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=5824 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, 2015 ****************************** Todd D. Minton, BJS Statistician An estimated 2,510 inmates were confined in 76 Indian country jails at midyear 2015, a 5.5% increase from the 2,380 inmates confined in 79 facilities at midyear 2014 (figure 1). The average number of inmates per operating facility increased from 30 inmates in 2014 to 33 inmates in 2015. At midyear 2015, the jail facilities in Indian country were rated to hold an estimated 3,800 inmates, up from 3,720 in 2014. In 2015, approximately 1,200 jail operations staff were employed to supervise the confined inmates, similar to the 1,230 jail operations staff at midyear 2014. ***Footnote 1 Jail operations staff include correctional officers, guards, and other staff who spend more than 50% of their time supervising inmates.*** ******************************************* Jails operating in Indian country increased from 68 facilities in 2004 to 76 in 2015 ******************************************* The 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 and 2006. The number of operating jail facilities in Indian country increased from 68 in 2004 to 76 in 2015. Over the 11-year period, 14 facilities permanently closed and 21 facilities were newly constructed. Two facilities in 2011 (one adult and one juvenile) were treated as a single respondent in 2010, and two facilities in 2011 merged into one facility in 2012. For more information on the SJIC universe from 1998 to 2003, see the Jails in Indian Country series, located on the BJS website. ***************************************************************** ************** HIGHLIGHTS ************** * At midyear 2015, an estimated 2,510 inmates were confined in 76 Indian country jails, a 5.5% increase from the 2,380 inmates confined at midyear 2014 in 79 facilities. * The number of inmates admitted into Indian country jails during June 2015 (9,810) was four times the size of the average daily population (2,390). * For the 76 facilities operating in June 2015, the expected average length of stay at admission for inmates was about 7 days. * Three in 10 inmates were held for violent offenses at midyear 2015, including domestic violence (13%), aggravated or simple assault (10%), unspecified violence (6%) and rape or sexual assault (2%). * Similar to 2013 and 2014, at midyear 2015, 2 in 10 inmates were held for public intoxication. * The ratio of inmates to jail operations employees was about 2 inmates to 1 jail operations employee at midyear 2015, remaining stable since 2010. ***************************************************************** BJS imputed inmate and facility population counts for facilities that did not respond to the survey, including seven facilities in 2004 (213 inmates, or 12% of all inmates confined at midyear), four facilities in 2007 (167 or 8%), two facilities in 2013 (37 or 2%), five facilities in 2014 (223 or 9%), and seven facilities in 2015 (384 or 15%). All operating facilities responded to surveys from 2008 to 2012. (See Methodology for information on jails in Indian country, including details on facility counts and survey participation.) ******************************************* Occupied bed space declined from 86% of rated capacity in 2000 to 66% in 2015 ******************************************* At midyear 2015, the jail facilities in Indian country were rated to hold an estimated 3,800 inmates, up slightly from 3,720 in 2014 (table 1). From June 2000 to June 2015, the overall rated capacity grew at twice the rate (up 83%) of the midyear inmate population (up 41%). As a result, occupied bed space declined from 86% of rated capacity at midyear 2000 to 66% at midyear 2015. When measured relative to the average daily population (ADP), the percentage of rated capacity occupied in Indian country jails was 58% in June 2014 and 63% in June 2015. This was down from 75% in June 2004, the first year ADP was collected (not shown). ********************************************* The largest jails accounted for 26% of all facilities and held nearly 60% of all inmates in Indian country jails ********************************************* Of the inmates confined in Indian country jails at midyear 2015, an estimated 93% (2,340) were held in 56 facilities rated to hold 25 or more inmates (table 2). At midyear 2015, 58% of the jail population was held in 20 facilities rated to hold 50 or more inmates. The 20 facilities with a rated capacity of 24 or fewer inmates accounted for about a quarter (26%) of all facilities and held less than 10% of all inmates in Indian country jails. Among all jails, the population ranged from no inmates in Fort Peck Transitional Living Unit to 228 inmates in the facility for Nisqually Adult Corrections, which held 9% of the total population in Indian country jails at midyear 2015. Overall, 12 facilities accounted for half of the inmate population in Indian country jails. The 20 jails with a rated capacity of 50 or more inmates reported a similar use of their bed space at midyear 2015 and on an average day in June 2015 (65% each) (figure 2). On their most crowded day in June 2015, the 20 largest jails were operating at 79% of their rated capacity. The bed space utilization rate of the 56 facilities that held 49 or fewer inmates varied at midyear 2015 (67% of rated capacity), on an average day in June 2015 (59%), and on their most crowded day in June 2015 (93%). Twenty-six facilities (34%) in 2015 were operating above rated capacity on the most crowded day in June, which was similar to 2014 (table 3). Thirteen facilities were operating above rated capacity on the last weekday in June 2015, and 11 were operating above rated capacity on an average day in June 2015. ********************************************* The expected average length of stay in Indian country jails increased by a day ********************************************* During 2015, the 76 Indian country jails admitted an estimated 9,810 persons, down from 10,460 persons admitted to 79 facilities in June 2014 (table 4). Admissions to Indian country jails in June 2015 were four times the size of the average daily population (2,390), down from five times the size of the average daily population in 2014 (2,170). In June 2015, admissions to facilities rated to hold from 25 to 49 inmates (4,150) and 50 or more inmates (4,410) accounted for nearly 9 in 10 admissions, up from 2014 when facilities rated to hold 25 or more inmates accounted for about 75% of all admissions. Overall, admissions declined and the average daily population increased, resulting in an increase in expected average length of stay (the time held in custody from admission to release) between June 2014 (about 6 days) and June 2015 (about 7 days). Facilities rated to hold 49 or fewer inmates accounted for the increase in the expected average length of stay. Facilities rated to hold 50 or more inmates reported a decline between midyear 2014 (about 11.5 days) and midyear 2015 (about 10 days). ********************************************* An estimated 30% of inmates were held for a violent offense each year in the previous 5 years ********************************************* Since 2000, the distribution of Indian country jail inmates by sex and age has changed. Although males accounted for the largest proportion of the inmate population in Indian country jails, the percentage of female jail inmates increased from 20% of all inmates in 2000 to 25% in 2015 (table 5). The juvenile population, defined as those inmates age 17 or younger, declined from 16% in 2000 to less than 10% in 2013, 2014, and 2015. The distribution of inmates by conviction status and offense type also changed. After the percentage of convicted inmates peaked in 2009 at 69%, it declined steadily each year from 2010 (59%) to 2014 (51%). In 2015, the percentage of convicted inmates increased to 55%. Since 2010, about 3 in 10 inmates held in Indian country jails have been confined for a violent offense, a decline from 4 in 10 since peaking in 2007. ***Footnote 2 For 2002, 2004, and 2007 to 2009 data, see Jails in Indian Country, 2012 (NCJ 242187, BJS web, June 2013).*** At midyear 2015, domestic violence (13%) and aggravated or simple assault (10%) accounted for 23% of all inmates. Inmates held for other violence (6%) and rape or sexual assault (2%) accounted for an additional 8% 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 declined from 16% of the total inmate population in 2000 to 7% at midyear 2015. The percentage of inmates held for a drug law violation declined from 8% in 2000 to 6% at midyear 2015. In 2013, BJS enhanced the SJIC offense category questionnaire item to include burglary, larceny-theft, and public intoxication, which allowed for better classification of previously unspecified offenses. About 20% of inmates at midyear 2015 were charged with public intoxication (17%), burglary (2%), and larceny-theft (1%), which was similar to 2013 and 2014. ********************************************* The number of correctional staff increased since 2010 ********************************************* Indian country jails employed an estimated 1,690 persons at midyear 2015 (table 6). Each year since 2010, jail operations staff accounted for about 7 in 10 personnel. Jail operations staff consists of correctional officers and other staff who spend more than 50% of their time supervising inmates. The number of jail operations staff remained stable from midyear 2013 to midyear 2015, but increased 19% from midyear 2010 to midyear 2015. Overall, the ratio of inmates to jail operations employees was about 2 inmates to 1 jail operations employee at midyear 2015, remaining stable since 2010. An estimated 490 jail personnel (29%) in Indian country jails were administrative employees; educational staff; technical or professional staff; clerical, maintenance, or food service staff; or staff performing other job functions. ************************************************ Two reported deaths occurred in Indian country jails in the 12-month period ending June 30, 2015 ************************************************* Indian country jail authorities reported 10 deaths in custody since midyear 2010 (not shown). Two deaths, including one suicide, were reported during the 12-month period ending June 30, 2015. During the same period, 68 facilities reported a total of 53 attempted suicides. Among the 61 facilities reporting valid data on attempted suicide in both 2014 and 2015, 51 inmates in 2014 and 52 in 2015 attempted suicide. 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 Indian country correctional facilities operated by tribal authorities or the Bureau of Indian Affairs, U.S. Department of the Interior. BJS has conducted the SJIC annually since 1998, excluding 2005 and 2006. The 2015 survey collected data about the number of inmates and percentage of capacity occupied. Capacity occupied is based on the June 2015 average daily population (ADP), midyear population, and peak population in facilities in June 2015 (appendix table 1). ADP is the number of inmates confined each day in June, divided by 30, midyear count is the number of inmates held on the last weekday in June, and 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 that is designed to cover all adult and juvenile jail facilities and detention centers in Indian country. The reference date for the survey is June 30, 2015. For this report, Indian country includes reservations, pueblos, rancherias, and other appropriate areas (18 U.S.C. § 1151). 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 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 (commonly referred to as Public Law 280). 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. During the 11-year period, many facilities have closed or been constructed (table 7). In some cases, facilities do not respond to the survey or report incomplete data. For comparison over time, BJS imputed data on inmate populations for facilities that did not respond to the surveys, including seven in 2004, four in 2007, two in 2013, five in 2014, and seven in 2015. In 2015, imputations for the midyear jail populations, ADP, peak population, and admission during the month of June used the most recent available data. The imputed value for the peak population for five facilities during June 2015 was based on their midyear population or ADP in June 2015, whichever was greater. Expected length of stay for 2015 ********************************** The stock-flow ratio method was used to measure the expected average length of stay for inmates held during June 2015. Stock--average daily population during June 2015 = 2,390 Flow--inmate admissions during June 2015 = 9,810 Stock-flow ratio in June 2015 = 0.244 (2,390/9,810 = 0.244) Expected length of stay in days (the average number of days held in custody from admission to release) = 7.3 days (0.244 × 30 days = 7.3). ***************************************************************** 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. Jeri M. Mulrow is acting director. This report was written by Todd D. Minton. Danielle Kaeble and Laura Maruschak verified the report. Caitlin Scoville and Jill Thomas edited the report. Barbara Quinn and Tina Dorsey produced the report. November 2016, NCJ 250117 ***************************************************************** ************************************************** Office of Justice Programs Innovation * Partnerships * Safer Neighborhoods www.ojp.usdoj.gov ************************************************** ********************** 10/6/2016/JER/1:55pm **********************