BJS: Bureau of Justice Statistics

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Home | Corrections | Special populations | Jails in Indian Country
Jails in Indian Country
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Beginning in 1998, the Survey of Jails in Indian Country (SJIC) is an annual survey (excluding 2005 and 2006) that collects detailed information on confinement facilities, detention centers, jails, and other facilities operated by tribal authorities or the Bureau of Indian Affairs (BIA). Information is gathered on inmate counts, movements, and facility operations and staff. In selected years (1998, 2004, and 2007) additional information is collected on facility programs and services, such as medical assessments and mental health screening procedures, inmate work assignments, counseling, and educational programs.

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Terms & Definitions

Indian country Statutory term that includes all lands within an Indian reservation, dependent Indian communities, and Indian trust allotments (18 U.S.C. § 1151). Courts interpret § 1151 to include all lands held in trust for tribes or their members. See United States v. Roberts, 185 F.3d 1125 (10th Cir. 1999). Tribal authority to imprison American Indian offenders is limited to one year per offense by statute (25 U.S.C. § 1302), a $5,000 fine, or both.
 
Indian country jails Indian country adult and juvenile detention centers, jails, and other correctional facilities operated by tribal authorities or the Bureau of Indian Affairs (BIA), U.S. Department of the Interior.
 
Tribal jurisdiction Tribal law enforcement agencies act as first responders to both felony and misdemeanor crimes. For most of Indian country, the federal government provides felony law enforcement concerning crimes by or against Indians. Certain areas of Indian country are under Public Law 83-280, as amended. P.L. 280 conferred jurisdiction on certain states over Indian country and suspended enforcement of the Major Crimes Act (18 U.S.C. § 1153) and the General Crimes Act (18 U.S.C. § 1152) in those areas. Indian tribes retain concurrent jurisdiction to enforce laws in Indian country where P.L. 280 applies.
 
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