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Tribal Law and Order Act
Overview of the Law’s Impact on Tribal Youth
and Discussion on Juvenile Detention Centers
with Laura Ansera, Tribal Youth Coordinator
and Sarah S. Pearson, Tribal Youth Justice Fellow
ojjdp.gov
Introduction
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As 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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ojjdp.gov
TLOA Overview – Impact on Youth
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Section 211(b) – Long-term Plan for Tribal
Detention Programs
 Developed 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.”
ojjdp.gov
TLOA Overview – Impact on Youth
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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.
ojjdp.gov
TLOA Overview – Impact on Youth
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Section 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.
ojjdp.gov
TLOA Overview – Impact on Youth
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Section 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.
ojjdp.gov
TLOA Overview – Impact on Youth
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Section 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 Overview – Impact on Youth
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Section 246 – Tribal Youth Program
 Amends OJJDP Title V Incentive grants
program authorization
 Adds 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
Feedback from Tribal Nations on Detention
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Featured in the Long Term Plan
 Incarceration 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 communitybased 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.
ojjdp.gov
Challenges for JDCs?
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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.
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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
More feedback from the Field
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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?
ojjdp.gov