OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Juvenile Detention, Alternatives
and Reentry in Indian Country
Presented by
Walter Lamar, President/CEO
Ray Perales, Director of Juvenile Justice Services
Lamar Associates
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Introduction
 TLOA mandates that the Departments of Justice (DOJ) and
the Interior (DOI) develop, in consultation with Tribal Leaders
and tribal justice professionals, a long term plan to address
incarceration and the alternatives to incarceration in Indian
country.
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Legislative Mandate
 TLOA requires the Secretary of the Interior (section
211(b)(5)) and the Attorney General (section 244(d)) to
collaboratively develop the plan. In addition, it requires
DOI and DOJ to consult with Tribal Leaders and tribal
justice officials in the development of the plan.
Specifically, the law states that the Departments of
Justice (DOJ) and Interior (DOI) shall submit to Congress
a long term plan to address incarceration in Indian
country that includes alternatives to incarceration.
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Introduction
 In October 2010, DOI hosted a series of six regional tribal
consultations in San Diego, CA (October 12); Billings, MT
(October 14); Albuquerque, NM (October 20); Prior Lake, MN
(October 12) Oklahoma City, OK (October 26); and Miami, FL
(October 28) to seek input about TLOA generally, including
the Tribal Justice Plan.
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Introduction
 In coordination with the Tribal Justice, Safety and
Wellness Sessions, consultations were held by DOJ and
DOI with the Department of Health and Human
Services, the Department of Housing and Community
Development, the Small Business Administration and
the Corporation for National and Community Service.
 Additional Focus Groups were in Rapid City, SD (April 1920); Scottsdale, AZ (May 10 & 12); and Billings, MT (May
16-17).
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Key Recommendations

Develop a system of alternatives to incarceration.

Make alternative interventions culturally specific to individual Nations.
Include after school and summer programs for tribal youth as part of crime
prevention strategy.

Ensure that tribal jails comply with standards on such issues such as 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.
DOJ Long Term Plan to Build and Enhance Tribal Justice Systems
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Recommendations (continued)
 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.
DOJ Long Term Plan to Build and Enhance Tribal Justice Systems
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Alternatives to Incarceration
 Alternatives to incarceration generally include programs,
services or supervision that permit an individual to remain
within the community, with effective mechanisms in place to
ensure public safety.
 Focus on rehabilitation (education, vocational training,
and behavioral change) rather than on retribution.
 Keep offenders connected to their families and
communities, and support pro-social development.
 Conserve resources, both economically and practically;
for example, alternative programs can save limited bed
space for violent offenders.
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Alternatives
 Indian Country Juvenile Justice Systems are poorly
equipped to handle the amount of cases presented in
juvenile court each year.
 In 2004, the Office of the Inspector General identified 72
adult and juvenile facilities located in Indian Country. Of
the 72 facilities, 24 were found to be over 30 years old;
20 were found to be 20-30 years old; 14 were 10-20
years old and 14 were under 10 years old. 64% of the
facilities in 2004 were nearing the end of their life cycle.
U.S. Department of the Interior, Office of Inspector General, Interim Report: Indian Country Detention
Facilities (Washington, DC: 2004)
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Challenges
 Juveniles have unique needs requiring special
programming and services, as well as security.
 A full range of medical, mental, dental, pharmaceutical
and recordkeeping services must be provided to the
juvenile population, which is supported by established
policies and procedures. These services should include,
at a minimum, initial screening, complete examinations,
emergency care, health education programs, etc.
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Challenges (continued)
 There exists a lack of best practices material in the areas of
criminal justice case management, alternative practices and
effective operations.
 Utilizing traditional settlement dispute resolution methods
and integrating it with a modern comprehensive justice
system model.
 There is a lack of training to provide basic knowledge of
culture and tradition, socio-economics, technology, tribal
structure, and basic understanding of jurisdictional issues.
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Challenges (continued)
 Challenges to acquiring knowledgeable and skilled
workers often impacts tribal readiness and capability to
address youth needs, problems, and issues.
 There has generally been unwillingness among tribe,
state and federal agencies to practice good
communication, cooperation, and information and
resource sharing contributing to a lack of sustainability
for programs.
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Proposed Strategies
 Intergovernmental Collaborations with Federal, State, and Local
Partners.
 Strategic Planning to Assist Tribal Justice Systems in Assessing
Programming Needs.
 Addressing Risks for Criminogenic Behavior to Prevent Recidivism
After Release.

This includes expanded use of risk/needs assessments
 Educational programs for juveniles should be coordinated between
the Bureau of Indian Education) and public schools to encourage
and maintain ties with school programs and funding.
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Proposed Strategies
 Identification and use of evidenced-based practices.

Evidence-based practices emphasize that certain developmental steps
must precede others: for example, offenders must be first assessed for
risk and then for need before they can be effectively managed.
 Support for Effective Information Management Systems.

Detention planning and effective case management must be based on
adequate data. Information management must include an ongoing
process of identifying, measuring, and reporting key operational
processes and functions.
 Collaborating and providing outcome and quality assurance
support to local service providers enhances interagency
understanding and service credibility.
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Proposed Strategies
 Routinely measure staff practices (attitudes,
knowledge, and skills) that are considered related to
outcomes. This will assist in identifying and
developing relevant training programs based on
actual need.
 Treatment, particularly cognitive-behavioral types,
should be applied as an integral part of the
sentence/sanction process.
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Juvenile Reentry
 Reentry is a process of using “programs targeted at
promoting the effective reintegration of offenders back to
communities upon release from incarceration which is
intended to assist offenders in acquiring the life skills needed
to succeed in the community and become law abiding
citizens.”
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Challenges to Reentry in Indian Country
 As noted in a recent report by the Urban Institute, “a critical
challenge in handling youth in the federal system is the lack of
residential facilities close to the communities of the offenders,”
and “such distances likely hamper sustained contact with vital
social supports necessary for successful transition back to the
community once confinement ends.

Adams, William and Samuels, Julie et al. February 2011. Tribal Youth in the Federal
Justice System. Washington, DC: Urban Institute Justice Policy Center, pp. 20-22.
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Tribal Juvenile Detention Centers
 The U.S. Department of the Interior, Bureau of Indian
Affairs (BIA) Tribal Juvenile Detention Centers Directory (FY
2010–2011) identifies a total of 20 operating tribal juvenile
detention centers (TJDCs) in Indian Country, as well as 2
TJDCs as not opened, 2 as under construction, and 1 as
under modification plans.
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
 The current 20 operating TJDC facilities are funded by
the following: BIA (2), PL 93-638 Contract (11), selfgovernance (5), and tribal programs (2). The
identification of the funding source for TJDC facilities is
important to note, as the funding source (1) regulates
policies, procedures, hiring, facilities compliance, and
programming guidelines and (2) either serves as the
catapult for a strong TJDC reentry program or is the
primary challenge for TJDC facilities in developing and
sustaining a successful reentry program for exiting tribal
youth.
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
 Although TJDC facilities are built and staffed, many
have no program dollars attached; and therefore,
they are dependent on Indian Health Services and
other community partners to provide essential
educational and behavioral health services. As
such, services range from inadequate to robust
depending on what the community has to offer.
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Proposed Strategies
 Ensure quality of services by providing adequate and
frequent training for reentry staff and allied service agencies,
program partners and stakeholders.
 High-level support for cross-agency and cross-cultural
training should occur at least annually among the tribal, state
and federal justice agencies to discuss tribal reentry issues,
needs and solutions.
 Assess reentry programming and policy needs to inform
program design, development and implementation strategies
to support adult and youth returning from long-term
confinement.
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Proposed Strategies
 Conduct Jail Reentry Needs Assessments: An
important first step is for tribes to assess their
reentry programming and services needs for youth.
 Conduct planning sessions with federal, tribal, state
and local practitioners to design and implement
tribal reentry plans that enable the collection of
data needed to evaluate needs, target populations,
program effectiveness, and resources.
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OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
TRIBAL YOUTH PROGRAM
Proposed Strategies
 Develop Culturally Relevant Training Curricula, Tools, and
Guides for non-Indian facility staff, and contracting facilities.
 Develop Multilevel Funding Approaches: Funding from
multiple governmental and non-governmental sources is
needed to support tribal reentry, including federal, tribal,
state and local agencies.
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