U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics July 2000, NCJ 173410 Jails in Indian Country, 1998 and 1999 -------------------------------------------------------- This report is on in a series. More recent editions may be available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#jic -------------------------------------------------------- By Paula M. Ditton BJS Statistician Jan M. Chaiken, Ph.D. Director Paula Ditton wrote this report under the supervision of Allen J. Beck. Darrell Gilliard and Allen Beck developed the survey questionnaires and monitored data collection. Todd Minton provided statistical review and verification. The Corrections Program Office of the Office of Justice Programs provided funding for the 1998 Indian country survey. Stephen Amos, Deputy Director, Corrections Program Office, Norena Henry, Director, American Indian and Alaska Native Desk, Office of Justice Programs, and Charles Fischer, Criminal Investigator, BIA Office of Law Enforcement Services, provided technical assistance in developing the questionnaire. Mr. Fischer also provided the complete list of Indian country facilities and worked with other BIA officials and tribal authorities to introduce the survey. Ellen Goldberg edited and produced the report. Jayne Robinson administered final production. Pamela Butler, Governments Division, the U.S. Bureau of the Census, conducted the data collection and processing for the 1998 and 1999 surveys under the supervision of Stephanie Brown. Acknowledgments Highlights Survey of Jails in Indian Country Methodology Appendix tables Table 1. Persons under the supervision of jails in Indian country, June 30, 1998 and 1999 Table 2. Inmates in the custody of jails in Indian country, by gender, June 30, 1998 and 1999 Table 3. Juveniles in the custody of jails in Indian country, by gender, June 30, 1998 and 1999 Table 4a. Persons supervised in the community by jails in Indian country, by type of alternative supervision, June 30,1999 Table 4b. Persons supervised in the community by jails in Indian country, by type of alternative supervision, June 30,1998 Table 5. Persons under the supervision of jails in Indian country, by conviction status, June 30, 1998 and 1999 Table 6. Inmates under the supervision of jails in Indian country, movements, June 1-30, 1998 and 1999 Table 7. Capacity of custody areas and population as a percent of capacity, June 30, 1998 and 1999 Table 8. Deaths, suicides, and attempted suicides of inmates in custody of jails in Indian country, 1999 and 1998 Table 9. Number of inmates held in drug/alcohol detoxification, June 30, 1999 Table 10. Function of jails in Indian country, and type of adult/juvenile separation, June 30, 1998 Table 11. Types of confinement areas within jails in Indian country, June 30, 1998 Table 12. Jails in Indian country under court order or consent decree for overcrowding or other reasons, June 30, 1999 Table 13. Owner and operator of jails in Indian country, facility age, and year of most recent renovation, June 30, 1998 Table 14. Planned changes to jails in Indian country and change in capacity, June 30, 1999 Table 15. Counseling and special programs available in jails in Indian country, June 30, 1998 Table 16. Jail operations staff of jails in Indian country, June 30, 1998 Table 17. Reported staffing needs of jails in Indian country, June 30, 1998 Table 18. Reported facility needs of jails in Indian country, June 30, 1998 Table 19. Reported special program needs of jails in Indian country, June 30, 1998 Table 20. Tribal affiliation of jails in Indian country, 1998 and 1999 Table 21. Jails in Indian country, by tribe, 1998 and 1999 Table 22. Inmates in custody and rated capacity of jails in Indian country, by tribe, 1998 and 1999 -------------------------------------------------------------- Highlights June 30, 1999, a total of 69 jails, detention centers, or other correctional facilities were supervising 1,693 persons in Indian country, an increase of 8% from the previous year. At midyear 1998, 1,567 persons were under the supervision of jails in Indian country. These data are based the 1998 and 1999 Surveys of Jails in Indian Country (SJIC). The Survey includes all confinement facilities, detention centers, jails, and other correctional facilities located in Indian country and operated by tribal authorities or the U.S. Bureau of Indian Affairs (BIA). The SJIC was initiated in 1998, as a component of the Annual Survey of Jails (ASJ). 69 facilities were operating in Indian country, with the capacity to hold 2,118 persons on June 30, 1999 Number of facilities Total 69 Operator BIA 20 Tribe 48 Private 1 Total rated capacity* 2,118 *Maximum number of inmates assigned by a rating official. * 48 facilities operated by tribal authorities, 20 operated by the BIA, and 1 privately operated facility were supervising persons in Indian country. The 69 facilities had the capacity to hold 2,118 persons. At midyear 1999, jails in Indian country supervised 1,693 persons Number of inmates, June 30 1999 1998 Total 1,693 1,567 In custody 1,621 1,479 Adult 1,354 1,176 Juveniles 267 303 Community supervision 72 88 Inmate movement, June 1-30 Admissions 8,147 8,942 Discharges 7,744 8,372 Percent of capacity occupied* June 30 77% 74% Peak day in June 108 115 * Number of inmates in custody divided by total rated capacity. * Indian country facilities held 1,621 inmates in custody, and supervised 72 persons in the community on June 30, 1999. The number under supervision increased by 8% from the previous year. * In a 1-month period, June 1-30, 1999, facilities in Indian country admitted 8,147 inmates, and discharged 7,744 inmates. * On June 30, 1999, jails in Indian country were operating at 77% capacity. On their peak day in June 1999 jails were operating at 108% capacity, down from 115% in 1998. Tribal jurisdiction With the assistance of the Bureau of Indian Affairs, BJS identified 69 jails or detention facilities operating in Indian country during 1998 and 1999. These facilities are affiliated with 53 different tribal reservations and located in 18 States. The tribes included in this report have retained criminal jurisdiction over crimes committed by Indians in Indian country. Tribal authority to imprison offenders is limited to sentences of 1 year or less for each offense. Tribes generally share jurisdiction over felony offenses with the Federal or State government. See Methodology for additional details. Criminal jurisdiction in Indian country Tribal jurisdiction * Crimes committed by Indians against Indians in Indian country. Sentences are limited to 1 year or less and a $5,000 fine. 25 U.S.C.A Sec. 1302(7) Federal or State jurisdiction * 14 crimes under the Major Crimes Act of 1885. 18 U.S.C.A. ' 1153 * All crimes on tribal lands specified under Public Law 280, 18 U.S.C.A. ' 1162 Note: Criminal jurisdiction in Indian country depends on several factors, including the identity of the defendant, the identity of the victim, and where the crime was committed. See Canby, 1998. Jails in Indian country employed 775 persons on June 30, 1998 * The 69 facilities in Indian country employed 775 persons at midyear 1998. About three-fourths (573) were facility duty staff. * At midyear 1998 there were 2.6 inmates for every facility duty employee (correctional officer or other staff member supervising inmates). The U.S. average among small local jails (those holding 50 inmates or fewer) was 2.0 inmates per correctional officer in 1999. Most commonly reported needs of jails in Indian country: -- Staff training -- Additional correctional officers -- New jail equipment -- Modify space for special population -- Drug/alcohol treatment program * 67 of the 69 jails in Indian country reported the need for additional correctional officers or staff training. * 60 facilities reported the need to modify existing space for a special population and the need for new jail equipment, 59 reported they were in need of drug and alcohol treatment programs. Survey of Jails in Indian Country In 1998 the Bureau of Justice Statistics initiated the Survey of Jails in Indian Country (SJIC) as a component of the Annual Survey of Jails (ASJ). The SJIC, administered annually at midyear (June 30th), is sent to confinement facilities, detention centers, jails, and other correctional facilities located on Indian land. The survey gathers information on the number of persons in custody, the number under community supervision, offender characteristics, and facility capacity. In 1998, the SJIC included a special section on facility character- istics, including types of confinement areas, function of the facility, programs offered, personnel characteristics, and facility needs. Within the United States there are around 300 Indian land areas or reservations located in 33 States (Utter, 1993). Generally, the local governing authority on an Indian reservation is a tribal government or Council. Jurisdiction over crimes committed on Indian land depends on several factors, including the identity of the victim, the identity of the offender, the severity of the crime, and where the crime was committed. Tribal governments have criminal jurisdiction over crimes committed by Indians in Indian country. Tribal authority to sentence offenders is limited to 1 year or less imprisonment and a $5,000 fine (25 U.S.C.A. Sec. 1302(7)). Tribes generally share jurisdiction over felony offenses with State or e serious felony offenses are under the jurisdiction of State or Federal government authorities (see Methodology). 69 facilities were operating in Indian country, with the capacity to hold 2,118 persons on June 30, 1999 The 69 facilities identified in Indian country are affiliated with 53 different tribal reservations and located in 18 States (table 1). Arizona contains the largest number of facilities (19), followed by Montana (9), New Mexico (9), and South Dakota (9). Unlike local jails that are operated by city or county governments, most jails in Indian country are owned and operated by tribal authorities or the Bureau of Indian Affairs (BIA). Tribal governments manage the majority (48) of the facilities, BIA operates 20, and a private firm operates 1 facility. About half the facilities are owned by tribal authorities, and half by the BIA. ------------------------------------------- Table 1. Jails in Indian country, by State, June 30, 1999 Alaska Metlakatla Police Department Arizona Colorado River Indian Tribes Detention Center Fort Mohave Tribal Police Department Gila River West End Holding Facility Hopi Rehabilitation Center Navajo Department of Corrections - Chinle Navajo Department of Corrections-Kayenta Navajo Department of Corrections-Tuba City Navajo Department of Corrections- Window Rock Pascua Yaqui Law Enforcement Center Peach Springs Detention Center Sacaton Adult Detention Center Sacaton Juvenile Detention Rehabilitation Center Salt River Detention Center San Carlos Jail Supai Jail Tohono O'odham Detention Center Tohono O'odham Judiciary Juvenile Detention Center Western Navajo Juvenile Services White Mountain Apache Police Department Colorado Southern Ute Police Department Ute Mountain Ute Agency Idaho Fort Hall Police Department Minnesota Red Lake Law Enforcement Services Mississippi Choctaw Police Department Montana Blackfeet Police Department Crow Police Department Flathead Tribal Police Department Fort Belknap Police Department Fort Peck Indian Youth Services Center Fort Peck Police Department Northern Cheyenne Police Department Rocky Boy Police Department White Buffalo Youth Detention Center Nebraska Omaha Tribal Police Department Nevada Owyhee Detention Facility New Mexico Jicarilla Police Department Laguna Tribal Detention Facility Mescalero Adult Detention Center Navajo Department of Corrections-Crownpoint Navajo Department of Corrections-Shiprock Navajo Department of Corrections-Tohatchi Juvenile Center Ramah Public Safety Center Taos Tribal Detention Center Zuni Police Department North Dakota Fort Berthold Agency Fort Totten Municipal Center Standing Rock Law Enforcement Center Turtle Mountain Law Enforcement Center Oklahoma Sac & Fox Nation Juvenile Detention Facility Oregon Chemawa Indian School Warm Springs Detention Center South Dakota Fort Thompson Jail Klyuska O'Tipi Reintegration Center Lower Brule Law Enforcement Services Center Medicine Root Detention Center Pine Ridge Correctional Facility Rosebud Sioux Tribe Law Enforcement Sisseton-Wahpeton Sioux Tribal Law Enforcement Center Walter Miner Law Enforcement Center-Juvenile Walter Miner Law Enforcement Facility - Adult Utah Uintah-Ouray Detention Center Washington Makah Police Department Puyallup Tribal Detention Facility Quinault Police Department Wellpinit BIA Law Enforcement Center Yakama Police Department Wisconsin Menominee Tribal Jail Wyoming Wind River Police Department --------------------------------------- Combined, the 69 facilities had the rated capacity to confine 2,118 persons on June 30, 1999. Rated capacity is the maximum number of beds or inmates allocated by rating officials to each jail facility. On June 30, 1999, jails in Indian country supervised 1,693 persons Jails in Indian country held 1,621 inmates in custody, and supervised an additional 72 persons in the community on June 30, 1999. The number of persons under supervision was up by 8% from the previous year, June 30, 1998, when 1,479 inmates were in custody and 88 persons were under community supervision. Local jails operated by city or county governments held over three times as many American Indians as jails in Indian country. At midyear 1999, local jails held an estimated 5,200 American Indians or Alaska Natives. Overall, State, Federal, local, and tribal authorities were supervising 45,913 American Indians. The majority were under community supervision (26,234). A total of 19,679 American Indians were in custody at midyear 1999, most of whom were held in State prisons (11,123). Number of persons 06/30/99 Total 45,913 In custody 19,679 Local jails/a 5,200 Jails in Indian country 1,621 State prisons 11,123 Federal prisons 1,735 Under community supervision 26,234 State/Federal/b Probation 21,986 Parole 4,176 Indian country 72 a/Estimated from the 1999 Census of Jails. b/Year-end 1998 data. American Indians account for just under 1% of the U.S. resident population, and around 1% of those in custody of jails or prisons. At midyear 1999, the rate of incarceration for American Indians was about 15% higher than the national rate. Federal and State prison and jail authorities held 797 American Indians per 100,000 Indians in the U.S resident population, compared to 682 persons per 100,000 U.S.residents. On July 1, 1999, the total U.S. resident population of American Indians and Alaska Natives reached an estimated 2,369,000 (U.S. Census Bureau). For additional information on American Indians under correctional supervision outside Indian country see American Indians and Crime, BJS report, NCJ 173386. 16% of those in custody of jails in Indian country were juveniles On June 30, 1999, jails in Indian country held 1,354 adults, 84% male and 16% female. Juveniles (persons under the age of 18) accounted for 16% of the total custody population. About three-quarters of the juveniles were male, and a quarter female. On June 30, 1999, 20 juveniles were being held as adults, down from 26 on June 30, 1998. Nearly 75% of those held in jails in Indian country at midyear 1999 were convicted, up from 63% the previous year. Jails in Indian country held 1,200 convicted offenders on June 30, 1999, and 409 inmates that were unconvicted, or awaiting adjudication. At midyear 1998, 939 persons were convicted, and 540 unconvicted. Both admissions and releases were down by nearly 10% during the month of June 1999, compared to June 1998. In a 1-month period, June 1999, facilities in Indian country admitted 8,147 persons, a 9% decrease from June 1998, when 8,942 persons were admitted. The number of inmates released was also down, from 8,372 during June 1998 to 7,744 for June 1999. On June 30, 1999, 72 persons were under community supervision, down from 88 the previous year The number of persons under community supervision decreased by 18% on June 30, 1999, compared to June 30, 1998. Among those under community supervision at midyear 1999, nearly half (31 persons) were required to perform community service, 14 were under electronic monitoring, 10 were on home detention, 5 were sentenced to day reporting, and 11 were under some other form of supervision in the community. During the previous year over half of all persons in the community were supervised with day reporting, compared to about 7% in 1999. Most inmates in custody were confined in multiple occupancy cells or rooms on June 30, 1998 At midyear 1998, nearly two-thirds of inmates held in custody were housed in multiple occupancy cells or rooms. Fourteen percent of the custody population were housed in a single cell or room. About 5% of inmates were housed in areas not originally intended for confinement, and 11% were double-bunked in single cells. Another 7% of inmates were in separate holding areas or drunk tanks. In addition to the 1,479 inmates housed in Indian country, 40 persons under Indian country jurisdiction were housed by other authorities due to crowding. 43 of the 69 jail facilities held misdemeanants in 1998 Just under two-thirds of jail facilities in Indian country held inmates convicted of misdemeanors, or less serious crimes that generally carry a sentence of 1 year or less. Ten facilities held offenders convicted of felony offenses. Nine of the facilities did not hold inmates beyond 72 hours. Most facilities (43 of the 69) reported they are authorized to hold juveniles. Among facilities that hold both adults and juveniles, two-thirds reported that juveniles are separated from adults by both sight and sound. Nine facilities separated young persons by sight only, and four facilities reported that juveniles were not separated from adults. The 10 largest jails housed 40% of inmates in Indian country in 1999 On June 30, 1999, the 10 largest jails in Indian country housed 655 inmates, or about 40% of the total custody population. Combined, the 10 facilities had a rated capacity of 681 inmates, or just over 30% of the total rated capacity of all facilities in Indian country. The Tohono O'odham Detention Center reported the largest number of inmates. At midyear 1999, the facility was operating at 113% capacity with 98 persons in custody. The second largest facility, the Sacaton Adult Detention Center, held 86 inmates in custody on June 30, 1999, and was operating just under capacity at 96%. The 10 largest jails in Indian country were all located in Arizona. Over half of all facilities in Indian country held 24 or fewer inmates at midyear 1999. Nineteen facilities reported fewer than 10 inmates were in custody on June 30, 1999, 4 of which reported a custody population of zero. Larger facilities, those holding 50 or more inmates, accounted for about 12% of all jails in Indian country. Number of Percent of Facility size* facilities all facilities Total 69 100% Fewer than 10 inmates 19 28% 10 to 24 23 33 25 to 49 19 28 50 or more 8 12 Note: Detail does not add to total due to rounding. *Custody population on June 30, 1999. Indian country jails were operating at 108% capacity on peak day in June 1999, down from 115% in 1998 On their peak day in June 1999, jails in Indian country were holding 2,289 persons, down from 2,306 on their peak day in June 1998. At midyear 1998 about 15% of persons were housed in space not designed for housing inmates or for multiple occupancy. On June 30, 1999, jails in Indian country were operating at 77% capacity, up slightly from 74% the previous year. At midyear 1998 just over half (58%) of the total juvenile capacity was occupied. 15 jails in Indian country were operating above 150% capacity on peak day in June 1999 Nearly a quarter of jails in Indian country were operating above 150% capacity on their most crowded day in June 1999. Over half were operating above 100% capacity. These numbers remained relatively unchanged from June 1998, when 34 facilities were operating above 100% capacity, and 14 facilities above 150% capacity. The 15 facilities operating above 150% capacity on their peak day in June 1999 were located in 8 different States. Three were located in Arizona, three in Montana, three in New Mexico, two in South Dakota, and one each in North Dakota, Oregon, Nebraska, and Minnesota. Fort Berthold Agency located in North Dakota was operating at 356% capacity, with 32 inmates in custody on their most crowded day in June 1999. The facility had a rated capacity to hold nine inmates. Pine Ridge Correctional Facility located in South Dakota was operating at 350% capacity, holding 84 persons on their peak day in June 1999, with a rated capacity of 24 inmates. The Navajo Department of Corrections, Tuba City, Arizona, was holding 80 inmates on their peak day in June, with a rated capacity to hold 24 inmates. During the previous year, 7 of these 15 facilities were operating above 150% capacity on their peak day in June. Small facilities reported the highest occupancy rates in June 1999 Facilities with the smallest rated capacity reported high occupancy rates for June 1999. On their most crowded day in June, occupancy was 161% of rated capacity in jails designed to hold fewer than 10 inmates. Occupancy was 155% of rated capacity in jails rated to hold 10 to 24 inmates, compared to 89% in those rated to hold 50 or more inmates. Percent of capacity occupied on peak Capacity of facility day in June 1999* Total 108% Fewer than 10 inmates 161% 10 to 24 155% 25 to 49 117% 50 or more 89% *Based on the average daily population divided by rated capacity. 11 jail facilities in Indian country were under a court order or consent decree on June 30, 1999 Eleven facilities under a court order had restrictions on the maximum number of inmates held in custody. Other court order or consent decree restrictions involved items such as hygiene, cleanliness, and meals. Jails in Indian country reported they expect to increase capacity by 866 beds within the next 3 years. Thirteen jails are planning to expand the existing facility, 13 will renovate their facility, and 10 plan to close the existing facility. Among the 69 facilities in Indian country, the average jail is around 21 years old. The original date of construction ranged from 1929, at the Fort Hall Police Department in Idaho, to 1998, at the Mescalaro Adult Detention Center in New Mexico. Since the time of original construction, 28 facilities have been renovated. All but one facility completed the renovations in the 1980's or 1990's. No deaths were reported by jails in Indian country from midyear 1998 to midyear 1999, 7 were reported during the previous year Between July 1, 1998, and June 30, 1999, jails in Indian country reported no inmates died in custody. The previous reporting period, July 1, 1997, to June 30, 1998, jails in Indian country reported seven persons in custody died. Three inmates died by suicide, and four by other causes. During the 1999 reporting period 103 attempted suicides were reported, down from 133 in the previous year. In 1998 two-thirds of jails offered drug or alcohol programs; a quarter, educational or employment programs Forty-six of the 69 facilities in Indian country offered alcohol counseling or programs, 40 offered programs for drug problems, and 42 had some type of mental health program or counseling available. Among other services offered to inmates, educational programs were available in 19 facilities and employment programs in 15 facilities. 775 persons were employed in jails in Indian country on June 30, 1998 Just under half of persons employed by jails in Indian country were male (365), and slightly over half female (410). Nearly three-fourths of all jail employees were facility duty personnel (573). Jails in Indian country also employed 16 field duty staff, 49 administrative employees, 64 technical or professional staff, and 73 clerical, maintenance or food service staff. At midyear 1998 there were approximately 2.6 inmates for every facility duty employee (correctional officers or other staff members that supervise inmates). In 1999 the U.S. average among all local jails was 4.0 inmates per correctional officer. Small jails (those holding 50 inmates or fewer) held an average of 2.0 inmates per correctional officer. Nearly all jails in Indian country reported a need for additional correctional officers and staff training When asked about additional resources needed, 67 of the 69 facilities in Indian country reported the need for staff training in 1998, 66 reported the need for additional correctional officers. Sixty jails reported the need to modify the facility for a special population, and sixty reported the need for new jail equipment. Among other facility needs, 56 reported the need for additional housing space, 44 need to modify the facility to comply with the Americans with Disabilities Act, and 42 facilities reported the need for other renovations. Drug and alcohol treatment was the most commonly reported program need (59 facilities), followed by other counseling or educational programs (57 facilities). Two-thirds of all facilities in Indian country reported the need for drug and alcohol testing. Methodology "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. Sec.1151). Tribal authority to imprison Indian offenders is limited to one-year per offense by statute (25 U.S.C. Sec.1302). Thus, tribal courts generally adjudicate misdemeanor crimes. 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 280, which delegates Federal law enforcement authority over crimes by and against Indians to the States. Survey of Jails in Indian Country The Survey of Jails in Indian Country (SJIC) was conducted by the Bureau of Justice Statistics to describe all adult and juvenile jail facilities and detention centers in Indian country. For purposes of this report, Indian country includes reservations, pueblos, rancherias, and other Native American communities throughout the United States. The reference date for this first comprehensive BJS survey of Indian facilities was June 30, 1998. The SJIC was initiated in 1998 as a component of the Annual Survey of Jails (ASJ), the 14th such survey in a series begun in 1982. The ASJ is conducted in each of the 4 to 5 years between the Census of Jails. The 1998 ASJ consisted of a sample survey of 795 jails operated by local governments, a survey of the Nation's 25 multi-jurisdictional facilities, and a survey of the 69 facilities in Indian country. The Office of Law Enforcement Services, Bureau of Indian Affairs (BIA), U.S. Department of the Interior, provided a complete list of 74 Indian country jail facilities. At the time of the 1998 survey, 2 facilities no longer existed, 2 were closed, and 1 had not begun operation, resulting in 69 surveyed facilities. The same 69 facilities were surveyed in 1999. The facilities are in 18 States and are affiliated with 53 Indian tribes. Each facility is defined as a confinement facility, which can include detention centers, jails, and other correctional facilities, operated by tribal authorities or the BIA. Special jail facilities such as medical, treatment, or release centers; halfway houses; and work farms are also included. For purposes of the survey, inmates are defined as all persons under the supervision of a jail facility to include the following: all confined adults and juveniles (that is, persons under age 18); * persons in special programs administered by the jail (that is, electronic monitoring, house arrest, community service, day reporting, boot camps, work release, weekend, and other alternatives to incarceration); * persons on transfer to treatment facilities but who remain under the legal jurisdiction of the jail authorities; * and persons held for other jurisdictions. Excluded are inmates on AWOL, escape, or long-term transfer to other jurisdictions. Data were obtained by mailed questionnaires. Through follow-up phone calls, the survey achieved a response rate of 100%. References Canby, William Jr. American Indian Law In A Nutshell. St. Paul Minnesota: West Group, 1998. Greenfeld, Lawrence A., and Steven K. Smith. American Indians and Crime. Bureau of Justice Statistics, NCJ 173386, February 1999. Utter, Jack. American Indians: Answers to Today's Questions. Lake Anne, Michigan: National Woodlands Publishing Co., 1993. End of file 6/30/00 ih revised 7/2/01 pm