Tribal Crime Data Collection Activities, 2013
Date Published
August 2013
Publication Type
Publication
Agencies
BJS
Indian Country Justice Statistics
Public Law 93-638
The Indian Self-Determination Act of 1975 affords tribes the opportunity to provide for their own police departments and other institutional services through federal grants and contracts.
Public Law 83-280 (commonly referred to as Public Law 280 or P.L. 280)
Establishes criminal justice responsibilities among American Indian tribes with tribal land, the states in which tribes are located, and the federal government. Public Law 280 is mandatory or optional for 204 tribes, about two-thirds of the total in the lower 48 states. In states where P.L. 280 does not apply, the federal government retains criminal jurisdiction for major crimes committed under the Indian Country Crimes Act (18 U.S.C. § 1152), the Indian Country Major Crimes Act (18 U.S.C. § 1153), and the Assimilative Crimes Act (18 U.S.C. § 13).
Criminal jurisdiction in tribal areas
Jurisdiction over offenses in Indian country may lie with federal, state, or tribal agencies, depending on the particular offense, offender, victim, and offense location. For more information on tribal jurisdiction, see State Prosecutors' Offices with Jurisdiction in Indian Country, 2007, Tribal Law Enforcement, 2008, Census of Tribal Justice Agencies in Indian Country, 2002, and the Jails in Indian Country series.
Indian country jails
Indian country adult and juvenile detention centers, jails, and other correctional facilities operated by tribal authorities or the Bureau of Indian Affairs, U.S. Department of the Interior.
Indian country
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). Prior to July 29, 2010, tribal authority to imprison American Indian or Alaska Native offenders had been limited by statute (25 U.S.C. § 1302) to 1 year, a $5,000 fine, or both per offense. On July 29, 2010, the Tribal Law and Order Act of 2010 was signed into law, expanding the sentencing authority of tribal courts. As a result, offenders may serve potentially longer sentences (up to 3 years per offense and up to 9 years per multioffense case) in correctional facilities in Indian country (P.L. 111–211, H.R. 725, 124 Stat. 2258).
Annual Survey of Jails in Indian Country (SJIC)
Collects detailed information on confinement facilities, detention centers, jails, and other facilities operated by tribal authorities or the Bureau of Indian Affairs. Information is gathered on inmate counts, movements, facility operations, and staff. In selected years (1998, 2004, 2007, and 2011), additional information was collected on facility programs and services, such as medical assessments and mental health screening procedures, inmate work assignments, counseling, and educational...
Census of Tribal Justice Agencies in American Indian and Alaska Native Tribal Jurisdictions (CTJA02)
Includes data on the number of law enforcement agencies and officers; characteristics of tribal courts and their caseloads; types of available criminal sanctions; and criminal justice statistics data collection and sharing capacity. The census collected data from nearly 350 tribes in the continental U.S. and is the first comprehensive effort to identify the range of justice agencies operating in tribal jurisdictions, the services those agencies...