in 2013 were operating above rated capacity on the most crowded day in June, down from 44% (or 35 facilities) in 2012 (table 4). Of the 27 facilities in 2013, 16 were operating above rated capacity on June 30, 2013, and 14 were operating above rated capacity on an average day in June 2013. ************************************** Sixteen jails were operating at more than 150% capacity on their most crowded day in June 2013 ************************************** Sixteen jails in Indian country reported operating at more than 150% rated capacity on the facility’s most crowded day in June 2013—no change from June 2012 (table 5). Eight 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 213% or 121 inmates over capacity on its peak day in June 2013—similar to 2012. Among the 16 facilities operating at more than 150% of rated capacity on their peak day in June 2013, five were also operating at more than 150% capacity at midyear 2013 and three on an average day in June 2013. Three facilities—Tohono O’odham Adult Detention Center, White Mountain Apache Detention Center, and the Wind River Adult Detention Center—were operating at more than 50% over capacity on all three measures (midyear, most crowded day, and the average day in June 2013). ************************************** Admissions declined in about half of Indian country jails ************************************** During 2013, the 79 Indian country jails admitted 10,977 persons—down from 12,502 persons admitted to 79 operating facilities in June 2012 (table 6). The overall decline was observed across all facility size categories. In 2013, admissions to facilities rated to hold from 25 to 49 inmates accounted for about 54% (5,886) of all admissions. The remaining jail admissions occurred in facilities rated to hold 50 or more inmates (29%), 10 to 24 inmates (16%), and 9 or fewer inmates (less than 1%) in June 2013—similar to 2012. The 69 Indian country jails that provided data in both years reported an 8% decrease in admissions, from 11,683 admissions in June 2012 to 10,740 in June 2013 (table 7). Specifically, 36 facilities reported either a decline (33) or no change (3) in their admissions, and 33 facilities reported an increase in their admissions. The average expected length of stay (the time held in custody from admission to release) remained stable in June 2012 (5.4 days) and June 2013 (5.5 days). ************************************** The percentage of inmates held for a violent offense declined ************************************** Since 2000, the distribution of Indian country jail inmates by sex and age has changed slightly. Although males represent the largest portion of the inmate population in Indian country jails, the percentage of female jail inmates has increased between 2000 (20% of all inmates) and 2013 (24% of all inmates) (table 8). The juvenile population declined from 16% in 2000 to 8% at midyear 2013. 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 at midyear 2012 and 2013 (down to 56% in both years)(not shown). Since 2010, nearly a third of inmates held in Indian country jails have been confined for a violent offense, a decline from about 40% in each year between midyear 2004 and 2009. ***For 2002, 2004, and 2007-09 data, see Jails in Indian Country, 2012, NCJ 242187, BJS web, June 2013.*** At midyear 2013, domestic violence (15%) and aggravated or simple assault (10%) accounted for the largest percentage of violent offenders. Inmates held for unspecified violence (5%) and rape or sexual assault (2%) accounted for about 7% of the jail population. Patterns of decline were also observed among inmates held for alcohol- and drug-related offenses. Inmates held for driving while intoxicated or driving while under the influence of drugs or alcohol (DWI or DUI) declined from 17% of the total inmate population in 2000 to 8% at midyear 2013. The percentage of inmates held for a drug law violation declined from 8% in 2000 to 4% at midyear 2013. In 2013, BJS enhanced the SJIC offense category questionnaire item to include burglary, larceny-theft, and public intoxication. The enhancement allowed for better classification of previously unspecified offenses. As a result, 20% of reported offenses at midyear 2013 included public intoxication (17%), burglary (2%), and larceny-theft (1%). ************************************** Correctional staff slightly increased ************************************** The 73 Indian country jails that reported information on staff employed 1,642 persons at midyear 2013 (table 9). About 67% (1,106) of these personnel were jail operations staff, including correctional officers and other staff who spent more than 50% of their time supervising inmates. Each year since 2010, about 7 in 10 personnel were jail operations staff. Overall, the ratio of inmates to jail operations employees was 1.9 inmates to 1 jail operations employee at midyear 2013—remaining stable since 2010. In 2013, 536 jail personnel in 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 67 facilities that reported on staffing in both 2012 and 2013, the number of jail operations staff increased nearly 2% (16 persons) (not shown). ************************************** Two deaths were reported in Indian country jails in the 12-month period ending June 30, 2013 ************************************** Indian country jail authorities reported five deaths in custody since midyear 2010 (not shown). Two deaths were reported during the 12-month period ending June 30, 2013—none were reported as a suicide. During the 12-month period ending June 30, 2013, 70 facilities reported a total of 43 attempted suicides. The number of attempted suicides by inmates increased from 31 in 2012 to 41 in 2013, based on 62 facilities reporting valid data on attempted suicide in both years. Two facilities accounted for nearly all of the increase in attempted suicides between 2012 and 2013. Overall, attempted suicides in Indian country jails declined significantly after peaking in 2002. For more information see Jails in Indian Country, 2012, NCJ 242187, BJS web, June 2013. ************** 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 2013 and collected data about 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 2013 (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 28, 2013. 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 1 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 9- 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 imputed for the seven facilities in 2004, four facilities in 2007, and two facilities in 2013 that did not respond to the surveys. Imputations used the most recent available data. The ADP for one facility at midyear 2013 was based on its June 30 inmate population. The rated capacity for midyear 2013 was imputed for three facilities; one was based on 2011 data, and two were based on 2012 data. The imputed value for the peak population for two facilities during June 2013 was based on their peak population in 2012. ************************** Expected length of stay ************************** The stock-flow ratio method was used to measure the expected average length of stay for inmates held during June 2013. Data were estimated for two facilities that did not respond to the survey, and ADP was estimated for one facility. Stock—average daily population during June 2013 = 2,141 Flow—inmate admissions during June 2013 = 10,977 Stock-flow ratio in June 2013 = 0.195 (2,141/10,977 = 0.195) Expected length of stay in days (the average number of days held in custody from admission to release) = 5.9 days (0.195 x 30 days = 5.9) ************************************************** The Bureau of Justice Statistics of the U.S. Department of Justice is the principal federal agency responsible for measuring crime, criminal victimization, criminal offenders, victims of crime, correlates of crime, and the operation of criminal and civil justice systems at the federal, state, tribal, and local levels. BJS collects, analyzes, and disseminates reliable and valid statistics on crime and justice systems in the United States, supports improvements to state and local criminal justice information systems, and participates with national and international organizations to develop and recommend national standards for justice statistics. William J. Sabol is acting director. This report was written by Todd D. Minton. Lan Huang provided statistical review and verification of the report. At Westat, Karla Eisen carried out the data collection and processing with the assistance of Mary Ann Deak, Melissa Wilson, Jasmine Folz, and Jafar Haider. Vanessa Curto and Jill Thomas edited the report. Tina Dorsey produced the report. July 2014, NCJ 247017 ************************************************** ************************************************** Office of Justice Programs Innovation * Partnerships * Safer Neighborhoods www.ojp.usdoj.gov ************************************************** ********************** 7/28/2014/JER/11:11am **********************