2010 Tribal Law and Order Act

Transcription

1 2010 Tribal Law and Order Act Implications For Justice Systems in Indian Country Rural Health Forum December 2010 Hopi Tewa Women s Coalition to End Abuse

2 TLOA Background 15 Senate Committee on Indian Affairs (SCIA)Hearings were held ( ), which confirmed longstanding violence & related problems on Tribal lands: Epidemic domestic and sexual violence. Prosecution declinations and lack of federal response. Reservation target for drug smuggling and other crimes. Low police presence, limited training, recruitment/retention difficulties.

3 SCIA Findings Broken and Divided System Handcuffed tribal justice systems Lack of federal accountability Jurisdictional maze Underfunded tribal justice systems Solution: Senator Dorgan introduced TLOA on April 2, 2009 Establishes a comprehensive approach to changing system

4 TLOA Improves Tools to Address Domestic Violence & Sexual Assault Epidemic in IC 34% of American Indian & Alaska Native women will be raped or sexually assaulted. 39% of Native women will suffer domestic violence/partner abuse.

5 Key Provisions of the TLOA Title I: Title III: Title IV: Title V: Title VI: Federal Accountability & Coordination Empowers Tribal Justice Systems Program Reauthorizations IC Crime Data Collection & Information Sharing Domestic Violence & Sexual Assault Investigation, Prosecution & Prevention

6 Section 101 Requires BIA-Office of Justice Services (OJS) to share crime data with Department of Justice. Requires BIA-OJS to submit to Congress annual public safety spending & unmet needs reports on wide range of public safety items. Requires BIA-OJS to consult on a regular basis with tribal communities on public safety concerns, and development of policies that affect public safety

7 Section 102 Requires FBI & US Attorneys to maintain data on investigation terminations and prosecution declinations. Requires annual report to Congress on terminations/declinations. Requires FBI and US Attorneys to share evidence with tribal prosecutors to aid successful prosecution in tribal court.

8 Section 103 Authorizes appointment of tribal prosecutors as Special Assistant US Attorneys. Urges Federal courts to hold trials in Indian Country to permit tribal communities to see justice done at home, rather than hear about cases in Federal courts miles away from crime scene. Requires Tribal in each District to consult/coordinate with tribal justice officials, and provide TA to improve Tribal ability to respond to reservation crime.

9 Section 301 Enhances deputization of tribal police officers to enforce Federal law violations in Indian Country Special Law Enforcement Commissions.

10 Section 301 Expands hiring age of BIA officers from 37 to 47 to accommodate retired Native military officers. Expands BIA and tribal police training opportunities to tribal, State, and local police academies meeting Peace Officer Standards that are consistent with Federal Law. Expedites BIA background checks of police candidates and requires completion of background checks within 60 days for 638 contracted police candidates.

11 Section 303 Improves access to all Federal criminal history databases, i.e. clarifies that tribal police are authorized law enforcement official[s] for purposes of National Crime Information access.

12 Section 304 Increased Sentencing Authority Amends the Indian Civil Rights Act to increase tribal sentencing authority from 1 to 3 years per offense up to a maximum of three offenses. Will allow tribal prosecutors to stack up to three offenses for a maximum 9 year jail sentence.

13 Enhanced Sentencing Requirements In order for a tribal court to sentence a defendant to more than 1 year in jail, the Tribe must: Provide licensed legal counsel to defendant (licensed by either the Tribe, State, or Federal government). Ensure the presiding tribal judge is licensed and law trained (same as above). Publish tribal criminal laws, rules of evidence, and court procedures. Maintain an audio or video record of the criminal trial. Cases not subject to 1+ years in jail will continue to follow current Indian Civil Rights Act (business as usual).

14 Section 602 Requires Federal officers working in Indian Country to receive training in handling domestic violence and sexual assault cases to improve interview techniques and crime scene and evidence handling.

15 Section 603 Requires Indian Health Service (IHS) and Bureau of Indian Affairs (BIA) officials to testify in tribal court on information gained in the scope of their employment to aid in prosecutions of domestic violence and sexual assault cases (unless testimony would violate Department impartiality policy).

16 Section 605 Requires IHS Director to establish and implement standardized protocols on the handling of all aspects of sexual assault cases in Indian Country.

17 Section 606 Study of IHS Response Capabilities Requires the Government Accountability Office (GAO) to review the capability of IHS to collect, maintain, and secure evidence of sexual assaults and domestic violence incidents required for criminal prosecution. Report is due to the Chairman and Ranking Members of the Senate Committee on Indian Affairs and the House Committee on Natural Resources by July 29, 2011.

18 Preliminary Research Objectives 1. What are the capabilities of the IHS in remote Indian reservations to collect, maintain, and secure evidence of sexual assaults and domestic violence incidents required for criminal prosecution? 2. How can the IHS or other agencies involved in collecting, maintaining, or securing such evidence improve IHS capabilities?

19 Enhances Federal Accountability, Consultation, and Coordination Tribal justice systems are the first responders to Indian Country crime, and the United States has acknowledged that its obligation for public safety in Indian Country includes improving the ability of tribal governments to combat crime locally. TLOA will establish and strengthen standards to hold the United States to its treaty, trust, and Federal statutory obligations to provide public safety for and work with tribal justice systems.

20 Dennis K. Burke, United States Attorney District of Arizona Issued letter to AZ Tribal Leaders on December 2, 2009 (prior to passage of TLOA), outlining his commitments to IC justice. Hopes to begin new conversations and pledged the commitment of his Office to bring about meaningful change in public safety on Tribal lands change reflected in action rather than just talk. Promised Collaborative Justice in IC including: Establishing regular means of communication & working with Tribes on a government-to-government basis. Developing a Plan of Action. Communicating case reviews from start to finish.

21 District of Arizona cont. Tribal Liaison Program Each Tribe is assigned AUSA with felony prosecution and liaison responsibility. Goal is to increase in-person interaction among prosecutors, elected Tribal officials, law enforcement personnel, and other partners (e.g., social services, IHS, Tribal health officials). AUSAs are strongly encouraged to attend Tribal court proceedings. Tribal prosecutors invited to participate in Special Assistant United States Attorney program

22 District of Arizona cont. Declination Policy No oral federal declinations. Written declinations must include reason in sufficient detail for tribal prosecutor to understand. Declination letter must go to case agent and tribal prosecutor. Prosecution decision must be made within 30 days of receipt of report from case agent. Decision options include charge, decline, OR identify missing evidence/weak elements and direct case agent to take specific steps to shore up insufficient evidence.

23 Thank You! Dorma L. Sahneyah, Executive Director Hopi Tewa Women s Coalition to End Abuse exdir@hopitelecom.net hopiwomenscoalition@yahoo.com (928) (ofc) (928) (fax)