Tribal Criminal Jurisdiction Over Non-Indians:
Violence Against Women Reauthorization Act of 2022
Implementing Tribes
This is a map of Tribes who have implemented criminal jurisdiction over non-Indians - some have implemented Violence Against Women Act (VAWA) 2013 and others have implemented the expanded VAWA 2022 jurisdiction. A number of the tribes are part of the Intertribal Technical Assistance Working Group (ITWG) which is a voluntary working group of Tribal representatives who may exchange views, information, and advice, peer-to-peer, about how Tribes may best implement VAWA 2022 Special Tribal Criminal Jurisdiction (STCJ). This includes discussions on how to combat domestic violence, dating violence, sexual violence, obstruction of justice, and assaults against tribal justice personnel. The ITWG also addresses the need to recognize victims’ rights and safety needs, and safeguard defendants’ rights.
Implementing Tribes Chart
The Implementation Chart (below) shows Tribes that have implemented VAWA 2013 Special Domestic Violence Criminal Jurisdiction (VAWA SDVCJ), VAWA 2022 Special Tribal Criminal Jurisdiction (VAWA STCJ), and may be utilizing the Bureau of Prisons Program. Many of these Tribes are also currently accessing Tribal Jurisdiction federal funding through the Office on Violence Against Women (OVW).
The hyperlink for each Indian Tribe is connected to each Tribe's code. If your Tribe has implemented VAWA STCJ or any of the below information is incorrect, please email TribalVAWA@TLPI.org with updates so we can update the Implementation Chart.
Resources
Enhanced Sentencing Authority: Tribal Law and Order Act (2023)
Enhanced Tribal Authority Series – Enhanced Sentencing Authority: Tribal Law and Order Act is a companion publication providing an overview of enhanced sentencing authority under the Act, an examination of possible benefits and challenges of implementing that authority, a review of the Bureau of Prisons Tribal Prisoner Program, examples of tribal code implementing provisions, and additional enhanced sentencing authority and Tribal Law and Order Act resources. This publication is part of a two-part series on enhanced tribal authority. The other publication discusses Tribal Criminal Jurisdiction over Non-Indians under the 2022 Reauthorization of the Violence Against Women Act.
Tribal Criminal Jurisdiction over Non-Indians: Violence Against Women Act Reauthorization of 2022
This publication provides general guidance to assist Tribes in making an informed decision concerning the possible exercise of Tribal criminal jurisdiction over non-Indians. Considerations for exercising criminal jurisdiction over Non-Indians are examined including both the benefits and challenges of exercising criminal jurisdiction over non-Indians. Information is provided concerning the experiences of the implementing Tribes and the role of the Intertribal Technical-Assistance Working Group (ITWG). Extensive information is provided concerning resources available to Tribes interested in exercising this jurisdiction. This publication is part of a two-part series on enhanced Tribal authority, the other publication will discuss Tribal Law and Order Act enhanced sentencing authority.
Violence Against Women Act (VAWA) 2013 Five-Year Report (2018)
In March of 2018, NCAI released a Five-Year Report on VAWA 2013's Special Domestic Violence Criminal Jurisdiction. This report summarizes the implementation of VAWA 2013’s landmark provision and analyzes its impacts in the 5 years since it was enacted. This examination of the Tribes’ early exercise of SDVCJ suggests that VAWA 2013 has been a success. As Congress intended, the law has equipped Tribes with the much-needed authority to combat the high rates of domestic violence against Native women, while at the same time protecting non-Indians’ rights in impartial, Tribal forums.
Violence Against Women Act (VAWA) 2013 Pilot Project Report (2016)
The Reauthorization of Violence Against Women in 2013 created the Pilot Project, which comprised of five Tribes the Confederated Tribes of the Umatilla Indian Reservation, Pascua Yaqui Tribe, Tulalip Tribes of Washington, Assiniboine and Sioux Tribes of Fort Peck, and the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation in North Dakota. These Tribes exercised the Special Domestic Violence Criminal Jurisdiction, which restored their partial power to criminally prosecute non-Indians for domestic violence offenses. The Pilot Project Report provides a brief account of the activities during the Pilot Project period from February 2014 – March 2015 and shares recommendations for next steps.