Tribal Law & Order Act Update. National Congress of American Indians Lincoln, Nebraska June 18, 2012

Transcription

1 Tribal Law & Order Act Update National Congress of American Indians Lincoln, Nebraska June 18, 2012

2 Tribal Law & Order Act Signed in to law by President Obama on July 29, Public Law

3 Confirmation of Existing DOJ Practices Authorizes and mandates: That USAOs must designate tribal liaison with statutorily specified duties: DONE That DOJ Office of Tribal Justice become a permanent component at Main Justice: DONE

4 Federal Declinations When federal investigation terminated or USAO declines prosecution, US shall coordinate with tribal law enforcement officials. EOUSA to submit annual reports to Congress.

5 Reports to Congress DOJ COPS office to submit Indian country report to Congress. 08/COPS%20Report%20tloa.pdf DOJ/DOI to submit Indian country long term adult & juvenile detention plan. an.pdf

6 Information Sharing Statutorily confirms existing FBI CJIS policy to allow tribal law enforcement access to federal criminal information databases including NCIC (28 USC 534). Requires BIA OJS to report UCR crime data to FBI CJIS on a tribe-by-tribe basis.

7 DOJ NCIC Access Project 32 tribal police departments identified: Without NCIC access, That need independent NCIC access, and, Are unable to it acquire through normal means.

8 DOJ NCIC Access Project Out of 32 tribal police departments: 12 in California 4 in Nevada 2 in Oklahoma 14 other (1 each in Idaho, Iowa, Maine, Minnesota, Montana, Nebraska, New Mexico, New York, Oregon, Rhode Island, South Dakota, Texas, Utah & Washington).

9 DOJ NCIC Access Project Installation done: 17 Installation in progress: 4 Tribe declined or information not provided by tribe: 11

10 Charitable Foundation Creates Indian Law Enforcement Foundation. Receive donations and grant awards to BIA OJS & tribal public safety & justice services programs. Next step: incorporation in DC.

11 Law and Order Commission New Indian Law & Order Commission to conduct a comprehensive study of IC criminal justice system.

12 Law and Order Commission Meetings so far: Tulalip, WA Portland, OR Santa Ana & Pojoaque Pueblos, NM Phoenix, AZ Palm Springs, CA Washington, DC Oklahoma City, OK Rosebud Sioux, SD

13 Law and Order Commission Upcoming Meetings: Anchorage, AK July 2012 St. Regis Mohawk, NY August 2012 Bismarck, ND September 2012 Will submit final report to President & Congress in 2012.

14 Felony Criminal Jurisdiction Tribal courts that opt-in must provide: Bar-licensed indigent counsel, Judge with sufficient training to conduct criminal trial, Tribal criminal laws/rules be publicly available, and Court proceedings must be recorded.

15 DOJ Bureau of Prisons Tribal Prisoner Pilot Program Must be Tribally sentenced. Capacity: up to 100 prisoners. Cost: BOP expense.

16 BOP Tribal Prisoner Pilot Program Must be sentenced under new tribal court felony sentencing authority. Must be for a violent crime. Sentence must be for at least two years.

17 Public Law 280 Jurisdiction Assumption Amends Public Law 280 (18 USC 1162). Prior to TLOA, retrocession required State concurrence and approval by the Secretary of the Interior. TLOA allows for re-assumption of concurrent federal jurisdiction by the Attorney General; no State concurrence is required.

18 Public Law 280 Jurisdiction Assumption Proposed rules published: 76 FR ( ). Final rules published: 76 FR ( ); took effect January 5, CFR 50.25

19 Public Law 280 Jurisdiction Assumption Request made by chief executive official of tribe (President, Chairman, Chief, Governor, etc.). Request sent to OTJ. Explain how it will improve public safety & law enforcement. Identify state/local agencies that have jurisdiction.

20 OTJ will: Public Law 280 Jurisdiction Assumption Acknowledge receipt Publish FR notice seeking public comment Notify state/local LE & State Governor Seek comments from DOJ (USAO, FBI, etc.) Seek comments from other federal agencies (federal district court, BIA, DHS, etc.) Initiate consultation with tribe

21 Public Law 280 Jurisdiction Assumption Factors to be considered: Whether it will improve public safety, law enforcement, & reduce crime. Whether it will improve access to resources: Law enforcement Judicial Detention & corrections Comments received

22 Public Law 280 Jurisdiction Assumption Recommendation to be made by Office of Tribal Justice Executive Office for US Attorneys Federal Bureau Investigation Decision to be made by Deputy Attorney General

23 Public Law 280 Jurisdiction Assumption DAG s options: Consent to assumption (with our without conditions) and publish notice in FR, Deny request, or Request further information.

24 Public Law 280 Jurisdiction Assumption Pending Requests: Elk Valley (CA) Hoopa Valley (CA) Table Mountain (CA) White Earth (MN)

25 Chris Chaney US DOJ Office of Tribal Justice (202)