U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics ---------------------------------------------------------- This report is one in a 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=77 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=4758 ----------------------------------------------------------- ******************* Technical Report ******************* Tribal Crime Data Collection Activities, 2013 Steven W. Perry, BJS Statistician The Tribal Law and Order Act (TLOA), enacted on July 29, 2010, requires the Bureau of Justice Statistics (BJS) to (1) establish and implement a tribal data collection system and (2) support tribal participation in national records and information systems (P.L. 111-211, 124 Stat. 2258, § 251(b)). The act further requires the director of BJS to consult with Indian tribes to establish and implement this data collection system. The BJS director is required to report to Congress within one year of enactment, and annually thereafter, the data collected and analyzed in accordance with the act. This report describes activities in support of BJS’s tribal crime data collection system and summarizes findings and program enhancements for FY 2013. A total of 566 tribal entities in the contiguous 48 states and in Alaska were eligible for funding and services from the Bureau of Indian Affairs (BIA) in 2013. In 2010, there were 334 federally and state-recognized American Indian reservations. An estimated 4.8 million people lived on American Indian reservations or in Alaska Native villages in the U.S. in 2010. About a quarter (1.1 million) of these individuals classified themselves as American Indian or Alaska Native (AIAN).***Footnote 1,2 See Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs at http://www.gpo.gov/fdsys/pkg/FR-2013-05-06/pdf/2013- 10649.pdf. For more information about federally recognized tribes, reservations, and Alaska Native village statistical areas, see http://www.bjs.gov/content/pub/pdf/tcdca12.pdf. *** The tribal justice system in Indian country varies across tribal nations and regions of the country. Criminal jurisdiction in Indian country--federally recognized reservations, tribal communities, and identified trust lands--varies by type of crime committed, whether the offender or victim is a tribal member, and the state in which the offense occurred. Due to the sovereign status of federally recognized tribes in the United States, crimes committed in Indian country are often subject to concurrent jurisdiction between multiple criminal justice agencies. This update includes summaries of BJS’s effort to— * enhance current state and local criminal justice statistics to include more information on agencies serving tribal lands * support tribal reporting to the FBI’s Uniform Crime Reporting (UCR) Program and tribal award eligibility for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program (figure 1) * study the handling of AIAN juvenile and adult criminal cases in the federal justice system * enhance current funding programs to support tribal participation in regional and national criminal justice databases. ******************************************************* *********** HIGHLIGHTS *********** * BJS released a solicitation in 2013 to survey the tribal activities and caseloads of all state and local law enforcement agencies and all local prosecutors’ offices that provided services on tribal lands. * BJS designed a national survey of tribal courts. BJS expanded the survey of jails in Indian country to explore other offense types, including burglary, larceny- theft, and public intoxication. * BJS is preparing a report that documents the processing of American Indian or Alaska Native (AIAN) juvenile and adult cases in the federal justice system. * The BJS website continues to serve as the central source for DOJ tribal statistics and funding opportunities for improved data reporting in national record systems. * The number of tribal law enforcement agencies reporting crime data in the FBI’s Uniform Crime Reporting (UCR) Program increased from 143 in 2010 to 168 in 2011. * Tribes received $404,317 through the Bureau of Justice Assistance’s 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. * BJS announced multiple funding opportunities in 2013 to improve tribal criminal history records and the reporting of persons prohibited from receiving or possessing a firearm under state or federal law. ******************************************************* ************************************* Tribal data collections during 2013 ************************************* During FY 2013, BJS focused on improving its understanding of the role of state, local, and tribal justice agencies serving on tribal lands. Current ongoing surveys were enhanced to incorporate items to measure the unique roles of law enforcement and prosecutors. In addition, BJS continues to prepare for a new census of tribal courts in the U.S. and to enhance other ongoing BJS efforts to improve Indian country justice statistics. Law enforcement **************** The Census of State and Local Law Enforcement Agencies (CSLLEA) is conducted about every 4 years. CSLLEA provides data on the over 18,000 state, local, and tribal law enforcement agencies operating in the U.S. CSLLEA captures data on each agency’s number of sworn and civilian personnel and the range of law enforcement functions each agency performs. The census collected data from about 178 tribal law enforcement agencies operating in Indian country in 2008 and about 171 in 2000. To better understand the role played by nontribal state and local justice agencies with jurisdiction over Indian country or tribal lands, BJS is enhancing the next CSLLEA, which will go into the field in early 2014. The 2013 CSLLEA will include questions that ask every U.S. law enforcement agency if it provides services on tribal lands. From the census, BJS will have a complete list of all state and local law enforcement offices that served tribal lands in 2013. Building on the availability of this list at the end of 2014, BJS plans to conduct a more in-depth study of the activities of nontribal law enforcement agencies that service tribal lands. This new survey, the 2014 Census of Law Enforcement Agencies that Serve Tribal Lands, will go into the field in 2015. It will document the tribal caseloads of these agencies and the nature of the law enforcement services provided. The survey will also provide an understanding of the legal and structural procedures and processes in place for fighting crime on tribal lands based on federal mandates or consensual jurisdiction arrangements between tribal and state governments. Prosecutors ************ The 2013 National Census of State Court Prosecutors will survey all of the estimated 2,400 state prosecutors’ offices litigating felony cases in state courts of general jurisdiction. The data gathered in 2014 will include information on caseloads, annual budgets, tenure, salaries, and office staffing (including attorneys, investigators, victim advocates, and support personnel). This survey will ask if the office provides services to tribal lands. If so, respondents will be asked to complete items that explore administrative and legal issues related to their handling of felony cases arising on tribal lands. The prosecutor census will contain a 1-page section focused on Indian country justice statistics, including the nature of the jurisdiction, sources of authority, case types, and reciprocity between tribal, state, and intergovernmental agreements. While this section of the 2013 prosecutor census will enable BJS to better understand the role and relationship between the state and local prosecutors’ offices and Indian country justice, more detail is needed. As BJS did in the area of law enforcement, BJS will use the list generated by the 2013 census of all prosecutors’ offices that serve Indian country or tribal lands as a starting point for a more complete investigation of procedures and workloads related to crime on tribal lands. The 2014 Census of Prosecutors’ Offices that Serve Tribal Lands will solicit detailed information on administrative procedures and practices, tribal caseloads, provided services, and the capabilities of the agencies to report detailed data on the tribal matters they handle. The 2014 Census of Law Enforcement Agencies that Serve Tribal Lands and the 2014 Census of Prosecutors’ Offices that Serve Tribal Lands could have been developed and implemented through separate BJS solicitations. However, BJS determined that the developmental work needed to acquire the detailed understanding of the critical issues--and the related statistical data--that each survey should capture would be duplicative, so the two surveys were combined into one solicitation. This combination ensures that the items developed for the separate surveys will address the same range of topics in a similar fashion, which will allow the resulting data to be combined for a more detailed understanding of tribal justice in specific geographic areas or for tribal entities. Tribal courts in the U.S. ************************** In 2013, BJS continued the development of the National Survey of Tribal Court Systems (NSTCS-13). In support of the survey, BJS has met with federal and tribal partners to help better understand the administrative and operational characteristics of tribal justice systems. More specifically, BJS has met with tribal members and justice professionals, participated in various Indian country-related meetings, initiated direct federal-tribal contact, established a tribal justice panel, and convened a panel of tribal court judges. BJS also sent a letter that announced the NSTCS-13 and its significance to all 566 federally and state-recognized tribes across the U.S., inviting the tribal nations to participate and provide input in the design and development of the survey instrument. The BIA was also consulted for the development of questions related to the Court of Federal Regulations (CFR). Through its outreach efforts, BJS has identified about 300 U.S. tribal courts that will receive the survey in FY 2014. The NSTCS-13 will gather information on the administration and operation of tribal courts, staffing and budgets, appellate courts, juries, juvenile and adult caseloads, prosecution and indigent defense services, enhanced sentencing authority and expanded jurisdiction, and access to regional and national criminal justice record systems. As currently planned, the NSTCS-13 will be a comprehensive survey for tribal courts in the lower 48 states, which includes a supplement for Alaskan tribes and villages and a supplement for the CFR. Jails in Indian country ************************ The Survey of Jails in Indian Country (SJIC) is BJS’s only national data collection that provides an annual source of data on the estimated 80 Indian country jails and detention facilities. Indian country jails are owned or operated by tribal authorities or the BIA and confine persons before or after adjudication. Inmates sentenced to jails usually have a sentence of 1 year or less. The SJIC provides data on inmate counts from each jail by sex, age, and supervision status; offense charged; annual admissions and releases; rated capacity and level of occupancy; jail staffing; and counts of inmate deaths and suicide attempts. Over the years, the SJIC survey has expanded to gather data on inmate offenses at the time of admission, population measurements (e.g., average daily population and offense categories), and inmate health services and facility programs. In the past, BJS has also enhanced the set of categories for most serious offense to include domestic violence, aggravated and simple assault, rape and sexual assault, and other violent offenses. In the 2103 survey, BJS expanded the other offense category with options for burglary, larceny-theft, and public intoxication. Federal justice statistics *************************** Last year, The Urban Institute received funding from BJS to determine the extent to which data from BJS’s Federal Justice Statistics Program (FJSP) could be used to identify and describe tribal youth processed in the federal justice system. After conducting interviews with tribal and federal officials to better understand the nature and quality of the FJSP data, The Urban Institute prepared and BJS released Tribal Youth in the Federal Justice System, NCJ 234218, BJS Web, June 2011. This report documents the prevalence, characteristics, and outcomes of tribal and nontribal youth handled in the federal criminal justice system. During FY 2013, BJS continued to work with federal justice agencies that contribute data to the FJSP to determine the criteria that could be used to identify federal cases handled in Indian country. By yearend 2013, BJS will produce a new set of summary information using federal administrative data from arrest to imprisonment. The data spans from FY 2009 through 2011 and includes information about juveniles and adults processed by the federal justice system for crimes occurring in Indian country. In addition, the Federal Criminal Case Processing query tool on the BJS website will be enhanced to enable users to create customized tables that detail the handling of Indian country cases. National Crime Victimization Survey (NCVS) offender race categories expanded ****************************************** The National Crime Victimization Survey (NCVS) is the nation’s primary source of information on criminal victimization. The NCVS collects information on nonfatal crimes reported and not reported to the police against persons age 12 or older from a nationally representative sample of U.S. households. Prior to 2012, the NCVS asked victims to report the race of the offender(s) by using one of three racial categories: white, black, and other races. For both substantive and technical reasons, and to comply with the Office of Management and Budget (OMB) reporting guidelines on race and Hispanic origin, in 2012 the NCVS expanded the offender race response categories to include an item on Hispanic origin and five racial categories: white; black; American Indian or Alaska Native (AIAN); and Asian, Native Hawaiian, or other Pacific Islander. BJS found that many victims knew their offenders, so victims could reliably report the offender’s race and Hispanic origin. In addition, respondents are still allowed to respond “Don’t know” when uncertain. BJS expects to receive the 2012 NCVS data in mid- 2013, and a complete report on the changes in racial coding is forthcoming. As a result of these changes, beginning with the 2012 data, the NCVS will be able to capture information on victimizations committed by offenders perceived by the victims to be AIAN. BJS Indian country justice statistics webpage ********************************************** The new webpage serves as a repository for information and updates to BJS tribal data collections. The page provides links to the latest victimization, law enforcement, courts, corrections, and criminal justice data improvement information (figure 2). Links to the FBI’s extract files of violent and property offenses known to tribal law enforcement by state from 2008 to 2011 are available on the BJS website. BJS is exploring the possibility of developing a data query tool that allows users to create tables on various tribal justice statistics, including courts, the appellate system, caseloads, and indigent defense. Tribal participation in national records and information systems ****************************************** During 2013, BJS has focused on three primary areas to improve tribal participation in national record and information systems: expand tribal reporting to the UCR Program, eligibility increases for tribal JAG awards, and expand tribal funding eligibility to include the National Criminal History Improvement Program (NCHIP) and the National Instant Criminal Background Check System (NICS) Act Record Improvement Program (NARIP). Offenses reported by tribal law enforcement agencies ***************************** The FBI asks law enforcement agencies to report eight crime types to the UCR: four violent crimes (i.e., murder, forcible rape, robbery, and aggravated assault) and four property crimes (i.e., burglary, larceny-theft, motor vehicle theft, and arson). These eight crimes are often considered the barometer of the overall crime problem in a jurisdiction. In the past, it was common practice for tribal law enforcement agencies to report their UCR data to the BIA. The BIA would then combine the data and report the aggregated counts to the FBI, thereby making it impossible for the FBI to report crime data at the tribal level. Without tribe-specific crime data from the FBI, tribes were unable to receive some crime-based federal funding. BJS worked with the BIA, FBI, and tribes to change these reporting practices. As a result, the overall number of tribal law enforcement agencies with identifiable crime data in the FBI’s UCR Program increased from 2008 to 2011 (figure 3). A total of 168 AIAN tribal law enforcement agencies had disaggregated data published in the FBI’s annual report, Crime in the United States, 2011, compared to 12 tribal law enforcement agencies in the 2008 report. Tribal law enforcement agencies reported about 26,500 violent and property crimes occurring on tribal lands in 2011 (table 1). In 2011, 72% of violent offenses reported by tribal law enforcement agencies could be traced back to the originating tribal reservation, up from 6% in 2008. Among these offenses, the reporting tribal law enforcement agency was identified in the majority of all reports of murder and nonnegligent manslaughter (95%), robbery (88%), and aggravated assault (89%). From 2008 to 2011, the proportion of property offenses reported by tribal law enforcement agencies that were traceable to the tribe increased from 13% to 88%. Among these property offenses, the majority of all reports of burglary (92%), larceny-theft (88%), motor vehicle theft (87%), and arson (93%) could be linked to the tribe reporting the crime. Tribes and the Edward Byrne Memorial Justice Assistance Grant (JAG) Program ****************************************** A total of $2,926,229 was made available in 113 awards to tribal governments through the JAG Program from 2008 to 2013 (table 2). The Bureau of Justice Assistance administers the JAG Program. BJS calculates the JAG formula-based award amounts using specifications outlined in the legislation. JAG awards may be used for the following seven purpose areas: law enforcement; prosecution and courts; prevention and education; corrections and community corrections; drug treatment; planning, evaluation, and technology improvement; and crime victim and witness programs. Nationally, the total funds available for JAG have steadily decreased since 2009, but the proportion allocated to tribes has remained relatively stable since 2010. The total 2013 JAG funding allocation for tribal nations was approximately $404,317, a 14% decrease from the $471,375 available for allocation in 2012. The overall number of tribes eligible for JAG awards decreased from 22 in 2012 to 21 in 2013. The five largest total tribal government JAG allocations in 2013 were awarded to the Navajo Nation ($78,223), Rosebud ($33,042), Coeur D’Alene Tribe ($23,964), Oglala Sioux Tribe ($23,139), and Standing Rock Sioux Tribe ($23,102). Four of the five tribes also received the highest awards in 2012 (the Oglala Sioux Tribe was not in the top five in 2011). All of the tribes that were eligible for direct awards in 2013 were from 11 states. From 2008 to 2013, about 75% of all direct tribal JAG awards went to tribal governments in Arizona ($887,442), Montana ($537,084), North Dakota ($394,251), and South Dakota ($380,946). In 2013, the Hoopa Valley tribe became the first tribe in California to be eligible for a JAG award ($10,810). National Criminal History Improvement Program (NCHIP) and Indian country ****************************************** In 2013, BJS announced the continuation of the NCHIP. Federally and state-recognized tribal governments are eligible to apply. Tribes may submit applications as part of a multi-tribe consortium. NCHIP serves as an umbrella for various record improvement activities and funding streams, each of which has unique goals and objectives. BJS strongly encourages states and tribes to ensure the integrated functioning of record improvement initiatives, regardless of the funding source. No tribe has received NCHIP funding since tribes became eligible funding recipients in FY 2011. The goal of the NCHIP grant program is to improve the nation’s safety and security by enhancing the quality, completeness, and accessibility of criminal history record information by ensuring the nationwide implementation of criminal justice and noncriminal justice background check systems. Despite the tremendous progress made toward criminal record improvements among states, several significant shortcomings remain among tribal justice agencies. BJS has identified several limitations confronting tribal nations. Most tribes do not have the capabilities or requisite technologies to support the transmittal of records to the national systems, either through their own infrastructure or via the state. Additionally, many tribes have not yet converted their manual or other nonautomated records to electronic means. Some entities are not yet submitting qualifying records to the National Crime Information Center (NCIC) Protection Order File, and the FBI reports continued problems with the appropriate flagging of protection orders regarding the prohibition for firearm purchases. National Instant Criminal Background Check System (NICS) Act Record Improvement Program (NARIP) and Indian Country ****************************************** In 2013, BJS announced the continuation of the NARIP. Federally and state-recognized Indian tribal governments are eligible to apply. The NARIP requires Federal Firearms Licensees to contact the NICS before transferring a firearm to an unlicensed person to obtain information on whether the proposed transferee is prohibited from receiving or possessing a firearm under state or federal law. he NARIP seeks to address the gap in information available to NICS about prohibiting mental health adjudications and commitments and other prohibiting factors. Filling these information gaps will better enable the system to operate as intended to keep guns out of the hands of persons prohibited by federal or state law from receiving or possessing firearms. The automation of records will also help reduce delays for law-abiding gun purchasers. The NARIP authorizes a grant program to assist states and tribes in providing certain information to the NICS and prescribes grant penalties for noncompliance with the act’s record- completeness goals. NARIP funds have not been awarded to a tribal government since the program’s inception in 2009. The NARIP also requires that grants be made to each state or tribal government, consistent with plans for the integration, automation, and accessibility of criminal history records, for use by the court systems to improve automation and transmittal to federal and state repositories of (1) criminal history dispositions, (2) records relevant to determining whether a person has been convicted of a misdemeanor crime of domestic violence or whether a person is the subject of a prohibiting domestic violence protection order, and (3) prohibiting mental health adjudications and commitments. ***************************** Previously released reports ***************************** * Jails in Indian Country, 2012 (NCJ 242187) * Tribal Crime Data Collection Activities, 2012 (NCJ 239077) * Tribal Crime Data Collection Activities, 2011 (NCJ 234518) * Jails in Indian Country, 2011 (NCJ 238978) * Jails in Indian Country, 2010 (NCJ 236073) * Jails in Indian Country, 2009 (NCJ 232223) * Jails in Indian Country, 2008 (NCJ 228271) * Tribal Law Enforcement, 2008 (NCJ 234217) * Summary: Tribal Youth in the Federal Justice System (NCJ 234218) * State Prosecutors’ Offices with Jurisdiction in Indian Country, 2007 (NCJ 234241) * Jails in Indian Country, 2007 (NCJ 223760) * Improving Criminal History Records in Indian Country, 2004-2006 (NCJ 218913) * Jails in Indian Country, 2004 (NCJ 214257) * Jails in Indian Country, 2003 (NCJ 208597) * Census of Tribal Justice Agencies in Indian Country, 2002 (NCJ 205332) * American Indians and Crime (NCJ 203097) * Jails in Indian Country, 2002 (NCJ 198997) * Jails in Indian Country, 2001 (NCJ 193400) * Jails in Indian Country, 2000 (NCJ 188156) * Tribal Law Enforcement, 2000 (NCJ 197936) * Jails in Indian Country 1998–1999 (NCJ 173410) * American Indians and Crime (NCJ 173386) ************************ BJS sponsored research ************************ Summary: Tribal Youth in the Federal Justice System, 1999– 2008 (NCJ 234218), produced by the Urban Institute, May 2011 ************************************************ The Bureau of Justice Statistics, located in the Office of Justice Programs, U.S. Department of Justice, collects, analyses, and disseminates statistical information on crime, criminal offenders, victims of crime, and the operation of justice systems at all levels of government. William J. Sabol is acting director. This report was written by Steven W. Perry. Alexia Cooper provided statistical review and verification of the report. Morgan Young and Jill Thomas edited the report, and Barbara Quinn produced the report, under the supervision of Doris J. James. August 2013, NCJ 242584 ************************************************ ************************************************ Office of Justice Programs Innovation * Partnerships * Safer Neighborhoods www.ojp.usdoj.gov ************************************************ ************************ 8/15/13/JER/10:05am ************************