ojjdp.gov

TLOA

Tribal Law and Order ActTribal Law and Order ActOverview of the Law’s Impact on Tribal Youthand Discussion on Juvenile Detention Centers

with Laura Ansera, Tribal Youth Coordinatorand Sarah S. Pearson, Tribal Youth Justice Fellow

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ojjdp.gov

TLOA

IntroductionIntroductionAs mandated by TLOA, the Departments of

Justice and the Interior developed, in consultation with tribal leaders and tribal justice professionals, a long term plan to address incarceration and alternatives in Indian country.

A Tribal Justice Plan (plan to plan) was released for public comment and accepted by Congress.

This session will first review major points of TLOA impacting tribal youth and open a discussion with the audience regarding recommendations within the Tribal Justice Plan for juvenile detention centers and what T/TA and programmatic needs may occur as a result.

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TLOA

TLOA Overview – Impact on TLOA Overview – Impact on YouthYouthSection 211(b) – Long-term Plan for

Tribal Detention ProgramsDeveloped by the Dept. of the Interior

(BIA) in coordination with the DOJ (OJP) and in consultation with tribal leaders.

This is a plan for how the Fed Gov’t will work with tribes.

Plan provides opportunities for continued discussion re: “construction, operation and maintenance of juvenile…and adult detention facilities (including regional facilities) in Indian country.”

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TLOA

TLOA Overview – Impact on TLOA Overview – Impact on YouthYouth

Section 213 – Establishment of assistant for each United States Attorney district to serve as a tribal liaison.

Tribal liaison duties include developing multidisciplinary teams to combat child abuse & domestic/sexual offenses against Indians and trainings for law enforcement.

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TLOA

TLOA Overview – Impact on TLOA Overview – Impact on YouthYouthSection 235 – Indian Law and Order

Commission◦Strengthening tribal JJ and the Federal

JJ system as it relates to Indian country.◦Looking at the effect of tribal JJ

systems and related programs in preventing juvenile crime, rehabilitating Indian youth in custody, and reducing recidivism among Indian youth.

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TLOA

TLOA Overview – Impact on TLOA Overview – Impact on YouthYouthSection 241 – Indian Alcohol and Substance Abuse◦ Develop & enter a Memorandum of Agreement

(MOA) w/HHS and DOI. Under MOA – 12 responsibilities include the development

of a model juvenile code.◦ Upon individual tribal request, develop tribal

specific action plans. ◦ AG now has co-equal responsibility for

implementation of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986.

Section 241(g)(1) – Indian Alcohol and Substance Abuse, Juvenile Detention◦ Develop a long term plan for the construction,

renovation, and operation of Indian juvenile detention and treatment centers and alternatives to detention for juvenile offenders.

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TLOA

TLOA Overview – Impact on TLOA Overview – Impact on YouthYouthSection 244 – Tribal Jails Program

◦AG must submit to Congress a "long-term plan to address incarceration in Indian country” to include construction, operation and maintenance of juvenile.

◦Funding for grants to tribes for construction & maintenance of IC detention facilities, contracts for private construction, developing alternatives to incarceration, construction of multi-purpose tribal justice centers, and regional detention centers operated by tribal consortia.

ojjdp.gov

TLOA

TLOA Overview – Impact on TLOA Overview – Impact on YouthYouthSection 246 – Tribal Youth ProgramAmends OJJDP Title V Incentive grants

program authorizationAdds grant program authorization for

grants to federally-recognized tribes and tribal consortia for tribal delinquency prevention and response programs

Increases authorization of approps to $25M.

Amends OJJDP authorization to add member to JJ Coordinating Council appointed by Senate Indian Affairs Committee Chair

ojjdp.gov

TLOA

Feedback from Tribal Nations on Feedback from Tribal Nations on DetentionDetention Featured in the Long Term PlanIncarceration should be a last resort.Tribes should build holistic, community-based

alternatives to incarceration.A focus on the Tribal Justice Plan should be the

development of a continuum of the best community-based interventions and institutional placement for individual offenders.

Many tribal nations do not have the resources to develop a robust and coordinated correctional system.

Many jails in IC have not been upgraded since they were built.

Federal partners play a vital role in improving corrections systems, including facilities in IC.

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TLOA

Challenges for JDCs?Challenges for JDCs?Featured in the Long Term Plan Programming in juvenile detention

facilities should address the educational, cultural, emotional, physical and spiritual needs of juveniles, but…◦ Programming and resources for tribal youth in

both the federal and the tribal systems are clearly lacking.

A stable academic environment with a curriculum that meets state standards may equip juvenile inmates to successfully transition back into their schools, but …◦ Current funding levels in BIE for ed services in

JDCs are critically inadequate.

ojjdp.gov

TLOA

More feedback from the FieldMore feedback from the Field Ensure tribal jails comply with JJDP core requirements

and on ADA standards for inmate classification, health services, sanitation, preventative maintenance, discipline, grievance procedures, offender services and activities, staffing and others.

Include juvenile detention and treatment. Inventory existing funding and technical assistance resources for tribal youth across federal agencies; and develop training for community coalitions to support tribal juvenile detention facilities. Support regional partnerships with state and local entities to contract for bed space to improve capacity and sustainability.

Develop data-driven, comprehensive programming. Develop and implement evidence-based reentry

programs that include risk assessment. Research tools for case management plans. More federal halfway houses on tribal lands to keep

members connected to community and family.

How is all of this important to you?