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U.S. Sentencing Commission continues work of tribal advisory group

Tuesday, August 23, 2016

The USP Tucson, a federal prison in Tucson, Arizona. Photo from Federal Bureau of Prisons

The U.S. Sentencing Commission has formalized the Tribal Issues Advisory Group to continue to look at issues affecting Indian Country.

A panel of tribal and federal experts spent more than a year studying sentencing disparities affecting Indian criminal defendants.. The group's final report, which was made public in June, confirmed that Indian defendants were more likely to be sentenced above federal guidelines than non-Indians in the federal system and were less likely to receive any type of below-range sentence.

But a lack of data hindered efforts to address the reasons for the disparities. Going forward, the TIAG will look at that issue, as well as the use of tribal court convictions in the federal system, Native youth offenders and alternatives to sentencing, Judge Patti B. Saris, who chairs the commission said at a public meeting on August 18.

"We appreciate the contributions of the TIAG to our ongoing discussion," said Saris, who is a federal judge in Massachusetts.

Based on sentencing data from 2003 through 2014, Indian defendants were more likely to be sentenced above federal guidelines than non-Indians in the federal system and were less likely to receive any type of below-range sentence. Chart from Report of the Tribal Issues Advisory Group

The commission also held a public meeting last month to hear more from TIAG. Experts expressed the unique nature of their work and the need to continue to consult with tribes on sentencing matters.

"I think it's important for us to understand that Indian Nations are in a trust relationship with the United States. They are pre-constitutional sovereigns," Judge Ralph R. Erickson, who chaired the group, said at the July 21 meeting. "They have an interest that is unlike anything else that exists in our legal system."

The TIAG will be a standing group with no more than 9 members, according its charter. At least one shall be a tribal court judge and no more than four shall be "at-large" members.

Nominations for the group are due October 24, according to a notice that will be published in the Federal Register on Wednesday.

Forthcoming Federal Register Notice:
Request for Applications; Tribal Issues Advisory Group (To Be Published August 24, 2016)