On July 29, President Obama signed into law the Tribal Law and Order Act, legislation that takes a comprehensive approach to addressing the shortfalls in fighting crime in Indian Country.
The House passed the legislation last week (see AIR post published last week); and the Senate approved it on June 24, 2010.
Jefferson Keel, president of the National Congress of American Indians, was among the many — tribal leaders, federal lawmakers, advocates, tribal law enforcement personnel and others — that attended the signing ceremony.
Keel said in NCAI press release issued yesterday: “Today, by enacting the Tribal Law and Order Act, President Obama and the United States government reaffirmed its federal trust responsibility to work with tribal nations to strengthen our governments, our people and our communities. We will use the tools in the Tribal Law and Order Act to crack down on crime and make our communities safer.”
As highlighted in the NCAI press release, the law’s major provisions include:
o Evidence Sharing and Declination Data: Requires federal prosecutors to maintain data on criminal declinations in Indian country, and to share evidence to support prosecutions in tribal court.
o Tribal Court Sentencing: Increases tribal court sentencing authority from 1 to 3 years imprisonment where certain constitutional protections are met.
o Federal Testimony: Requires Federal officials who work in Indian country to testify about information gained in the scope of their duties to support a prosecution in tribal court.
o Tribal Police Access to Criminal History Records: Many tribal police have no access to criminal history records. The bill will provide tribal police greater access to criminal history databases that provide them with essential information when detaining or arresting a suspect.
o Improves transparency in Public Safety spending by the BIA, and requires greater consultation on the part of the BIA to tribal communities on matters affecting public safety and justice.
o Increased sexual assault training and standardized protocols for handling sex crimes, interviewing witnesses, and handling evidence of domestic and sexual violence crimes in Indian country.
o Increases recruitment and retention efforts for BIA and Tribal Police.
o Expands training opportunities for BIA and tribal police to receive training at State police academies, and tribal, state, and local colleges – where Federal law enforcement training standards are met.
o Increases Deputizations of Tribal and State Police to Enforce Federal Law: Enhances Special Law Enforcement Commission program to deputize officers to enforce federal laws on Indian lands.
o Authorizes deputization of Special Assistant U.S. Attorneys to prosecute reservation crimes in Federal courts, and encourages Federal Courts to hold cases in Indian country.
o Authorizes the Drug Enforcement Agency to deputize tribal police to assist on reservation drug raids.
o Programmatic Reauthorizations: The bill will reauthorize and improve existing programs designed to strengthen tribal courts, police departments, and corrections centers – as well as programs to prevent and treat alcohol and substance abuse, and improve opportunities for at-risk Indian youth.
Everything contained in this bill is what I as a Tribal Prosecutor did on the Cheyenne River Sioux Indian Reservation to strengthen Tribal Courts. I was the first Special Assistant US Attorney, gained tribal control over funding via the 638 contract to the prosecutor's office, developed a good working relationship with the Federal law enforcement, got state crime lab and evidence into tribal court in the first murder case prosecuted in a tribal court since Crow Dog, created a women's shelter and Healthy Nations youth project. I am so happy to hear that 15 years later after I drafted a memo to the US attorney that someone has picked up the ball passed it into law almost verbatim to the memo. OHHH HAAA! Eric Reed Tribal Prosecutor CRST 1993 -1996.
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