Tribal law and order bill renewed in Senate

Law | Politics

Monday, April 6, 2009

A bipartisan group of lawmakers last week introduced a comprehensive bill aimed at improving law enforcement in Indian Country.

According to federal government statistics, American Indians and Alaska Natives suffer from the highest crime rates in the nation. Native women, in particular, are more likely to be raped or sexually assaulted than any other racial or ethnic group.

The Tribal Law and Order Act seeks to change course by boosting federal and tribal law enforcement programs. The bill encourages more prosecution of crime in Indian Country, increases penalties for reservation offenders, reauthorizes key funding and establishes consistent protocols to address sexual violence.

"The increase in violence on some reservations is epidemic," said Sen. Byron Dorgan (D-North Dakota), the chairman of the Senate Indian Affairs Committee, last Thursday. "Violence against women is growing and now one in three women on Indian reservations will be a victim of rape or sexual assault during their lifetime."

"That is intolerable and we have to stop it," Dorgan said.

Sen. John Barrasso (R-Wyoming), the vice chair of the Indian committee, is one of four Republican co-sponsors of S.797. He called the legislation an important first step in addressing crime on reservations.

"Through this bill we are sending a strong message that Indian reservations will not be a haven for criminal activity, drug trafficking, gangs, or abuse," Barrasso said in remarks on the Senate floor.

The Indian committee held a series of hearings during the 110th Congress to discuss law enforcement issues. Lawmakers faced opposition from the Bush administration on a key provision to require the Department of Justice to provide data on the number of cases that are declined for prosecution.

According to the committee, federal prosecutors declined to file charges in 62 percent of Indian criminal cases, including 72 percent of child sexual crimes and 75 percent of adult rape cases between 2004 and 2007.

But the political landscape has changed with President Barack Obama in office. During the campaign, he said he would support efforts to strengthen law enforcement on reservations.

Obama was also the only candidate to back restoration of tribal criminal jurisdiction over non-Indians, something which tribes say will help them combat lawlessness. But the issue is extremely controversial on Capitol Hill and isn't addressed in the Tribal Law and Order Act.

According to the committee, the bill will:

• Enhance coordination between the Department of Justice, the Bureau of Indian Affairs , and tribal communities about the investigation and prosecution of Indian country crimes.
• Encourage more aggressive prosecution of reservation crimes at the federal level. Between 2004 and 2007, the United States declined to prosecute 62 percent of Indian country criminal cases referred to federal prosecutors, including 72 percent of child sexual crimes, and 75 percent of adult rape cases
• Encourage more aggressive prosecution of reservation crimes at the federal level. Between 2004 and 2007, the United States declined to prosecute 62 percent of Indian country criminal cases referred to federal prosecutors, including 72 percent of child sexual crimes, and 75 percent of adult rape cases
• Enhance the sentencing authority of tribal courts to punish offenders up to three years imprisonment. Current law limits tribal court sentencing authority to no more than one year for any single offense.
• Expand programs that authorize tribal police to make arrests for all crimes committed on Indian lands, and that provide direct access to national crime databases to arm police with vital criminal history information about suspects.
• Invest in existing programs meant to improve courts, jails, youth programs, and policing efforts in Indian Country.
• Address the epidemic of domestic violence and sexual assault in Indian Country by enhancing training and coordination to aid the investigation and prosecution of crimes of sexual violence.

"Making greater efforts to prosecute reservation crime will require the coordination of tribal, state, and federal authorities," said Sen. John Thune (R-South Dakota), one of the co-sponsors. "This bill is a positive step toward achieving that goal."

Thune led efforts during the 110th Congress to create a $2 billion fund for Indian law enforcement, health and water programs. The Indian committee is seeking $400 million for the fund in fiscal year 2010.

SCIA Press Release:
LEGISLATION WOULD STRENGTHEN LAW & ORDER IN INDIAN COUNTRY (April 3, 2009)