Chapter 11

Addressing Crime and Justice for
American Indians & Alaska Natives

Overview

Since the formation of the Union, the United States has recognized Indian tribes as sovereign governments that exercise authority over their members and their territories. Through treaties, our nation guaranteed tribal rights to self-government and extended its protection to Indian tribes. Under the federal trust responsibility, the United States has provided felony law enforcement in most of Indian country since the 1880s through the Departments of Interior and Justice. In other areas, Congress delegated authority to states to exercise felony jurisdiction in Indian country. Throughout Indian country, Indian tribes exercise concurrent authority over misdemeanor crimes by Indians.

Today, many Indian Nations are experiencing an unprecedented realization of self-governance. However, to sustain this momentum, the continued economic growth of tribal communities and further development of the governing infrastructure are critical. To support tribal efforts, Attorney General Reno is leading the Justice Department in building partnerships at the state, federal, and tribal levels to provide assistance to tribal governments, to enhance tribal judicial systems, and to improve public safety and the quality of life in tribal communities. OJP is committed to working together with Indian tribes to support these endeavors.

A critical Department of Justice priority is to assist tribal governments in building comprehensive and effective law enforcement and public safety systems to provide the foundation for healthy communities. While crime rates are falling throughout the rest of the nation, within Indian tribes crime rates are rising. American Indians experience violent crime at a rate that is twice that of the general population. Indian tribes report high rates of domestic violence, child abuse, aggravated assaults, and violent crime strongly correlated with alcohol abuse. Rape and sexual assault, robbery, aggravated assault, and simple assault occur at rates that translate into 1 violent crime for every 8 American Indian residents age 12 or older compared to the national average of about 1 violent crime for every 20 residents of that age. Rates of child abuse and neglect, which have been declining among whites and blacks, are up 18 percent in recent years among American Indians.

A 1996 report by the Justice Department Inspector General concluded that there is a pervasive lack of reliable crime statistics in Indian country, due primarily to the lack of law enforcement manpower to record crime reports. To address this problem, the Bureau of Justice Statistics has conducted a special analysis using the National Crime Victim Survey and other statistical series on the victimization of American Indians, Alaska Natives, and Aleuts. Findings show that American Indians experience higher rates of violence in every age group and every income group than the national average. From the limited information available, we do know that the pervasive crime problem among American Indians poses unique challenges for all levels of government.

At the same time, many Indian tribes suffer from severe economic problems. Forty-nine percent of the Indian adults in Indian country are unemployed. Most Indian tribes have health, social, and economic indicators lower than those in the general population. Education attainment among Indians is also far lower than the national average. In addition, tribes suffer from a lack of resources for law enforcement, tribal courts, prosecutors, and defender and victim services.

Because effective law enforcement and public safety are essential elements of healthy communities, tribal governments need to further develop and expand comprehensive tribal justice systems and services to their communities. This work begins with families and schools. OJP is supporting tribal efforts to enhance the safety and protection of Native American women and children. Major support will be provided to tribal governments for juvenile justice efforts and will help tribes ensure the accountability and management of offenders through effective community policing services, criminal investigation, prosecutorial, tribal court, and probation services, as well as detention and alternative sentencing programs.

In addition, in cooperation with the Department of the Interior, the Justice Department is promoting effective law enforcement and public safety in Indian communities through the President's Indian Country Law Enforcement Improvement Initiative. In FY 1999, the DOJ will provide $89 million for tribal police officer salaries (through COPS), equipment, training, construction of detention facilities, juvenile justice programs, tribal courts, and federal law enforcement efforts.

In concert with this inter-departmental effort, OJP is working with Indian tribes to address crime in Indian country and ensure the safety of tribal communities. OJP and its bureaus and program offices are providing direct and indirect assistance to Indian tribes to ensure that Indian tribes are able to access opportunities and information to strengthen their tribal justice systems. The development of culturally relevant tribal programs will strengthen the institutional capacity of tribal criminal justice systems and enhance the coordination of federal law enforcement efforts in Indian country.

At the same time, OJP's American Indian and Alaska Native Affairs Office continues to coordinate OJP assistance to tribal communities, consulting with tribal leaders and practitioners through constituency meetings. These meetings have produced vital information on juvenile justice matters, emerging crime research needs, alcohol abuse and crime, and violence against Native women. OJP also works closely with the Justice Department's Office of Tribal Justice and other DOJ components to coordinate programing and other initiatives on tribal affairs.

In Fiscal Year 1999, OJP will continue to increase its efforts to channel justice-related resources through discretionary grants and to make existing programs traditionally available to states and local entities more relevant to the needs of tribal governments. OJP will expand programmatic support to enhance the capacity of tribal governments to address issues ranging from violence against women, drug courts, victims services, juvenile justice, comprehensive planning through Weed and Seed, law enforcement services, technology enhancement, tribal courts assistance, and research efforts.

Continuation Programs

The following programs will be conducted by current or already designated grantees. No new applications will be solicited in FY 1999.

Children's Justice Act Partnerships for Indian Communities (CJA)
Grantee: To be selected from FY 1998 applicants
FY99 Funding: $1.272 million
OJP Sponsor: Office for Victims of Crime (OVC)

Project Description: The CJA program supports Indian communities in developing, establishing, and operating programs to improve the investigation, prosecution, and overall handling of child abuse cases, particularly cases of child sexual abuse, in a manner that increases support for and reduces trauma to child victims. The partnership projects address shortcomings in the tribal criminal justice system and make systemic improvements in the overall response to serious child abuse and child sexual abuse cases on the reservation. In FY 1999, OVC will continue support for eight existing CJA programs and will fund nine new CJA programs in FY 1999 to be selected from applications submitted in FY 1998.

Children's Advocacy Centers in Indian Country
Grantee: National Network of Children's Advocacy Centers
FY99 Funding: $50,000
OJP Sponsor: OVC

Project Description: This program provides funding through an Interagency Agreement with OJJDP to assist Indian tribes in establishing Children's Advocacy Centers (CACs) in Indian country. The Tulalip Tribe was selected as a demonstration site in 1996 to develop a coordinated strategy to meet the needs of American Indian child victims and the criminal justice system. In FY 1999, OVC will continue the program and support one or more new and/or existing CAC demonstration sites in Indian country. The funding may be used to assist a tribe in enhancing an existing CAC program or to provide technical assistance in establishing a CAC program. No new applications will be solicited in FY 1999. For more information, contact the Western Regional Children's Advocacy Center, 301 West Thirteenth, Pueblo, Colorado 81003. The telephone number is 1-800/582-2203 or 719/543-0380.

Tribal Court Appointed Special Advocate (CASA) Programs
Grantee: National CASA Association
FY99 Funding: $175,000
OJP Sponsor: OVC

Project Description: In addition to funding provided by OJJDP, OVC will provide continuing support to CASA programs in Indian Country. The funding will support four demonstration programs, attendance of CASA staff at the National CASA conference, training and technical assistance, and development of guidelines for all 14 tribal CASA programs.

Model Projects for Combating Underage Drinking in American Indian/Alaskan Native Communities
Grantee: Indian Rehabilitation, Inc.
FY99 Funding: $400,000
OJP Sponsor: Office of Juvenile Justice and Delinquency Prevention (OJJDP)

Project Description: The overall goals of the program are to reduce underage drinking by establishing and enhancing efforts by American Indian/Alaskan Native communities, with a special emphasis on prohibiting the sale to or the consumption of alcoholic beverages by minors. The program will also work to increase law enforcement awareness and activity regarding the sale of alcohol to minors in American Indian/Alaskan communities and evaluate the effectiveness of the demonstration projects. During FY 1999, Indian Rehabilitation, Inc. will develop a program model so that grantees will be able to implement the program and modify it to meet specific tribal situations. Four tribal communities will be selected to implement the demonstration program. One site will be an Alaskan village, one a plains tribe, one a Southwest tribe or California rancheria, and one a Southeast or Northwest tribe. For more information, contact Sharie Cantelon at OJJDP, 202/616-3658 or Sharie@ojp.usdoj.gov.

Indian Country Triad: A Strategy to Reduce the Victimization
of Older Persons in Tribal Communities
Grantee: To be selected from FY 1998 applicants
FY99 Funding: $25,000
OJP Sponsor: OVC

Project Description: OVC will provide funding for a demonstration program on one Indian reservation under federal criminal jurisdiction. The purpose of this program is to provide a coordinated response to crime against the elderly by adapting the Triad program approach to Indian country. Triad is a joint effort of the American Association of Retired Persons, International Association of Chiefs of Police, and the National Sheriffs' Association to build coordinated services for elderly crime victims. Triad combines the efforts and resources of law enforcement, senior citizens and organizations that represent them, and victim assistance providers.

New Programs

Funding for the following programs will be available as noted. For information about individual program solicitations or application kits, check OJP's Website at www.ojp.usdoj.gov or call the National Criminal Justice Reference Service (NCJRS) at 1-800/851-3420.

Tribal Court Initiative
Grantee: Competitive
FY99 Funding: $5 million
OJP Sponsor: Bureau of Justice Assistance (BJA)

Eligibility: Federally recognized Indian tribes

Project Description: BJA will assist tribal governments in the development, enhancement, and continuing operation of tribal justice systems. These grants will be competitive, based upon the extent and urgency of the need of each applicant, and will be supported with an extensive array of technical assistance. Once a formal plan is submitted to Congress, further information will be made available by BJA. Check BJA's Website at www.ojp.usdoj.gov/BJA/ for information as it becomes available or call the BJA Clearinghouse toll-free at 1-800/688-4252 to be added to the mailing list for program announcements.

Construction of Detention Facilities in American Indian and Native Alaskan Communities Discretionary Grant Program
Grantee: Limited competition based on appropriations language
FY99 Funding: $34 million
OJP Sponsor: Corrections Program Office (CPO)

Eligibility: To Be Determined

Project Description: The Construction of Detention Facilities in American Indian and Alaska Native Communities Discretionary Grant Program has $34 million available in FY 1999 to construct jails on tribal lands for the incarceration of offenders subject to tribal jurisdiction. CPO will administer this discretionary grant program in accordance with the Congressional Appropriations Committee Report and the Attorney General's priorities.

STOP Violence Against Indian Women Discretionary Grant Program
Grantees: See Below
FY99 Funding: $7 million total, divided as follows: $5 million (approximately 50 grants in amounts ranging from $84,000 to $100,000) for federally recognized tribal governments that received grants in FY 1995 and 1997; and $2 million (approximately 20 grants in amounts from $84,000 to $100,000) awarded competitively to other federally recognized tribal governments
OJP Sponsor: Violence Against Women Office (VAWO)

Project Description: The program's primary purpose is to reduce violence against Indian women. The program assists tribal governments to develop and strengthen the response of tribal justice systems to violence committed against Indian women. The program encourages tribal governments to develop and implement effective strategies tailored to address their unique circumstances in preventing and responding to violent crimes against Indian women, and to develop and enhance services provided to Indian women who are victims of domestic violence, sexual assault, and stalking. The application kit was distributed in January 1999. Training and technical assistance also will be provided to tribal grantees. This program also is described briefly in Chapter 4, Combating Family Violence.

Native American Pass-Through Formula Grants Program
Grantees: Native American/Native Alaskan organizations and programs
FY99 Funding: To Be Determined
OJP Sponsor: OJJDP

Project Description: The Juvenile Justice and Delinquency Prevention Act specifies that a proportion of each state's Juvenile Justice and Delinquency Prevention formula grant be made available to fund programs for Indian tribes. The Native American Pass-Through Program provides funds to Indian tribes to perform law enforcement functions pertaining to the custody of children. Areas receiving funding include police efforts to prevent, control, or reduce crime and delinquency; apprehension of criminal and delinquency offenders; and activities of adult and juvenile corrections, probation, or parole authorities. Additionally, Indian tribal grantees must comply with three mandated requirements of the Act: grantees may not detain status offenders in secure detention or correctional facilities, detain or confine juveniles in any institution where they have contact with adult prisoners, or detain or confine juveniles in adult jails or lockups. For more information, contact your state juvenile justice specialist listed on OJJDP's Website at www.ojjdp.ncjrs.org.

Circles of Care Program
Grantee: Center for Mental Health Services
FY99 Funding: To Be Determined
OJP Sponsor: OJJDP

Project Description: The Circles of Care Program is a cooperative agreement between OJJDP and the Center for Mental Health Services (CMHS) of the Substance Abuse and Mental Health Services Administration (SAMHSA). The program will serve Native Americans with mental health and substance abuse treatment needs by funding six to eight sites for three years to plan and develop systems of care for American Indian youth who are seriously emotionally disturbed and/or substance abusers. Grantees will plan, develop, and implement a system of care that achieves outcomes developed by American Indian, Alaskan Native, or urban nonprofit organizations serving populations of American Indian or Alaskan Native youth.

Title V Program: Prevention Incentive Grants for Tribal Youth
Grantee: Competitive
FY99 Funding: $10 million
OJP Sponsor: OJJDP

Eligibility: Federally recognized Indian tribes

Project Description: This program provides funds for comprehensive delinquency prevention, control, and system improvement programs for tribal youth who have had or are likely to have contact with the juvenile justice system. For FY 1999, Congress appropriated $10 million for delinquency prevention and juvenile justice system improvements for tribal youth. It has not yet been determined how FY 1999 funds will be allocated and awarded. It is anticipated that tribes will apply to OJJDP for funds via a competitive grant selection process. Up to 10 percent of the appropriation, or $1 million, is available for research, evaluation, and statistics projects in support of this program. Training and technical assistance will also be available to tribal communities on risk-focused prevention models and strategies, early intervention strategies, and graduated sanctions programs. Up to 2 percent of the appropriation, or $200,000, is available for this purpose.

Victim Assistance in Indian Country (VAIC) Discretionary Grant Program
Grantee: Competitive
FY99 Funding: $1.028 million (approximately 20 grants from $40,000 to $60,000)
OJP Sponsor: OVC

Eligibility: Federally recognized Indian tribes where federal criminal jurisdiction exists

Project Description: The VAIC program creates permanent, accessible, and responsive victim assistance services in Indian country. It provides funding directly to Indian tribes governed by federal criminal jurisdiction to support the establishment of reservation-based victim assistance programs. The full program description will be included in OVC's FY 1999 Application Kit. More information is available on OVC's Website at www.ojp.usdoj.gov/ovc/.

IHS Medical Forensic Psychologist
Grantee: Interagency Agreement with the Indian Health Service (IHS)
FY99 Funding: $107,393
OJP Sponsor: OVC

Project Description: This program will provide support for a mental health/forensic specialist to conduct forensic interviewing, case tracking, case management, and facilitation of the Child Protection Team for Indian child victims of sexual and physical abuse cases on the Wind River Indian Reservation. In collaboration with the Shoshone and Arapaho Tribes, IHS, and the U.S. Attorney's Office for the District of Wyoming, Shoshone and Arapaho tribal prosecutor's office, FBI Riverton Resident Agency, Wind River Police Department, and BIA Law Enforcement Service, OVC will provide supportive services to child victims whose cases may proceed through either federal or tribal court. Training and support services will also be provided to state and local child protection agencies as needed.

Demonstration Victim Witness Assistance Program In Indian Country
Grantee: Competitive
FY99 Funding: $50,000
OJP Sponsor: OVC

Eligibility: Federally recognized Indian tribes where federal criminal jurisdiction exists

Project Description: OVC will provide funding for a 3-year program to establish a demonstration victim witness assistance program in Indian country. FY 1999 funding will be used solely for a planning grant. Upon successful completion of first-year objectives, funding will be continued for an additional two years. The promising practices developed from this program will be available for replication by other tribes.

Training, Technical Assistance, and Capacity-Building Programs

The following describes both current and new initiatives.

STOP Violence Against Indian Women Technical Assistance
Grantees: Mending the Sacred Hoop Technical Assistance Project, American Indian Law Center, Inc., and Sacred Circle, a project of Cangleska, Inc.
FY99 Funding: $1.2 million
OJP Sponsor: VAWO

Project Description: VAWO will continue to provide technical assistance to all tribes with active STOP grants. All new and continuation grantees are required to attend a series of technical assistance meetings where they receive guidance on developing a detailed implementation plan. All contractors are Native American experts and leaders in their respective tribal communities and/or disciplines. The goal of the STOP Indian program is to build the capacity of grantees to serve as regional experts, as well as to provide advanced experience in program implementation to their peers, demonstrating exemplary approaches tribal grantees are developing to combat violence against Indian women. In addition, specialized intensive training institutes will be offered to both new and continuation grantees, and specialized materials that serve as the basis for training tribal criminal justice personnel will be produced.

Sexual Assault Forensic Training and Equipment
Grantee: Interagency Agreement with the Indian Health Service
FY99 Funding: $100,000
OJP Sponsor: OVC

Project Description: Through an Interagency Agreement with the Indian Health Service (IHS), OVC will provide funding for training and photographic equipment to document forensic exams of child abuse and sexual assault victims at IHS clinics and hospitals in Indian country. The photographic documentation is designed to minimize or prevent transporting Indian child victims, an escort/parent, and an FBI agent or criminal investigator long distances to large urban hospitals in order to conduct and document medical diagnosis of victims in physical or sexual abuse and sexual assault cases. The photographic equipment will enable the attending physician, nurse, or sexual assault nurse examiner (SANE) to properly document medical observations and findings, thus minimizing or avoiding repeated colposcope examinations of child victims. Training sessions will be scheduled for attending physicians, nurses, and SANEs in the proper use, application, and maintenance of the equipment. IHS will seek consultation from the Victim Witness Specialist in the U.S. Attorney's Office for the District of Columbia and the Children's Advocacy Center of the Uniformed Services at the National Naval Medical Center in Bethesda, Maryland.

Telemedicine Pilot Project
Grantee: To Be Determined
FY99 Funding: $50,000
OJP Sponsor: OVC

Eligibility: Tribal governments, tribal organizations, and facilities that provide medical assistance to crime victims in Indian country

Project Description: Through an Interagency Agreement, OVC will provide funding for training and computer software that allows secure/unalterable scanning and transmission of medical and diagnostic images in sexual abuse, physical abuse, and sexual assault cases in Indian country. This project is different from the above in that this project will be made available to selected medical clinics or hospitals that do not have an attending physician onsite or must refer their initial medical observations to an expert for a second opinion. This project is also designed to minimize transporting Indian child victims long distances to urban hospitals in order to conduct and document specialized medical diagnosis of victims in child sexual abuse cases. It will minimize repeated forensic sexual assault medical exams and/or colposcope examinations of victims. The project will seek consultation from the Victim Witness Specialist in the U.S. Attorney's Office for the District of Columbia and the Children's Advocacy Center of the Uniformed Services at the National Naval Medical Center in Bethesda, Maryland.

Mental Health and Social Services Program
Grantee: Interagency Agreement with the Indian Health Service
FY99 Funding: $25,000
OJP Sponsor: OVC

Project Description: In collaboration with the Indian Health Service, OVC will continue support for two training seminars for child protection and multidisciplinary teams in Oklahoma and Billings, Montana. The seminars will focus on child abuse issues and the development of strategies to address these issues.

Tribal and Federal Judges Training
Grantee: University of North Dakota, Tribal Judicial Training Institute
FY99 Funding: $150,000
OJP Sponsor: OVC

Project Description: OVC will continue its program to provide legal education to tribal and federal judges on the adjudication of child sexual abuse cases occurring in Indian country. The program will provide training on federal procedural law involving the Federal Rules of Evidence, the Federal Rules of Criminal Procedures, and the Major Crimes Act. Issues of prosecutorial discretion and relevant tribal law regarding child abuse cases will also be covered. This program includes a scholarship component for travel by tribal judges to attend other OVC-sponsored conferences and training workshops on crime victim issues.

Juvenile Justice Training and Technical Assistance for Native American/Native Alaskan Communities
Grantee: American Indian Development Associates, Inc.
FY99 Funding: $300,000
OJP Sponsor: OJJDP

Project Description: This program provides training and technical assistance for Native American and Native Alaskan jurisdictions on improved management, information systems, data collection and analysis, assessment, and planning. In addition, this

Indian Nations Conference
Grantee: University of Oklahoma Health Sciences Center
FY99 Funding: $50,000
OJP Sponsor: OVC, OJJDP, and VAWO (with COPS)