Tribal Law and Order Act
On July 29, 2010, President Barack Obama signed the Tribal Law and Order Act
into law. Indian reservations nationwide face violent crime rates more than 2.5
times the national rate as a result of lack of training and funds for Tribal
justice systems. The broad purpose of the Act is to provide tribes with the
tools to combat crime locally and establish measures of Federal agency
accountability for investigating and prosecuting crime in Indian country.
What Tribes Need to Know
Increased Tribal Court Sentencing Authority
The maximum authorized criminal sentence is now three (3) years if the defendant
has or is provided an attorney and other federal criminal procedure rules are
followed. More information
Evidence Sharing
Federal prosecutors are required to share evidence to support prosecutions in
tribal court. More information
Declination Data
Federal law enforcement officers, the Federal Bureau of Investigation (FBI) are
required to maintain data on decisions not to investigate or prosecute alleged
violations of federal criminal law in Indian Country. Attorney General required
to submit an annual report to Congress on investigations and prosecutions in
Indian country that were terminated or declined. More information
Federal Official Testimony
Federal officials who work in Indian country are required to testify about
information gained in the scope of their duties to support a prosecution in
tribal court. More information
Warrantless Arrests
BIA law enforcement officers are authorized to make warrantless arrests in
Indian country based on probable cause for misdemeanor offenses involving
controlled substances, firearms, assaults, or liquor trafficking. More
information
Communications and Data Sharing
BIA Office of Justice Services Replaces Division of Law Enforcement in the
Department of Interior (DOI) is required to:
- Communicate with tribal leaders, tribal community and victims’
advocates, tribal justice officials, and residents of Indian land on a
regular basis regarding public safety and justice concerns
- Provide technical assistance and training to tribal law enforcement
officials for gaining access to crime information databases
- Collect, analyze, and report data on crimes in Indian country on an
annual basis
- Share with the Department of Justice (DOJ) crime data received from
tribal law enforcement agencies on a tribe-by-tribe basis
- Submit spending report on tribal public safety and justice programs and
technical assistance and training provided to tribal law enforcement and
corrections agencies to House Committee on Natural Resources and Senate
Committee on Indian Affairs.
Incarceration in Indian Country
Secretary of the Interior is directed to submit to Congress a long-term plan to
address incarceration in Indian country. More information
Appointment of Tribal Prosecutors
Attorney General is authorized to appoint tribal prosecutors and other qualified
attorneys to assist in prosecuting federal crime committed in Indian country.
More information
Appointment of Tribal Liaison
Each United States Attorney whose district includes Indian country is required
to appoint at least one assistant United States Attorney to serve as a tribal
liaison for specified purposes that include coordinating the prosecution of
federal crimes that occur in Indian country, combating child abuse, and domestic
and sexual violence against Indians, and providing technical assistance and
training on evidence gathering techniques. More information
Native American Issues Coordinator
Position established in the Executive Office for United States Attorneys the
position of Native American Issues Coordinator, to coordinate with United States
Attorneys in prosecuting crimes in Indian country. More information
Prescription Drug Monitoring Program
The Secretary of Health and Human Services (HHS) is directed to establish a
prescription drug monitoring program at the health care facilities of the Indian
Health Service, tribal health care facilities, and urban Indian health care
facilities and report to the House Committee on Natural Resources and the Senate
Committee on Indian Affairs on the program. More information
Prescription Drug Abuse Prevention
The Attorney General, in conjunction with the HHS Secretary and the Secretary of
Interior is directed to:
- conduct and assessment of federal and tribal agencies to carry out data
collection and analysis relating to prescription drug abuse in Indian
communities;
- Provide training to Indian health care providers and other Indian tribal
officials to promote awareness and prevention of such abuse and strategies
for improving agency responses to addressing it;
- Report to the House Committee on Natural Resources and the Senate
Committee on Indian Affairs on prescription drug abuse prevention
activities.
Tribal Court Funding
Three tribal court funding acts were reauthorized:
- Indian Tribal Justice Act
- Tribal Court Assistance Program;
- Training and Technical Assistance under Public Law 106-559.
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