tribal law and order act of 2010 - university of...
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2010 Tribal Law and Order ActImplications For Justice Systems in Indian Country
Rural Health Forum – December 2010
Hopi Tewa Women’s Coalition to End Abuse
TLOA Background15 Senate Committee on Indian Affairs (SCIA)Hearings were held (2007 – 2010), 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.
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
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.
Key Provisions of the TLOATitle I: Federal Accountability & Coordination
Title III: Empowers Tribal Justice Systems
Title IV: Program Reauthorizations
Title V: IC Crime Data Collection & Information Sharing
Title VI: Domestic Violence & Sexual Assault
Investigation, Prosecution & Prevention
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
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.
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.
Section 301• Enhances deputization of tribal police officers to enforce Federal
law violations in Indian Country – Special Law Enforcement
Commissions.
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.
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.
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.
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).
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.
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).
Section 605• Requires IHS Director to establish and implement standardized
protocols on the handling of all aspects of sexual assault cases in
Indian Country.
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.
Preliminary Research Objectives1. 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?
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.
Dennis K. Burke, United States Attorney District of ArizonaIssued 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 onTribal 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.
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
District of Arizona cont….Declination PolicyNo oral federal declinations. Written declinations must include reason in sufficient detail for tribal prosecutor to understand. Declination letter must go to case agent andtribal prosecutor. Prosecution decision must be made within 30 days of receipt of report from case agent. Decision options include charge, decline, OR identifymissing evidence/weak elements and direct case agent to take specific steps to shore up insufficient evidence.
Thank You!
Dorma L. Sahneyah, Executive Director
Hopi TewaWomen’s Coalition to End Abuse
(928) 737-9000 (ofc)
(928) 737-9191 (fax)