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=5053 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=77 ------------------------------------------------------- ******************* Technical Report ******************* Tribal Crime Data Collection Activities, 2014 Steven W. Perry, BJS Statistician ************* Background ************* 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 annually 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 2014. 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 2014. ***Footnote 1 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-2014-01-29/pdf/2014-01683.pdf.*** 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 United States in 2010.*** Footnote 2 For more information about federally recognized tribes, reservations, and Alaska Native village statistical areas, see http://www.bjs.gov/content/pub/pdf/tcdca12.pdf.*** About a quarter (1.1 million) of these individuals classified themselves as American Indian or Alaska Native (AIAN). ******************************************************* ************* Highlights ************* * BJS awarded funding to conduct a survey of state and local justice agencies that service tribal lands to better understand this aspect of the tribal justice system. * BJS identified 426 tribal courts across the United States for the National Survey of Tribal Court Systems. * At midyear 2012, a total of 2,364 inmates were confined in 79 Indian country jails—a 5.6% increase from the 2,239 inmates confined at midyear 2011. * During 2011, 2,658 American Indian or Alaska Natives were arrested and booked by federal law enforcement agencies, 1,254 were sentenced in U.S. district courts, 1,713 entered federal prison, and 1,548 exited federal prison. * The number of tribal law enforcement agencies reporting crime data to the FBI’s Uniform Crime Reporting Program increased from 143 in 2010 to 158 in 2012. * Tribes received $350,609 through the Bureau of Justice Assistance’s 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. * BJS announced two opportunities in 2014, the National Criminal History Improvement Program and National Instant Criminal Background Check System Act Record Improvement Program, to improve tribal criminal history records and the reporting of persons prohibited from receiving or possessing a firearm under state or federal law. ******************************************************* 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. Over 300 of the tribes in the United States are located in either mandatory or optional Public Law 280 jurisdictions. Public Law 83-280 (commonly referred to as Public Law 280 or P.L. 280) conferred jurisdiction from the federal government to six state governments: California, Minnesota (except the Red Lake Reservation), Nebraska, Oregon (except the Warm Springs Reservation), Wisconsin, and Alaska. These are mandatory P.L. 280 states. Public Law 280 also permitted other states to acquire jurisdiction either in whole or in part over Indian country within their boundaries: Nevada, Idaho, Iowa, Washington, South Dakota, Montana, North Dakota, Arizona, and Utah. In states where P.L. 280 does not apply, the federal government retains criminal jurisdiction for major crimes committed in Indian country. ***Footnote 3 Federal jurisdiction in Indian country is contained under the Indian Country Crimes Act (18 U.S.C. § 1152), and the Indian Country Major Crimes (18 U.S.C. § 1153) Crimes Act (18 U.S.C. § 13). The Violent Crime Control and Law Enforcement Act of 1994 expanded federal criminal jurisdiction in Indian country in such areas as guns, violent juveniles, drugs, and domestic violence.*** This report summarizes BJS’s effort to-- * enhance current state and local criminal justice statistics to include more information on agencies serving tribal lands * provide progress updates for the 2014 National Survey of Tribal Counts * support tribal crime data reporting to the FBI’s Uniform Crime Reporting (UCR) Program and calculate tribal award eligibility for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program * study the handling of AIAN juvenile and adult criminal cases in the federal justice system enhance current funding programs to support tribal participation in state and national criminal justice databases (figure 1). ************************************** Tribal data collections during 2014 ************************************** During FY 2014, BJS focused on improving its understanding of the role of state, local, and tribal justice agencies serving 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 United States 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 more than 18,000 state, local, and tribal law enforcement agencies operating in the U.S. CSLLEA captures agency data on the 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. A new 2014 CSLLEA will be fielded in FY 2015. 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 2014 CSLLEA to ask each of the more than 18,000 state and local law enforcement agencies surveyed if it provides services on tribal lands. From this census, BJS will generate a complete list of all state and local law enforcement offices that served tribal lands in 2014. Based on data from the 2014 CSLLEA, BJS will conduct a more in-depth study of the activities of nontribal law enforcement agencies that service tribal lands. This new survey, the Census of State and Local Law Enforcement Agencies Serving Tribal Lands, will go into the field in 2015. It will document the administrative and operational structures and the tribal caseloads of these agencies. The survey will also gather information about the procedures in place for fighting crime on tribal lands based on federal mandates or consensual jurisdiction arrangements between tribal and state governments. In 2014, NORC at the University of Chicago was selected as the data collection agent. The International Association of Chiefs of Police (IACP), the National Sheriff’s Association (NSA), and the Association of Prosecuting Attorneys (APA) serve as consultants for the project. BJS is currently forming an expert panel comprised of state, local, and tribal law enforcement officers and prosecutors from P.L. 280 and non-P.L. 280 jurisdictions and Alaska to inform the survey design. Prosecution ******************* The 2014 National Survey of Prosecutors (NSP) will survey all of the estimated 2,400 state prosecutor offices litigating felony cases in state courts of general jurisdiction. The NSP will collect similar information to the 2007 census of prosecutors, including a modified Indian country section. The survey will gather data on caseloads, annual budgets, tenure, salaries, and office staffing (i.e., attorneys, investigators, victim advocates, and support personnel). If the office provides services to tribal lands, respondents will be asked to complete items that explore administrative and legal issues related to handling felony cases on tribal lands. The survey 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. BJS expects NSP data collection to begin in early 2015. The list of prosecutor offices serving tribal lands collected in the NSP will be used to conduct a more in-depth survey in 2015. BJS will conduct the Census of State and Local Prosecutors’ Offices Serving Tribal Lands to obtain more detailed information on administrative procedures and practices, tribal caseloads, provided services, and the capacity of the offices to report detailed data on the tribal matters they handle. NORC at the University of Chicago will serve as the data collection agent with the assistance of IACP, NSA, and APA. Tribal courts in the United States *********************************** In FY 2014, BJS continued the development of the 2014 National Survey of Tribal Court Systems (NSTCS). The NSTCS will be BJS’s first statistical collection focusing on tribal justice systems since 2002. Through the NSTCS, BJS will gather information on the administrative and operational characteristics of tribal justice systems (including budgets, staffing, caseloads and case processes), indigent defense services, pretrial and probation programs, protection orders and domestic violence, and juvenile cases; implementation of various enhanced sentencing provisions of the Tribal Law and Order Act (TLOA); and various indigenous or traditional dispute forums operating within Indian country. In early 2014, BJS finalized a list of all known tribal courts. BJS worked with tribal justice professionals and experts to define the respondent universe of tribal courts. BJS and its data collection agent, Kauffman and Associates, identified approximately 426 courts or justice forums. The list can be found at www.tribalcourtsurvey.org. BJS has developed three separate but compatible survey instruments customized to the various types of tribal courts: * NSTCS–Lower 48 will focus on approximately 245 tribal courts in the lower 48 states. The courts are located in non-P.L. 280 states (with federal jurisdiction for major crimes) and P.L. 280 states (in which major crime jurisdiction transferred to the states courts). In both types of courts, tribes may hold concurrent jurisdiction for crimes involving AIAN and primary jurisdiction for most civil matters occurring on tribal lands. * NSTCS–Alaska will focus on about 152 Alaska tribal councils and courts that were excluded from the 2002 data collection on tribal justice systems. Compared with tribes in the lower 48 states, Alaska tribes tend to be smaller, less economically well off, geographically dispersed, and have less formally organized tribal courts. The tribes in Alaska reside in village areas, unlike tribes in the lower 48 states that reside on reservations. * NSTCS–CFR will be the first BJS data collection that includes courts operated under the Court of Federal Regulation (CFR). A CFR court, using federal laws, generally acts as a tribe’s judicial system until the tribe establishes its own court. A CFR court is a trial court in which parties present their cases before a magistrate. Appeals may be taken from the trial court to the Court of Indian Appeals. About 29 CFR courts will receive the survey. Several organizations have provided comments on the survey instruments, including the Department of Justice’s Office of Tribal Justice (OTJ), American Probation and Parole Association (APPA), Pretrial Institute (PI), Tribal Law and Policy Institute (TLPI), Indian Country Justice Partners (ICJP), and the Indian Country Highway Safety Program Administration. The organizations suggested additional items on pretrial service; probation, parole, and reentry programs; and convictions in tribal court for driving under the influence or driving while intoxicated. BJS anticipates data collection to begin in early 2015. 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 79 Indian country jails and detention facilities. BJS initiated the SJIC in 1998 as a component of the Annual Survey of Jails (ASJ). The SJIC includes all known Indian country facilities operated by tribal authorities or the BIA. The most recent survey collected data on the number of inmates and percentage of capacity occupied based on the average daily population, midyear population, and peak population in the facilities in June 2012. The survey also gathered information on staffing, offense types, and conviction status, and an addendum collected in-depth data on inmates, health services, and facility programs. The findings of the SJIC data are in Jails in Indian Country, 2012, (NCJ 242187, BJS web, June 2013. The report showed that the number of jails or detention centers operating in Indian country increased 14.5%, from 69 facilities in 1998 to 79 in 2012. At midyear 2012, a total of 2,364 inmates were confined in Indian country jails—a 5.6% increase from the 2,239 inmates confined at midyear 2011. For the 79 tribal facilities operating in June 2012, the average expected length of stay for inmates was 5 days. During FY 2014, BJS completed the 2013 SJIC. Results are expected to be released in August 2014. American Indians in local jails *********************************** BJS’s Annual Survey of Jails (ASJ) collects data on the number of AIAN held in local jails and the number held for BIA. Jail Inmates at Midyear 2013 - Statistical Tables (NCJ 245350, BJS web, May 2014) presents estimates of the number of jail inmates at midyear 2013. In 2013, local jails held about 10,200 AIAN inmates, or 1.4% of the total (731,208) jail inmate population at midyear. The ASJ does not provide information on tribal membership or affiliations for the AIAN inmates. Federal justice statistics *********************************** The Federal Justice Statistics Program (FJSP) provides annual data on workload, activities, and outcomes associated with federal criminal cases. It acquires information on all aspects of processing in the federal justice system, including arrests, initial prosecution decisions, referrals to courts or magistrates, court dispositions, sentencing outcomes, sentence length, and time served. FJSP collects data from the U.S. Marshals Service, the Executive Office for U.S. Attorneys, the U.S. Office of Probation and Pretrial Services, the Administrative Office of the U.S. Courts, the U.S. Sentencing Commission, and the Federal Bureau of Prisons. Through its Federal Justice Statistics Resource Center (FJSRC), BJS compiles comprehensive information describing suspects and defendants processed in the federal criminal justice system. The FJSP provides data on AIAN derived from administrative records for select stages of the criminal justice system. During 2011 (the most recent federal data available), 2,658 AIAN were arrested and booked by federal law enforcement agencies, 1,254 were sentenced in U.S. district courts, 1,713 entered federal prison, and 1,548 exited federal prison. At the end of FY 2011, 3,609 AIAN were held in federal prison (1.8% of all prisoners). ***Footnote 4 Generated using the Federal Criminal Case Processing Statistics (FCCPS) tool at http://www.bjs.gov, May 21, 2014. AIAN in these analyses include persons living on and off tribal lands and persons who are and are not tribal members.*** With funding from BJS, the Urban Institute has undertaken a special analysis of Indian country cases in the federal justice system using FJSP. The final report will focus on adult and juvenile cases processed in the federal system from FY 2009–11, and will update data presented on juvenile cases in the report, Tribal Youth in the Federal System, 1999–2008, NCJ 234218, BJS web, June 2011. National Crime Victimization Survey (NCVS) *********************************** The 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. The annual Criminal Victimization reports publish victimization estimates of self-identified AIAN. In October 2013, BJS released Criminal Victimization, 2012 (NCJ 243389, BJS web). From 2011 to 2012, the rate of violent victimization—rape or sexual assault, robbery, aggravated assault, and simple assault—reported among AIAN remained relatively stable at 45.4 per 1,000 persons age 12 or older in 2011 and 46.9 in 2012. Understanding NCVS estimates of victimization among AIAN on tribal lands remains a concern for BJS. NCVS statistics on AIAN victimization are often misinterpreted to be referring to persons residing in Indian country or tribal lands, when NCVS data on AIAN refer to respondents who reside largely outside of Indian country. In addition, the NCVS does not determine if the self-identified AIAN has tribal membership or affiliation. As part of the ongoing redesign of the NCVS, BJS is exploring g the feasibility of adding new items to determine tribal membership and whether the victimization occurred on tribal lands. Based on current data, multiple years of data would be needed to provide reliable estimates on tribal membership and victimization on tribal lands. *********************************** Tribal participation in national records and information systems *********************************** During 2014, BJS continued to focus on improving tribal participation in national record and information systems by working to expand tribal reporting to the UCR Program, which increases tribal eligibility for JAG awards, and tribal funding eligibility for 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). Beginning in 2009, BJS worked with the BIA, FBI, and tribes to increase tribal reporting to the UCR. Since that time, the overall number of tribal law enforcement agencies with identifiable crime data in the FBI’s UCR Program increased from 2008 to 2012. Among AIAN tribal law enforcement agencies with identifiable crime data, 158 agencies (compared to 12 in 2008) reported 12 months of offense information and had disaggregated data published in the FBI’s annual report, Crime in the United States, 2012. Tribal law enforcement agencies reported about 26,902 violent and property crimes (not including arson) occurring on tribal lands in 2012 (tables 1 and 2).***Footnote 5 ?Data are based on the crimes reported to the BIA and tribal law enforcement agencies submitting 12 months of complete offense data. Those tribes providing less than 12 months of crime data to the UCR are not included in the aggregated total estimates provided in tables 1 and 2*** In 2012, 81% 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 (72%), forcible rape (89%), robbery (81%), and aggravated assault (80%) (not shown). From 2008 to 2012, the proportion of property offenses reported by tribal law enforcement agencies that were traceable to the tribe increased from 13% to 82% (not shown). Between 2008 and 2012, the number of property offenses known to tribal police and reported to the FBI increased 21%, from 17,524 to 21,259. Tribes and the Edward Byrne Memorial Justice Assistance Grant (JAG) Program *********************************** A total of $3,276,838 was made available in 131 awards to tribal governments through the JAG Program from 2008 to 2014 (table 3). 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. The total funds available for JAG have steadily decreased since 2009. The total 2014 JAG funding allocated to tribes was approximately $350,609, a 13% decrease from the $404,317 allocated in 2013. The overall number of tribes eligible for JAG awards decreased from 21 in 2013 to 18 in 2014. The five largest JAG allocations to tribal governments in 2014 were awarded to the Navajo Nation ($75,262), Rosebud ($41,362), Minnesota Chippewa Tribe ($19,249), Standing Rock Sioux Tribe ($18,942), and Three Affiliated Tribes of the Fort Berthold Reservation ($17,006). National Criminal History Improvement Program (NCHIP) and Indian country *********************************** In 2014, BJS announced the continuation of the NCHIP program. Federally recognized tribal governments are eligible to apply, and tribes may submit applications as part of a multi-tribe consortium. NCHIP serves as an umbrella for various record improvement activities and funding sources, 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. The goal of the NCHIP 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 versions. 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) *********************************** In 2014, BJS announced the continuation of the NARIP program. Federally recognized Indian tribal governments are eligible to apply. The NARIP program was enacted to address provisions of the NICS Improvement Amendments Act of 2007 (NIAA). The NARIP helps states and tribal governments identify individuals prohibited by federal law from possessing firearms. NIAA provides that grants shall 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 a subject of a prohibiting domestic violence protection order; and 3) prohibiting mental health adjudications and commitments. The NARIP program aims to improve the completeness, automation, and transmittal of records to federal and state systems used by NICS by addressing the information gap about prohibiting mental health adjudications, commitments, and other factors. Filling these information gaps will better enable the system to prevent 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. BJS Indian country justice statistics webpage *********************************** This webpage serves as a repository for information on 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. Links to the FBI’s extract files of violent and property offenses known to tribal law enforcement by state from 2008 to 2012 are available on the BJS website. *********************************** Previously released reports *********************************** Tribal Crime Data Collection Activities, 2013 (NCJ 242584) 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, 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 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 Steven W. Perry. Alexia Cooper provided statistical review and verification of the report. Vanessa Curto and Jill Thomas edited the report. Barbara Quinn produced the report. July 2014, NCJ 246917 ******************************************************* ************************************************** Office of Justice Programs Innovation * Partnerships * Safer Neighborhoods www.ojp.usdoj.gov ************************************************** ********************** 7/3/2014/JER/11:00am **********************