Resources: Code Development

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Resources, Implementation Planning

The Nottawaseppi Tribe (NHBP) documented their process of implementing Special Domestic Violence Criminal Jurisdiction (SDVCJ), and created valuable materials to plan for SDVCJ implementation.

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• NHBP SDVCJ Federal Requirements Checklist Table

  • This document lays out the federal requirements of SDVCJ, and leaves rooms for implementing Tribes to note how their code currently stacks up, as well as what additional work needs to be done. ​

• NHBP SDVCJ Implementation Timeline ​

  • ​The Tribe created this document to keep track of important developments, and map out their plan for implementation with discrete steps on a specific timeline. 

• NHBP Report/Manual on SDVCJ Implementation ​

  • The Tribe created this document to serve as a historical record on the adoption of SDVCJ, the development of supporting programs, and to share detailed information with other Native Nations on the process NHBP went through in adopting SDVCJ. This document also contains recommendations for other Tribes, and copies of documents, codes, rules, tools, and templates, used by NHBP.​

 

Resources, generally 

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• National Indian Law Library

  • Find Tribal Law Materials by Tribe: http://narf.org/nill/triballaw/index.html?_open=1​

• ​Draft Tribal Code Development Checklist prepared by the Inter-Tribal Working Group to assist Tribes as they implement VAWA

• The application questionnaires of the five approved pilot Tribes include sample Tribal code language for implementing VAWA

 

Resources, Tribal Law and Policy Institute

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• Tribal Legal Code Resource: Crimes Against Children​​

  • Guide for Drafting or Revising Tribal Laws on Crimes against Children is designed to provide a process for enacting a culturally-appropriate criminal code that addresses the victimization of tribal children. Content covered in this publication includes the effects of violence on children, protections for child victims during the criminal process, summaries of existing Tribal criminal code provisions, and considerations for approaching Tribal code development. This Guide is an update to a previous publication on this topic released in 2008.​

  • Please note that this code resource has not yet been updated to reflect VAWA 2022

• Tribal Legal Code Resource: Tribal Laws Implementing TLOA Enhanced Sentencing and VAWA Enhanced Jurisdiction

  • ​Guide for Drafting or Revising Tribal Laws to Implement TLOA Enhanced Sentencing and VAWA Enhanced Jurisdiction is designed to provide guidance for Native nations interested in implementing enhanced sentencing under the Tribal Law and Order Act and/or the special domestic violence criminal jurisdiction under the 2013 Violence Against Women Act. (Updated 2016)

  • Please note that this code resource has not yet been updated to reflect VAWA 2022

• Tribal Legal Code Resource: Sexual Assault and Stalking Laws

  • Guide for Drafting or Revising Victim-Centered Tribal Laws Against Sexual Assault and Stalking is designed to assist Native nations interested in developing or revising victim-centered laws on sexual assault and stalking. This resource includes sample language and exercise questions designed to guide discussion on what laws will best reflect Tribal values. Originally published in 2008, this resource was revised and updated to reflect innovations in tribal law and new federal requirements. (2017)​

  • Please note that this code resource has not yet been updated to reflect VAWA 2022

• Tribal Domestic Violence Courts and Tribal Domestic Violence Dockets

  • ​Tribal Domestic Violence Courts and Tribal Domestic Violence Dockets - Guide for Development of a Tribal Victim-Centered Specialized Court or Docket to More Effectively Address Domestic Violence Cases. Tribal Domestic Violence Courts are specialized courts comprised of judges, court staff and a multi-disciplinary core case team highly trained in the power and control dynamics of domestic violence and focused on victim safety and batterer accountability. Domestic Violence Dockets are specialized docket days with judges and court personnel trained in dynamics of domestic violence and enhanced security measures. This unique resource was drafted to guide Native nations through a series of exercises resulting in a Tribal domestic violence court or docket specifically designed by the tribe to address the domestic violence issues in a particular tribal community.

  • Please note that this code resource has not yet been updated to reflect VAWA 2022

• Tribal Legal Code Resource: Victim's Rights, Condensed Guide for Drafting Tribal Victim's Rights Codes

  • Victim’s Rights, Condensed Guide for Drafting Tribal Victim’s Rights Codes is designed to assist Tribal governments with the development of victim right’s codes. This resource was written with the belief that tribal governments have the ability to draft victim right’s laws centered on their Tribal beliefs that convey compassion for those harmed by crime and the importance of protecting the rights of victims, and to prevent revictimization.​

• Tribal Legal Code Resources: Guide for Drafting of Revising Tribal Juvenile Delinquency and Status Offence Laws​

  • ​This publication is designed to assist Tribal governments with creating, re-evaluating, and strengthening their juvenile codes. This resource was written and updated with the belief that tribal governments are increasingly reassuming responsibility for their youth and are determined to ensure Native youth benefit from responsible guidance. Overall, it was developed to provide a starting point for tribal governments to reference when drafting or revising statutory language pertaining to juvenile offenses. (2022 update)

• Tribal Legal Code Resource: Civil Dependency and Related Laws​

  • This publication is intended to be used by Tribal leaders in the course of drafting new or amended Tribal statutory provisions related to child dependency laws. (2017)​

• Tribal Legal Code Resource: Guide for Drafting or Revising Tribal Laws Against Domestic Violence​

  • Guide for Drafting or Revising Tribal Laws Against Domestic Violence is designed to offer suggestions on how Tribal laws can be drafted in a way that provides safety and support for the survivors of domestic violence. (2015)​

  • Please note that this code resource has not yet been updated to reflect VAWA 2022

• Tribal Legal Code Resource: Model Tribal Sex Offender Registration Code-Ordinance​

  • ​It must be emphasized, however, that this document is intended to serve only as a guide, and to provide information that each tribe should consider as it determines how to comply with SORNA. Tribes need to determine how they are going to substantially implement SORNA in order to ascertain the need to pass a Sex Offender Registration Code. Tribes need not pass this code/ordinance in order to comply with SORNA. However, this document does state what is legally required for compliance with SORNA Implementation. Additionally, it is recommended that tribes use this Code only as a starting point. SORNA implementation is unique to each jurisdiction and adoption of a sex offender code should reflect the unique laws, processes, population, land and traditions of each Tribe. This document also includes notes highlighted in bolded text that are intended to provoke tribal leaders to consider other relevant issues as they meet to discuss any potential code/ordinance development. Further, submission of a Code to the SMART Office is only part of the necessary submission for substantial implementation review. Please contact the SMART Office for additional materials to assist with your work towards implementation.

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Federal Domestic Violence Statutes and Offenses 

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• Domestic Violence Offenses

  • Interstate domestic violence – 18 U.S.C. § 2261

  • Interstate stalking and cyberstalking – 18 U.S.C. § 2261(A)

  • Interstate violation of a protection order – 18 U.S.C. § 2262

  • Domestic assault by an habitual offender – 18 U.S.C. § 117

• Firearms Offenses

  • Possession of firearm while subject to order of protection – 18 U.S.C. § 922(g)(8)

  • Transfer of firearm to person subject to order of protection – 18 U.S.C. § 922(d)(8)

  • Possession of firearm after conviction of misdemeanor crime of domestic violence – 18 U.S.C. § 922(g)(9)

  • Transfer of firearm to person convicted of misdemeanor crime of domestic violence – 18 U.S.C. § 922(d)(9)

• Other Relevant Statutes

  • Full Faith and Credit – 18 U.S.C. § 2265

  • Bureau of Indian Affairs arrest authority – 25 U.S.C. § 2803(3)

  • Right of victim to be heard at bail hearing – 18 U.S.C. § 2263

  • Rights of crime victims – 18 U.S.C. § 3771(a)

  • Restitution – 18 U.S.C. § 2264

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