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Senate Committee on Indian Affairs considers juvenile justice

Thursday, July 16, 2015

Addie C. Rolnick, of the William S. Boyd School of Law at the University of Nevada, and Carla Knapp, the director of Native Services for the Boys and Girls Clubs of America, at Senate Indian Affairs Committee hearing on July 15, 2015. Photo by SCIA / Flickr

The Senate Indian Affairs Committee took testimony on juvenile justice on Wednesday, with witnesses urging major reforms of the current system.

Sen. John Barrasso (R-Wyoming), the chairman of the committee, acknowledged that Congress hasn't paid enough attention to the issue in recent years. But he said recent reports from the Indian Law and Order Commission and the Attorney General's Task Force on American Indian and Alaska Native Children Exposed to Violence underscore the need to take action.

“Indian communities are strong and thriving, but face many challenges and issues," Barrasso said in his opening remarks. "I have heard from many tribal leaders and parents from these communities. None of the issues are more important to them than those affecting their children."

Darren Cruzan, the director of justice services at the Bureau of Indian Affairs, agreed with Barrasso's concerns. Placing young Native Americans in detention facilities is "more harmful than helpful," he said.

Indianz.Com SoundCloud: Senate Indian Affairs Committee Oversight Hearing on "Juvenile Justice in Indian Country: Challenges and Promising Strategies"

"I think tribes have been telling us this for a long time and, fortunately, the federal government is beginning to listen to that," Cruzan observed.

According to the Indian Law and Order Commission, Native youth are held in detention at higher rates and for longer periods of time than any other juvenile population in nation. The Attorney General's Task Force recommended moving away from incarceration except in situations where the juvenile poses a danger to himself or the community.

"It's clear that the current system is failing Native youth," Addie C. Rolnick, a law professor who has studied juvenile justice issues in Indian Country, told the committee.

Rolnick recommended significant changes to existing laws in order to recognize tribal authority over juveniles. She said federal prosecutors should defer to tribes before filing charges against young Native Americans.

Darren Cruzan, the director of justice services at the Bureau of Indian Affairs, at Senate Indian Affairs Committee hearing on July 15, 2015. Photo from SCIA / Flickr

Even for youth outside of Indian Country, Rolnick said the same policy should apply. State and local governments, she argued, do not have the best interests of young Native Americans at heart.

"The overall point is: more tribal control, less incarceration, more healing and empowering tribes to do that," Rolnick said.

Despite the known problems, Congress has consistently reduced support for Indian Country programs at the Department of Justice. Robert Listenbee, the administrator of the Office of Juvenile Justice and Delinquency Prevention, said tribal justice assistance funding fell from $75 million to $35 million in the last five years.

An interior shot of the Juvenile Services Center in Rapid City, South Dakota. Photo by Richie Richards / Native Sun News

Funding for tribal juvenile justice fared even worse. It dropped from $25 million in fiscal year 2010 to just $5 million in fiscal year 2015.

"I think tribes are strapped for resources," said Sen. Heidi Heitkamp (D-North Dakota), expressing concerns about placing more burdens on tribes without providing more money for them to carry out the job. "I think that they are just having a hard time meeting current demand."

The hearing lasted about an hour and 13 minutes. Committee members expected to spend more time on the issue but they were interrupted by a series of votes on the Senate floor.

Committee Notice:
Oversight Hearing on "Juvenile Justice in Indian Country: Challenges and Promising Strategies" (July 15, 2015)

Attorney General’s Advisory Committee on American Indian/Alaska Native Children Exposed to Violence Report:
Ending Violence so Children Can Thrive (November 2014)

Indian Law and Order Commission Report:
A Roadmap For Making Native America Safer (November 2013)