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Tribal Crime and Justice

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Description

The Tribal Law and Order Act of 2010 (TLOA; P.L. 111-211, 124 Stat. 2258 § 251(b)) requires BJS to establish and implement a tribal crime data-collection system, and support tribal participation in national records and information systems. The Act specifies data collection and analysis of crimes committed on federally recognized reservations, in tribal communities, and on identified trust lands which in combination are commonly referred to as Indian country. There are approximately 326 federally recognized tribal lands in the continental United States, with an estimated population of 4.6 million persons, of which 23% are American Indian or Alaska Native (AIAN).

For crimes committed in Indian country, jurisdiction over criminal justice administration varies by the type and seriousness of the crime, whether the offender or victim is a tribal member, and the location of the offense. Crimes committed in Indian country among AIANs may be subject to concurrent jurisdiction by tribal, federal, state, or local criminal justice agencies. This is due to the sovereign status of federally recognized tribes and to Public Law 83-280 (commonly referred to as P.L. 280).

Tribal Justice Statistics Program

To meet the requirements of TLOA and to accurately measure indicators of the administration of justice in Indian country, the Tribal Justice Statistics Program (TJSP) uses a multi-measure approach, including

  • Maintaining tribal data collections including the Survey of Jails in Indian Country (SJIC), the Census of Tribal Law Enforcement Agencies (CTLEA), and the National Survey of Tribal Court Systems (NSTCS)
  • Funding to enhance tribal participation in national records and information systems, including the National Criminal History Improvement Program (NCHIP) and the National Instant Criminal Background Check System (NICS) Act Record Improvement Program (NARIP)
  • Reporting statistical findings on the AIAN population in the federal justice system.

 

Terms & Definitions

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). Tribal authority to imprison American Indian offenders is limited to one year per offense by statute (25 U.S.C. § 1302), a $5,000 fine, or both.

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.

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).

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.