Bureau of Indian AffairsOffice of Justice Services

DIVISION OF CORRECTIONS

“IC DETENTION OVERVIEW”

Patricia Broken Leg Brill, Chief of CorrectionsVincente Anchondo, District III Supervisory Correctional

Spc

March 28, 2010 - WNA

Statutory Authority

BIA, OJS has the responsibility to provide criminal justice remedial actions, correctional and detention services, and rehabilitation in Indian Country per 25 CFR  2802 & PL101-379 (ILERA 1990)

Currently, the PL 111-211, Tribal Law and Order Act, 2010, authorizes accountability and long term detention plan. This will be discussed towards the end of the presentation.

Delegation of Authority

The Deputy Director, BIA, OJS, is delegated the responsibility for the development of a corrections program, development of policies & standards, and management of all BIA Corrections & Tribal Corrections under the PL 93-638, as amended, 25 USC 450.

The responsibility of BIA Division of Corrections is delegated to the Deputy Director of Operations whom reports to the Director of Office of Justice Services.

The Associate Director of Corrections reports to the Deputy Director of Operations.

25 CFR, Subchapter B-Law & Order, Part 10, INDIAN COUNTRY DETENTION FACILITIES &

PROGRAMS 25 CFR, Subchapter B- Law & Order, Part 10, Indian Country

Detention Facilities & Programs, identifies the importance of adherence to policies and standards.

BIA Corrections is responsible for development & implementation of policies to all BIA Detention Programs, as well as accountability for all BIA Direct Services Programs, Tribal Jails, PL 93-638, and Self-Governance Programs throughout Indian Country.

BIA Corrections is also charged with the responsibility to ensure that detention services are available in accordance with policy which fosters a safe, secure, and humane environment to facilitate rehabilitation. 

History - Indian Country Detention 1968-1979: Law Enforcement Administration Assistance. IC detention facilities built

with LEAA grants. established to reduce crime & strengthen criminal justice system.

1980: Planning of New Institutions (PONI). PONI Planning Teams, comprised of Assiniboine & Sioux, Cheyenne River Sioux, Colville Confederated Tribes, Gila River Indian Community, Mississippi Band of Choctaws, Navajo Nation-Chinle, Crownpoint, Kayenta, Shiprock &Tuba City, Oglala Sioux Tribe, Pima-Maricopa Indian Community, Sac & Fox & Ute Mountain Ute Tribes.

1990: Indian Law Enforcement Reform Act, PL 101-279. Under the authority of 25 CFR 2802, gave the BIA the responsibility to provide Law Enforcement services in Indian Country, including detention on approximately 56 million acres of Indian Country in 35 states.

1995: The Hollyman Report . A comprehensive study and assessment of existing Indian Country detention facilities which noted replacement versus renovation costs, floor plans and narratives.

1996: Bureau of Indian Affairs Detention Standards. The adults & juvenile detention standards was published in addition to the Adult, Juvenile and Inmate Handbooks.

History - IC Detention (con’t)

1996: DOJ Bureau of Justice Assistance Grant . Grants for correctional facilities on tribal lands-23 American Indian & Alaska Native communities are recipients of the grants.

April 1997: NIC Jail Administrator’s Meeting. The NIC Jails Division hosted the 1st Indian country jail administrators meeting in Albuquerque, NM. 54 participants from jails throughout IC. The network continued with 2 meetings per year sponsored by NIC.

August 1997: Presidential Directive on Law Enforcement in Indian Country. An Executive Committee is established to provide AG & DOI of an analysis & options for law enforcement improvements in Indian country.

October 1997: Final Report to the Attorney General & the Secretary of the Interior. US Attorney’s office held tribal consultations in Indian country on law enforcement. 205 of 332 tribes (62%) participated. 2 OPTIONS: A) Consolidate the 3 major law enforcement programs under the line authority of OLES, with technical assistance and training provided by US DOJ; B) Transfer all 3 major law enforcement BIA programs to the Department of Justice.

June 3, 1998: ASIA Testifies Before SCIA. Re: lack of adequate detention facilities, their generally decrepit conditions, the problems in maintaining & staffing the jails, and lack of juvenile facilities, which resulted in placement of juveniles in adult facilities..

History - IC Detention (con’t)

1998: BIA OLES Direct Line Supervision. Established purusant to the1997 Executive Committee report on law enforcement in Indian Country.

1998: Attorney General Janet Reno’s Statement to SCIA. “Tribal law enforcement agencies are understaffed and under funded, lacking uniform police, criminal investigators, and detention staff…… Indian jails are severely inadequate & antiquated. Most Indian Country jails are in such poor condition that they are out of compliance with contemporary building codes and professional jail standards.”

1998 &1999: US DOJ/BJA – Jails in Indian Country. Findings of surveys of 69 IC jail highlights: IC facilities held 1,621 inmates in custody. In June 1999-8147 offenders were held & 7,744 were discharged.

1999: BIA Detention Specialist Positions. 3 DS positions were established to begin oversight of IC detention programs.

October 2001: IACP takes a position - ‘Improving Safety in Indian Country”. IACP recommended federal government should immediately & permanently increase funding it provides for tribal justice systems, including detention facilities, and the federal agencies that complement their work; and revisit the proposal to move funding and oversight of Indian country law enforcement from DOI to US DOJ.

History - IC Detention (con’t) 2001: US DOJ Bureau of Justice Assistance Partners w/ NIJ. To

provide technical assistance to tribes receiving grants for new facilities on tribal lands. JPI became contractor providing the TA to grant awardees.

March 2004: BIA Direct Line Authority for Detention. DivCor established.

April 2004: OIG Interim Report on IC Detention Facilities. Highlights deplorable conditions existing in some IC facilities including deaths, suicides, attempted suicides, escapes and other officer safety issues.

September 17, 2004 “Neither Safe Nor Secure”. OIG inspectors visited 27 sites. The assessment found evidence of a continuing crisis of inaction, indifference, and mismanagement throughout the BIA detention program. 25 recommendations were identified in the OIG report.

History - IC Detention (con’t)

In hindsight….

Various components of Indian Criminal Justice systems has been assessed repeatedly over the decades.

Grants of all types have been available to Indian Country since the ‘70s as well as recommendations; however, the focus on one component of the CJ system and never a comprehensive approach.

Due to the 2004 Jail Report…

25 Recommendations by OIG - Required the Division of Corrections to perform specific monitoring of a number of initiatives, and presently continues to monitor and provide reports with respect to the 25 recommendations.

Most Notable Changes: Due to an emphasis on staffing analysis, Indian Country saw an increase in staffing levels, US DOJ received more funds to build detention facilities; Detention became a division under OJS and funding was separated.

Division of Corrections Management Expanded: From the 3 positions established in 1999, management now includes an Associate Director of Corrections and a Chief of Corrections as well as senior management staff at the Albuquerque office as well as the District level.

BIA DIVISION OF CORRECTIONSExecutive & Senior Staff Today

CENTRAL OFFICE WDC & ABQCarla Flanagan, Associate Director of Corrections

Patricia Broken Leg Brill, Chief of Corrections

ABQ Staff:

Dorothy Fulton Keith Elliottt Warren LeBeau Garrick Declay Alex Escarcega

DISTRICT 1SCS VacantSCPS HutchinsonLEA Diana Fleury

DISTRICT 2, 4 & 6SCS James BegaySCPS VacantLEA B Gachupin

DISTRICT 3SCS Vincente AnchondoSCPS VacantLEA Jaki Baha Alchesay

DISTRICT 5SCS Deirdre WilsonSCPS VacantLEA Connie Wilkie

BIA Office of Justice Services

Darren Cruzan, Director

Office of Justice Services Today Operations – Division of Corrections; Police

Operation; Drug Enforcement Tribal Court Services Professional Standards – Training & Internal Affairs Highway Safety Administrative Services

BIA DIVISION OF CORRECTIONSDistrict III/Western Region – Phoenix, Az

District III – Western Region Corrections

Vincente Anchondo, Supervisory Correctional Specialist

Vacant, Corr Supvy Correctional Spec.

Jaki Baha-Alchesay, Law Enforcement Assistant

Hopi Agency Eastern Nevada Uintah & OurayEastern Nevada

OJS Division of Corrections

Patricia Broken Leg Brill, Chief of Corrections-ABQ

Indian Country Detention Today 94 detention programs nationwide 20 BIA Programs - Employs 332 + staff

2 BIA Transport Ops - Employs 4 transport staff

46 PL 93-638 17 Self-Governance 6 Tribal operations Construction: WMAT, Yankton, Standing Rock,

CRIT, Navajo, Pascua Yaqui & more expected as more tribes apply for DOJ planning grants.

Successes 2004-Present Division of Corrections created Corrections specific training &

conferences More certified/trained staff Site & Sound Separation Separation of detention funds Separate PL 93-638 Detention

Contracts Improved 648 contract monitoring &

negotiations Partnerships w/Tribes: MC, Yakama,

OST, CRST, SRPMC, San Carlos Decrease in completed suicides Improved SIR reporting Improving Inspection Scores Contingency/Emergency Plans Partners: NIC, DOJ, JPI, Pacific, CEC,

OFMC, BIE, OFDT, etc 50+ Detention Svc Contracts

BIA DIVISION OF CORRECTIONSDistrict III/Western Region – Phoenix, Az

District III – Western Region Corrections

Vincente Anchondo, Supervisory Correctional Specialist

Vacant, Corr Supvy Correctional Spec.

Jaki Baha-Alchesay, Law Enforcement Assistant

Hopi Agency Eastern Nevada Uintah & OurayEastern Nevada

OJS Division of Corrections

Patricia Broken Leg Brill, Chief of Corrections-ABQ

Contracted Beds –D3 Historical

District 3 TodayWNA Contracts 2010 &

2011 Pershing County Humboldt County Washoe County Mineral County Lyon County Upcoming: Douglas County

Challenges-Contracted Detention Services for WNA Resources: there are no transport officers thus tribal

police conduct all transports. Located various regions of Nevada thus distance

becomes the key issue for the northern tribes. Programming: the county facilities do not offer

programming due as they are short term jails. Sentenced inmates are often transferred to Eastern Nevada Detention.

Funding: Corrections receives only 5 million annually to cover the cost of contracted detention services for all of Indian Country while the demand for beds increases.

The Future – Tribal Law & Order Act Signed into Law July 29, 2010 Requires long term plan for

juvenile detention, treatment centers & alternatives to detention.

Allows for construction of tribal justice centers.

Requires implementation of alternatives to incarceration.

Requires funds for construction of regional detention centers.

Requires enhancement of juvenile delinquency prevention programs.

The Future….

Responding to TLOA requirements.

Finalizing the newly developed Indian Country Detention Standards.

Continually assess unmet needs…all aspects.

On-going Challenges for all of IC

STAFFING LEVELS TRANSPORTS MEDICAL CARE FOR INMATES REPAIR OR REPLACEMENT OF AGING FACILITIES INCREASING REQUESTS FOR DETENTION BEDS PROGRAMMING EDUCATION FOR JUVENILES TRAINING NATION WIDE DATA BASE & DATA COLLECTION BUDGET SUPPORT

Family,Community:Hospitals, SocialServices, Schools, etc.

Police

Tribal Leaders

Prosecutors

Success heavily depends on partnerships, coordination &

collaborative efforts

Detention Program Operation

Courts

Federal Govt

QUESTIONS?

THANK YOU!!