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Jails in Indian Country

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Description

In 1998, the Bureau of Justice Statistics began collecting detailed information on confinement facilities, detention centers, jails, and other facilities operated by tribal authorities or the Bureau of Indian Affairs (BIA) through the Survey of Jails in Indian Country (SJIC). Information is gathered on inmate counts, movements, facility operations, and staff. In selected years (1998, 2004, 2007, and 2011), additional information is collected on facility programs and services, such as medical assessments and mental health screening procedures, inmate work assignments, counseling, and educational programs.

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.

Tribal jurisdiction

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 American Indians. Certain areas of Indian country are under Public Law 83-280, as amended. P.L. 280 conferred jurisdiction on certain states over Indian country and suspended enforcement of the Major Crimes Act (18 U.S.C. § 1153) and the General Crimes Act (18 U.S.C. § 1152) in those areas. Indian tribes retain concurrent jurisdiction to enforce laws in Indian country where P.L. 280 applies.