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User:Bertaharjo/Bertaharjo's Tribal Law and Order Act 2010

Tribal law and order code 2010

TRIBAL LAW & ORDER ACT BACKGROUND

Indian reservations nationwide face violent crime rates more than 2.5 times the national rate. Some reservations face more than 20 times the national rate of violence. More than 1 in 3 American Indian and Alaska Native women will be raped in their life tim es, and 2 in 5 will face domestic or partner violence. The Department of Justice has also found that at least 86 per cent of rape and sexual assault perpetrators are non‐Indian.

Federal laws limit the authority of Indian tribes to punish Indian offenders to no more than 1-year imprisonment, and force reservation residents to rely on Federal (and in some cases State) officials to investigate and prosecute violent crimes on Indian lands. However, over the past 5 years, Federal officials have declined to prosecute 50% of alleged violent crimes in Indian country, including 75% of alleged sex crimes against women and children.

Less than 3,000 Bureau of Indian Affairs and tribal police patrol more than 56 million acres of Indian lands. Foreign drug cartels are aware of the lack of police presence on Indian lands and are targeting some reservations to distribute and manufacture drugs.

The Tribal Law and Order Act takes a comprehensive approach at addressing these shortfalls by establishing accountability measures for Federal agencies responsible for investigating and prosecuting reservation crime, and by providing tribes with additional tools to combat crime locally.

Some major provisions include:

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 Tribal Court sentencing: Increases tribal court authority from 1 to 3 years imprisonment where certain constitutional protections are met

Federal Testimony: Requires Federal officials who work in Indian country to testify about information gained in 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

Increased sexual assault training and standardized protocols for handling sex crimes, interviewing witnesses, and 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

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

Authorizes the Drug Enforcement Agency to deputize tribal police to assist on reservation drug raids Increases recruitment and retention efforts for BIA and Tribal Police

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.

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.

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