Jails in Indian Country, 2001 (PDF)

U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin May 2002, NCJ 193400 Jails in Indian Country, 2001 By Todd D. Minton BJS Statistician On June 29, 2001, a total of 68 jails, confinement facilities, detention centers, or other correctional facilities were supervising 2,030 persons in Indian country, an increase of 10% from the previous year. At midyear 2000, 1,853 persons were under the supervision of jails in Indian country. Indian country facilities held in custody 1,912 inmates at midyear 2001, up from 1,775 at midyear 2000. Jail authorities also supervised 118 offenders under community supervision programs. New admissions to jail increased from 7,151 in June 2000 to 9,697 in June 2001, a 36% increase. The 68 facilities had a rated capacity to hold 2,101 persons, up 1% since 2000. On June 29, 2001, the jails were operating at 91% of capacity, up from 86% at midyear 2000. On their peak day in June 2001, the 68 jails were operating at 126% of capacity, up from 118% in 2000. The number of inmates in custody on the peak day in June has increased 15% since 1998. Sixteen jails indicated plans that will increase capacity by 623 beds when all changes have been completed. These data are based on the 2001 Survey of Jails in Indian Country (SJIC). The survey includes all jails, confinement facilities, detention centers, and other correctional facilities located in Indian country and operated by tribal authorities or the Bureau of Indian Affairs (BIA). The survey gathers information on the number of persons in custody, the number under community supervision, offender characteristics, and facility capacity. Highlights At midyear 2001 jails in Indian country supervised 2,030 persons Number of inmates, midyear 2001 2000 Total In custody Adult Juvenile Community supervision Admissions, June 1-30 2,030 1,912 1,600 312 118 9,697 1,853 1,775 1,498 277 78 7,151 Percent change 10% 8% 7 13 51% 36% • On June 29, 2001, Indian country facilities held 1,600 adults and 312 juveniles. In the 12 months ending June 29, 2001, the number of inmates in custody increased 8%. • In a 1-month period, June 2001, facilities in Indian country admitted 9,697 inmates, a 36% increase from June 2000. 68 facilities were operating in Indian country, with the capacity to hold 2,101 persons on June 29, 2001 • On June 29, 2001, 68 jails in Indian 2001 2000 1999 1998 country were operating at 91% of Number of inmates capacity. On their peak day in June Midyear 1,912 1,775 1,621 1,479 2001, jails were operating at 126% Peak day in June 2,656 2,441 2,289 2,306 of capacity, up from 118% at midyear Rated capacity 2,101 2,076 2,065 1,945 2000. Percent of capacity occupied* Midyear 91% 86% 78% 76% Peak day in June 126 118 111 119 *Number of inmates in custody divided by rated capacity. • Since 1998, the number of inmates in custody at midyear has increased by 29%, and rated capacity has increased 8%. 16 jails in Indian country funded to undergo expansion, replacement, or renovation • Sixteen facilities have received funding Planned changes under the Correctional Facilities on and funding status Facilities Beds Tribal Lands Discretionary Grant Funded plans* Program to expand, renovate, or close Adult 2 129 an existing facility, or to build a new Juvenile 9 276 facility. When completed, the rated Both 5 390 capacity of all jails will total 2,724, a net Net change 16 623 increase of 623 beds. Other plans 17 774 *Includes facilities funded in part under the Correctional Facilities on Tribal Lands Discretionary Grant Program, administered by the Department of Justice, Office of Justice Programs. • Seventeen facilities have final administrative approval for changes in the next 3 years (but funding is pending). Tribes retain jurisdiction over many crimes by American Indians and Alaska Natives in Indian country Thirty-three States contain around 300 Indian land areas or reservations. Generally, the local governing authority on Indian lands is a tribal government or council. Jurisdiction over crimes in Indian country depends on several factors, including the identity of the victim and the offender, the severity of the crime, and where the crime was committed. (See box on this page.) Tribal authority to sentence offenders is limited to 1 year of imprisonment and a $5,000 fine or both (25 U.S.C. § 1302(7)). Criminal jurisdiction in Indian country Tribal jurisdiction • Crimes committed by Indians in Indian country. Sentences are limited to 1 year and a $5,000 fine per offense or both. 25 U.S.C.
1302(7) Federal jurisdiction • 14 crimes under the Major Crimes Act of 1885. 18 U.S.C.
1153 State jurisdiction • All crimes on tribal lands specified under Public Law 280, 18 U.S.C.
1162 Note: Criminal jurisdiction in Indian country depends on several factors, including the identity of the defendant, victim, type of offense, and where the crime was committed. 91% of confined inmates held for misdemeanors; 10% for DWI/DUI On June 29, 2001, 1,738 inmates were being held for a misdemeanor (regardless of conviction status), up from 1,560 on June 30, 2000. One hundred-thirteen inmates were in jail for a felony, slightly higher than in 2000 (97). One inmate was being held for the Immigration and Naturalization Service for deportation, and 60 for other reasons, including protective custody, detoxification, intoxication, uncontrollable juvenile behavior, pick-up orders, runaway, and pending charges. At midyear 2001, 181 inmates were confined for driving while intoxicated or driving under the influence of alcohol, a 34% decrease from 2000 (274). One hundred-thirty inmates were being held for a drug law violation, down from 133 in 2000. Fourteen percent (259) of jail inmates were undergoing drug or alcohol detoxification. Juveniles account for 16% of inmate population At midyear 2001, Indian country jails held 1,578 adults, 83% males and 17% females. Juveniles (persons under age 18) accounted for 16% of the total custody population. In 2001, nearly a third of the juveniles were females. At midyear 2001, 22 juveniles were being held as adults, up from 14 at midyear 2000. Table 1. Indian country jail inmate characteristics, midyear, 2000 and 2001 Number of persons 2001 2000 2,030 1,853 1,912 1,600 1,366 234 312 212 100 1,062 836 113 1,738 61 181 130 1,775 1,498 1,214 284 277 207 70 1,072 689 97 1,560 71 274 133 At midyear 2001, the rate of incarceration for American Indians was about 19% Locally-operated city or county jails held over 3 times as many American Indians as higher than the overall national rate. Federal and State prison and jail authorijails in Indian country. (American Indians in this report includes Alaska Natives.) At ties held 849 American Indians per midyear 2001, local jails held an estimated 100,000 Indians, compared to 690 persons of all races per 100,000 U.S. 6,000 American Indians, some of whom residents. may have been adjudicated by a tribal criminal justice system and housed in jails Indian country jail population under contract with tribal governments. Overall, State, Federal, local, and tribal rose 8% authorities were supervising 49,673 American Indians. Most were under community At midyear 2001, jails in Indian country supervision (28,387). supervised 2,030 persons, up from 1,853 in 2000. Nearly all (1,912) were held in A total of 21,286, American Indians were jails, with an additional 118 persons being in custody at midyear 2001, most of whom supervised in the community (table 1). were held in State prison (11,419). The number of inmates in custody increased 8% from the previous year, On April 1, 2000, 2,475,956 American when 1,775 inmates were being housed. Indians and Alaska Natives lived in the Persons under community supervision Unites States (U.S. Census Bureau, 2000 increased 51% (118 in 2001 compared to Census of Population and Housing, table 78 in 2000). The number of persons DP-1). American Indians account for required to perform community service under 1% of the U.S. resident population rose from 18 in 2000 to 39 in 2001. and around 1% of those in custody of jails Persons sentenced to day reporting or prisons. increased from 3 in 2000 to 21 in 2001. Number of American Indians and Alaska Natives Total In custody, midyear 2001 Local jails* Jails in Indian country State prisons Federal prisons 49,673 21,286 6,000 1,912 11,419 1,955 Type of supervision Total Electronic monitoring Home detention Community service Day reporting Weekend program Other Number of persons 2001 2000 118 1 0 39 21 52 5 78 0 2 18 3 54 1 Total In custody Adult Male Female Juvenile Male Female Convicted Unconvicted Felony Misdemeanor Other DWI/DUI Drug law violation 28,387 Under community supervision State/Federal, 12/31/00 Probation 23,889 Parole 4,380 Indian country, midyear 2001 118 *Estimated from the 2001 Annual Survey of Jails. On June 29, 2001, jails in Indian country held 1,062 convicted offenders and 836 inmates who were unconvicted or awaiting trial. Fifty-six percent of those jailed in 2001 were convicted, down from 61% at midyear 2000 and 74% in 1999. Under community 118 78 supervision Note: Sac and Fox Nation Juvenile Facility did not report conviction status in 2000 and 2001. 2 Jails in Indian Country, 2001 New admissions to jails in Indian country increased from 7,151 in June 2000 to 9,697 in June 2001, a 36% increase (table 2). Jails reported 169 suicide attempts and 2 deaths Two deaths were reported by jail authorities between July 1, 2000, and June 30, 2001. Both inmates committed suicide. During the 12-month period, 169 inmates attempted suicide, up from 151 in 2000. Since July 1, 1998, the number of inmates attempting suicide (103) each year has increased by 64% (not shown in a table). Nearly half of inmate population held in 10 jails On June 29, 2001, the largest 10 jails in Indian country housed 878 inmates (table 3). Combined, the 10 facilities had a rated capacity to hold 617 inmates, or 29% of the total rated capacity of all facilities in Indian country. Sixty-seven percent (584) of the inmates in the 10 largest jails were confined in 7 facilities in Arizona. Pine Ridge Correctional Facility in South Dakota held 168 inmates, over 7½ times the rated capacity of 22. Three facilities, Hopi Rehabilitation Center, Tohono O'odham Detention Center, and Gila River Department of Corrections and Rehabilitation, each held 100 inmates at midyear 2001. Table 2. Indian country jail inmate admissions and reported suicides Time period June 1-30 New admissions July 1-June 30 Deaths Suicides Other causes Attempted suicides Number of persons 2001 2000 9,697 2 2 0 169 7,151 2 1 1 151 Table 3. Ten largest jails in Indian country, June 29, 2001 Percent of capacity Rated Custody population capacity occupied 878 168 100 100 100 84 75 73 68 57 53 617 22 96 34 112 51 46 45 68 92 51 142% 764% 104 294 89 165 163% 162 100 62 104 Jail facility Total Pine Ridge Correctional Facility (SD) Hopi Rehabilitation Center (AZ) Tohono O'odham Detention Center (AZ) Gila River Department of Corrections and Rehabilitation (AZ) Navajo Department of Corrections-Window Rock (AZ) White Mountain Apache Police Department (AZ) Blackfeet Police Department (MT) Salt River Department of Corrections (AZ) Gila River Juvenile Detention and Rehabilitation Center (AZ) Warm Springs Detention Center (OR) On June 29, 2001, Tohono O’odham Detention Center was running at 3 times its operating capacity. Gila River Department of Corrections and Rehabilitation was operating under its rated capacity (89%). Thirty-nine jails in Indian country housed fewer than 24 inmates on June 29, 2001. Fourteen facilities reported fewer than 10 inmates. Twenty-five facilities held 10 to 24 inmates, 16 facilities held 25 to 49, and 11 facilities held 50 or more inmates. Four facilities each held 100 or more inmates (appendix table 2, page 6). Facility size* Total Number of Percent of facilities all facilities 66 97% Fewer than 10 inmates 14 21% 10 to 24 25 38 25 to 49 16 24 50 or more 11 17 *Based on the custody population on June 29, 2001. Excludes Laguna Tribal Police Detention facility and the Chemawa Indian School, which were closed on June 29, 2001. Table 4. Jails in Indian country operating above 150% of capacity on the peak day during June 2001 Peak Percent of population Rated capacity in June capacity occupied 1,251 168 80 112 26 23 36 25 45 103 31 55 17 102 24 90 94 42 17 49 73 39 528 22 24 34 8 8 14 10 19 46 14 25 8 51 12 48 51 24 10 30 45 25 237% 764% 333 329 325 288 257 250 237% 224 221 220 213 200 200 188% 184 175 170 163 162 156 Facilities operating above capacity Total, 21 facilities Pine Ridge Correctional Facility (SD) Medicine Root Detention Center (SD) Tohono O'odham Detention Center (AZ) Fort Belknap Police Department (MT) Fort Berthold Agency (ND) Crow Police Department (MT) Navajo Department of Corrections-Kayenta (AZ) Northern Cheyenne Police Department (MT) White Mountain Apache Police Department (AZ) Navajo Department of Corrections-Crownpoint (NM) Navajo Department of Corrections-Chinle (AZ) Taos Tribal Detention Center (NM) Navajo Department of Corrections-Window Rock (AZ) Fort Thompson Jail (SD) San Carlos Jail (AZ) Warm Springs Detention Center (OR) Mescalero Adult Detention Center (NM) Walter Miner Law Enforcement Center-Juvenile (SD) Turtle Mountain Law Enforcement Center (ND) Blackfeet Police Department (MT) Navajo Department of Corrections-Shiprock (NM) Jails in Indian Country, 2001 3 Indian country jails operated at 126% of capacity on peak day in June 2001, up from 118% in 2000 Combined, the 68 facilities had a rated capacity to hold 2,101 persons. Jails in Indian country were operating at 91% of capacity on June 29, 2001, up from 86% at midyear 2000. On their peak day in June 2001, jails were holding 2,656 inmates, and operating at 126% of capacity. Since 1998, the number of inmates has increased by 15% on their peak day in June, while capacity has increased by 8%. 2001 2000 1999 1998 Number of inmates Midyear 1,912 1,775 1,621 1,479 Peak day in June 2,656 2,441 2,289 2,306 Rated capacity 2,101 2,076 2,065 1,945 Small facilities reported the highest occupancy rates Seven facilities with a rated capacity to hold fewer than 10 inmates reported the highest occupancy rates (173%) on their peak day in June 2001. Occupancy was 168% of rated capacity in jails rated to hold 10 to 24 inmates, 127% in jails rated to hold 25 to 49, and 99% of capacity for those rated to hold 50 or more inmates. Percent of capacity occupied on peak day in June 2001 126% 173 168 127 99 Table 5. Court orders, consent decrees, and planned changes for jails in Indian country Number of facilities Under court order/ consent decree Funded construction plans Add new facility Replace facility Expand capacity 13 16 9 5 1 Capacity of facility Total Fewer than 10 inmates 10 to 24 25 to 49 50 or more Expected capacity increase 623 beds 17 Other plans* Capacity increase, if funded 774 beds *Contstruction plans within the next 3 years that have received administrative approval, even though necessary funds have not been authorized. Percent of capacity occupied* Midyear 91% 86% 78% 76% Peak day in June 126 118 111 119 *Number of inmates in custody divided by rated capacity. Facilities under court order or consent decree highest in 3 years Thirteen jails were under court order or consent decree to limit the number of inmates they can house, up from 11 in 2000 (table 5). Ten of those facilities were under multiple court orders or consent decrees. Sixteen jails expect to increase capacity by 623 beds when all planned changes have been completed. Nine new jails will be added to Indian country, five facilities will be replaced, and one will be expanded. These plans have been funded under the Correctional Facilities on Tribal Lands Discretionary Grant Program, which is administered by the U.S. Department of Justice, Office of Justice Programs. In addition, 17 jails report plans for facility changes in the next 3 years that have final administrative approval, even though necessary funds have not been authorized (appendix table 6, page 14). Forty facilities were operating above 100% of capacity in June 2001, up from 30 the previous year (appendix table 2, page 6). Twenty-one jails were operating at over 150% of capacity on their peak day in June 2001, up from 16 in 2000 (table 4). This represents the largest number of jails (15) operating above 150% of capacity on their most crowded day in June since introducing the survey in 1998. Arizona (6) had the most facilities above 150% of capacity, followed by Montana (4), New Mexico (4), South Dakota (4), North Dakota (2), and Oregon (1). Pine Ridge Correctional Facility in South Dakota reported the highest occupancy rate on their peak day in June (764%), up from 391% in 2000. It housed 168 inmates on the peak day in day in June 2001, with a rated capacity to hold 22 inmates. Three other facilities reported operating at over 300%: Medicine Root Detention Center in South Dakota (333%), Tohono O’odham Detention Center in Arizona (329%), and Fort Belknap Police Department in Montana (325%). Appendix table 1. Tribal affiliation of jails in Indian country, by State, 2001 State and facility Alaska Metlakatla Police Department Arizona Colorado River Indian Tribes Detention Center Fort Mohave Tribal Police Department Gila River Department of Corrections and Rehabilitation Gila River Juvenile Detention and Rehabilitation Center Hopi Rehabilitation Center Navajo Department of Corrections-Chinle Navajo Department of Corrections-Kayenta Navajo Department of Corrections-Tuba City Navajo Department of Corrections-Window Rock Pascua Yaqui Law Enforcement Center Peach Springs Detention Center Salt River Department of Corrections San Carlos Jail Supai Jail Tohono O'odham Detention Center Tohono O'odham Judiciary Juvenile Detention Center Western Navajo Juvenile Services White Mountain Apache Police Department Colorado Southern Ute Detention Center Ute Mountain Ute Agency Idaho Fort Hall Police Department Tribal affiliation Metlakatla Indian Community Colorado River Indian Tribes Fort Mohave Indian Tribe Gila River Indian Community Gila River Indian Community Hopi Tribe Navajo Nation Navajo Nation Navajo Nation Navajo Nation Pascua Yaqui Tribe Hualapai, Havasupai, Prescott Apache, and Tonto Apache Salt River Pima-Maricopa Indian Community San Carlos Apache Tribe Supai Tribe Tohono O'odham Nation Tohono O'odham Nation Navajo Nation White Mountain Apache Tribe Southern Ute Tribe Ute Mountain Ute Tribe Shoshone-Bannock Tribe 4 Jails in Indian Country, 2001 Appendix table 1. Continued State and facility Minnesota Red Lake Law Enforcement Services Mississippi Choctaw Police Department Montana Blackfeet Police Department Crow Police Department Flathead Tribal Police Department Fort Belknap Police Department Fort Peck Indian Youth Services Center Fort Peck Police Department Northern Cheyenne Police Department Rocky Boy Police Department White Buffalo Youth Detention Center Nebraska Omaha Tribal Police Department Nevada Owyhee Detention Facility New Mexico Jicarilla Police Department Laguna Tribal Detention Facility Mescalero Adult Detention Center Navajo Department of Corrections-Crownpoint Navajo Department of Corrections-Shiprock Navajo Department of Corrections-Tohatchi Juvenile Center Ramah Navajo Police Department Taos Tribal Detention Center Zuni Police Department North Dakota Fort Berthold Agency Fort Totten Municipal Center Standing Rock Law Enforcement Center Turtle Mountain Law Enforcement Center Oklahoma Sac and Fox Nation Juvenile Detention Facility Oregon Chemawa Indian School Warm Springs Detention Center South Dakota Fort Thompson Jail Klyuska O'Tipi Reintegration Center Medicine Root Detention Center Pine Ridge Correctional Facility Rosebud Sioux Tribe Law Enforcement Sisseton-Wahpeton Sioux Tribal Law Enforcement Center Walter Miner Law Enforcement Center-Juvenile Walter Miner Law Enforcement Facility-Adult Utah Uintah-Ouray Detention Center Washington Chehalis Tribal Police Department Makah Police Department Puyallup Tribal Detention Facility Quinault Police Department Wellpinit BIA Law Enforcement Center Yakama Police Department Wisconsin Menominee Tribal Jail Tribal affiliation Red Lake Chippewa Tribe Mississippi Band of Choctaw Indians Blackfeet Tribe Crow Tribe Confederated Tribes of Salish and Kootenai Gros Ventre and Assiniboine Tribe Assiniboine and Sioux Tribes Assiniboine and Sioux Tribes Northern Cheyenne Tribe Chippewa-Cree Tribe Blackfeet Tribe Omaha Tribal Police Department Shoshone-Paiute Tribes Jicarilla Apache Tribe Laguna Pueblo Mescalero Apache Tribe Navajo Nation Navajo Nation Navajo Nation Ramah Navajo Taos Pueblo Zuni Pueblo Three Affiliated Tribes of Fort Berthold Reservation Spirit Lake Sioux Tribe Standing Rock Sioux Tribe Turtle Mountain Chippewa Tribe Sac and Fox Nation BIA Law Enforcement Services Warm Springs Confederated Tribes Crow Creek Sioux Tribe Oglala Sioux Tribe Oglala Sioux Tribe Oglala Sioux Tribe Rosebud Sioux Tribe Sisseton-Wahpeton Sioux Tribe Cheyenne River Sioux Tribe Cheyenne River Sioux Tribe Northern Ute Tribe Chehalis Indian Tribe Makah Indian Tribe Puyallup Tribe Quinault Tribe Spokane Tribe Confederated Tribes of Yakama Nation Menominee Indian Tribe Wyoming Wind River Police Department Shoshone and Arapahoe Tribe Note: The Lower Brule Law Enforcement Services Center in South Dakota closed on May 20, 2001. The Chemawa Indian School in Oregon is closed each year from May to September. The Laguna Tribal Detention Facility in New Mexico was temporarily closed on June 29, 2001. Jails in Indian Country, 2001 5 Appendix table 2. Inmates, rated capacity, and percent of capacity occupied in jails in Indian country, June 2001 Peak population in Juneb 2,656 7 23 4 109 71 122 55 25 37 102 6 32 75 90 3 112 24 36 103 38 16 21 31 40 73 36 22 26 20 30 45 12 31 25 17 Population on June 29 as a percent of capacityd 91% 0% 50% 50 89 62 104 88 140 56 165 17 37 100 106 0 294 100 69 163 58% 9 84% 96% 100% 162% 86 80 138 106 86 137 67 129 41% 42% Peak population in June as a percent of capacity 126 % 100% 64% 100 97 77 127 220 250 109 200 100 78 110 188 30 329 109 100 224 79% 21 84% 141% 100% 162% 257 110 325 125 136 237 80 129 78% 71% State and facility Total Alaska Metlakatla Police Department Arizona Colorado River Indian Tribes Detention Center Fort Mohave Tribal Police Department Gila River Department of Corrections and Rehabilitation Gila River Juvenile Detention and Rehabilitation Center Hopi Rehabilitation Center Navajo Department of Corrections-Chinle Navajo Department of Corrections-Kayenta Navajo Department of Corrections-Tuba City Navajo Department of Corrections-Window Rock Pascua Yaqui Law Enforcement Center Peach Springs Detention Center Salt River Department of Corrections San Carlos Jail Supai Jail Tohono O'odham Detention Center Tohono O'odham Judiciary Juvenile Detention Center Western Navajo Juvenile Services White Mountain Apache Police Department Colorado Southern Ute Detention Center Ute Mountain Ute Agency Idaho Fort Hall Police Department Minnesota Red Lake Law Enforcement Services Mississippi Choctaw Police Department Montana Blackfeet Police Department Crow Police Department Flathead Tribal Police Department Fort Belknap Police Department Fort Peck Indian Youth Services Center Fort Peck Police Department Northern Cheyenne Police Department Rocky Boy Police Department White Buffalo Youth Detention Center Nebraska Omaha Tribal Police Department Nevada Owyhee Detention Facility Inmates in custodya 1,912 0 18 2 100 57 100 22 14 19 84 1 15 68 51 0 100 22 25 75 28 7 21 21 40 73 12 16 11 17 19 26 10 31 13 10 Rated capacityc 2,101 7 36 4 112 92 96 25 10 34 51 6 41 68 48 10 34 22 36 46 48 76 25 22 40 45 14 20 8 16 22 19 15 24 32 24 6 Jails in Indian Country, 2001 Appendix table 2. Continued Peak population in Juneb 24 25 42 31 39 17 12 17 49 23 37 52 49 30 0 94 24 14 80 168 60 21 17 48 17 2 4 8 12 12 35 41 Population on June 29 as a percent of capacityd 44% 0 113 186 156 57 50 213 94 50% 88 68 100 23% 0% 104 200% 38 188 764 46 77 40 82 59% 13% 33 20 25 90 44 84% Peak population in June as a percent of capacity 52% 114 175 221 156 121 120 213 144 288% 109 104 163 50% 0% 184 200% 44 333 764 92 96 170 107 77% 25% 33 40 100 120 70 95% State and facility New Mexico Jicarilla Police Department Laguna Tribal Detention Facility Mescalero Adult Detention Center Navajo Department of Corrections-Crownpoint Navajo Department of Corrections-Shiprock Navajo Department of Corrections-Tohatchi Juvenile Center Ramah Navajo Police Department Taos Tribal Detention Center Zuni Police Department North Dakota Fort Berthold Agency Fort Totten Municipal Center Standing Rock Law Enforcement Center Turtle Mountain Law Enforcement Center Oklahoma Sac and Fox Nation Juvenile Detention Facility Oregon Chemawa Indian School Warm Springs Detention Center South Dakota Fort Thompson Jail Klyuska O'Tipi Reintegration Center Medicine Root Detention Center Pine Ridge Correctional Facility Rosebud Sioux Tribe Law Enforcement Sisseton-Wahpeton Sioux Tribal Law Enforcement Center Walter Miner Law Enforcement Center-Juvenile Walter Miner Law Enforcement Facility-Adult Utah Uintah-Ouray Detention Center Washington Chehalis Tribal Police Department Makah Police Department Puyallup Tribal Detention Facility Quinault Police Department Wellpinit BIA Law Enforcement Center Yakama Police Department Wisconsin Menominee Tribal Jail Inmates in custodya 20 0 27 26 39 8 5 17 32 4 30 34 30 14 0 53 24 12 45 168 30 17 4 37 13 1 4 4 3 9 22 36 Rated capacityc 46 22 24 14 25 14 10 8 34 8 34 50 30 60 8 51 12 32 24 22 65 22 10 45 22 8 12 20 12 10 50 43 Wyoming Wind River Police Department 16 33 26 62% 127% a Adults and juveniles confined in jail facilities. b Peak population is any day in the month of June in which the custody population of a facility was largest. c Rated capacity is the maximum number of beds or inmates assigned by a rating official to a facility. Excludes temporary holding areas. d Population as a percent of capacity occupied is calculated by dividing the population count of a facility by its rated capacity and multiplying by 100. Jails in Indian Country, 2001 7 Appendix table 3. Adults and juveniles in the custody of jails in Indian country, by gender, June 29, 2001 Number of inmates in custody Adult Juvenile (under age 18) Male Female Total Male Female 1,366 0 8 2 83 0 86 20 13 19 83 0 8 39 42 0 85 0 0 49 23 6 13 13 31 62 6 14 6 0 16 21 8 0 12 10 234 0 5 0 16 0 11 2 1 0 1 0 2 6 9 0 15 0 0 21 5 1 6 5 4 11 4 2 1 0 3 4 0 0 1 0 312 0 5 0 1 57 3 0 0 0 0 1 5 23 0 0 0 22 25 5 0 0 2 3 5 0 2 0 4 17 0 1 2 31 0 0 212 0 4 0 1 43 2 0 0 0 0 1 5 19 0 0 0 19 19 3 0 0 0 1 4 0 1 0 3 10 0 0 1 17 0 0 100 0 1 0 0 14 1 0 0 0 0 0 0 4 0 0 0 3 6 2 0 0 2 2 1 0 1 0 1 7 0 1 1 14 0 0 State and facility Total Alaska Metlakatla Police Department Arizona Colorado River Indian Tribes Detention Center Fort Mohave Tribal Police Department Gila River Department of Corrections and Rehabilitation Gila River Juvenile Detention and Rehabilitation Center Hopi Rehabilitation Center Navajo Department of Corrections-Chinle Navajo Department of Corrections-Kayenta Navajo Department of Corrections-Tuba City Navajo Department of Corrections-Window Rock Pascua Yaqui Law Enforcement Center Peach Springs Detention Center Salt River Department of Corrections San Carlos Jail Supai Jail Tohono O'odham Detention Center Tohono O'odham Judiciary Juvenile Detention Center Western Navajo Juvenile Services White Mountain Apache Police Department Colorado Southern Ute Detention Center Ute Mountain Ute Agency Idaho Fort Hall Police Department Minnesota Red Lake Law Enforcement Services Mississippi Choctaw Police Department Montana Blackfeet Police Department Crow Police Department Flathead Tribal Police Department Fort Belknap Police Department Fort Peck Indian Youth Services Center Fort Peck Police Department Northern Cheyenne Police Department Rocky Boy Police Department White Buffalo Youth Detention Center Nebraska Omaha Tribal Police Department Nevada Owyhee Detention Facility Total 1,600 0 13 2 99 0 97 22 14 19 84 0 10 45 51 0 100 0 0 70 28 7 19 18 35 73 10 16 7 0 19 25 8 0 13 10 8 Jails in Indian Country, 2001 Appendix table 3. Continued Number of inmates in custody Adult Juvenile (under age 18) Male Female Total Male Female 8 0 21 21 35 0 5 16 21 3 23 22 24 0 0 30 13 0 41 157 15 13 0 30 12 1 4 4 2 8 14 31 14 3 0 6 5 4 0 0 1 6 1 4 7 4 0 0 11 5 0 4 11 9 3 0 7 1 0 0 0 1 1 1 3 0 9 0 0 0 0 8 0 0 5 0 3 5 2 14 0 12 6 12 0 0 6 1 4 0 0 0 0 0 0 0 7 2 2 4 0 0 0 0 5 0 0 5 0 3 2 0 8 0 7 3 10 0 0 4 0 4 0 0 0 0 0 0 0 3 1 0 5 0 0 0 0 3 0 0 0 0 0 3 2 6 0 5 3 2 0 0 2 1 0 0 0 0 0 0 0 0 4 1 2 State and facility New Mexico Jicarilla Police Department Laguna Tribal Detention Facility Mescalero Adult Detention Center Navajo Department of Corrections-Crownpoint Navajo Department of Corrections-Shiprock Navajo Department of Corrections-Tohatchi Juvenile Center Ramah Navajo Police Department Taos Tribal Detention Center Zuni Police Department North Dakota Fort Berthold Agency Fort Totten Municipal Center Standing Rock Law Enforcement Center Turtle Mountain Law Enforcement Center Oklahoma Sac and Fox Nation Juvenile Detention Facility Oregon Chemawa Indian School Warm Springs Detention Center South Dakota Fort Thompson Jail Klyuska O'Tipi Reintegration Center Medicine Root Detention Center Pine Ridge Correctional Facility Rosebud Sioux Tribe Law Enforcement Sisseton-Wahpeton Sioux Tribal Law Enforcement Center Walter Miner Law Enforcement Center-Juvenile Walter Miner Law Enforcement Facility-Adult Utah Uintah-Ouray Detention Center Washington Chehalis Tribal Police Department Makah Police Department Puyallup Tribal Detention Facility Quinault Police Department Wellpinit BIA Law Enforcement Center Yakama Police Department Wisconsin Menominee Tribal Jail Wyoming Wind River Police Department Total 11 0 27 26 39 0 5 17 27 4 27 29 28 0 0 41 18 0 45 168 24 16 0 37 13 1 4 4 3 9 15 34 14 Jails in Indian Country, 2001 9 Appendix table 4. Inmates in jails in Indian country, by conviction status and seriousness of the offense, June 29, 2001 Number of inmates in custody Conviction status Seriousness of offense Convicteda Unconvicted Felony Misdemeanor Otherb 1,062 0 7 1 91 56 92 0 0 5 28 0 5 18 46 0 49 20 24 62 26 4 836 0 11 1 9 1 8 22 14 14 56 1 10 50 5 0 51 2 1 13 2 3 113 0 0 1 0 39 0 0 0 0 0 0 1 0 20 0 0 0 3 0 0 0 1,738 0 18 1 100 18 100 22 14 19 84 1 14 68 31 0 100 22 22 75 26 7 61 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 State and facility Total Alaska Metlakatla Police Department Arizona Colorado River Indian Tribes Detention Center Fort Mohave Tribal Police Department Gila River Department of Corrections and Rehabilitation Gila River Juvenile Detention and Rehabilitation Center Hopi Rehabilitation Center Navajo Department of Corrections-Chinle Navajo Department of Corrections-Kayenta Navajo Department of Corrections-Tuba City Navajo Department of Corrections-Window Rock Pascua Yaqui Law Enforcement Center Peach Springs Detention Center Salt River Department of Corrections San Carlos Jail Supai Jail Tohono O'odham Detention Center Tohono O'odham Judiciary Juvenile Detention Center Western Navajo Juvenile Services White Mountain Apache Police Department Colorado Southern Ute Detention Center Ute Mountain Ute Agency Idaho Fort Hall Police Department Minnesota Red Lake Law Enforcement Services Mississippi Choctaw Police Department Montana Blackfeet Police Department Crow Police Department Flathead Tribal Police Department Fort Belknap Police Department Fort Peck Indian Youth Services Center Fort Peck Police Department Northern Cheyenne Police Department Rocky Boy Police Department White Buffalo Youth Detention Center Nebraska Omaha Tribal Police Department Nevada Owyhee Detention Facility 19 2 0 21 0 7 26 27 7 15 0 7 13 16 1 31 2 9 14 14 46 5 1 11 10 6 10 9 0 11 1 2 0 0 0 0 0 6 5 0 0 0 0 0 19 40 73 12 16 11 11 14 26 10 31 7 10 0 0 0 0 0 0 0 0 0 0 0 6 0 10 Jails in Indian Country, 2001 Appendix table 4. Continued Number of inmates in custody Conviction status Seriousness of offense Convicteda Unconvicted Felony Misdemeanor Otherb 17 0 25 6 0 0 1 16 25 2 12 29 28 / 3 0 2 20 39 8 4 1 7 2 18 5 2 / 0 0 0 0 0 0 0 1 1 0 1 3 0 12 20 0 27 26 39 8 5 12 31 4 25 31 28 0 0 0 0 0 0 0 0 4 0 0 4 0 2 2 State and facility New Mexico Jicarilla Police Department Laguna Tribal Detention Facility Mescalero Adult Detention Center Navajo Department of Corrections-Crownpoint Navajo Department of Corrections-Shiprock Navajo Department of Corrections-Tohatchi Juvenile Center Ramah Navajo Police Department Taos Tribal Detention Center Zuni Police Department North Dakota Fort Berthold Agency Fort Totten Municipal Center Standing Rock Law Enforcement Center Turtle Mountain Law Enforcement Center Oklahoma Sac and Fox Nation Juvenile Detention Facility Oregon Chemawa Indian School Warm Springs Detention Center South Dakota Fort Thompson Jail Klyuska O'Tipi Reintegration Center Medicine Root Detention Center Pine Ridge Correctional Facility Rosebud Sioux Tribe Law Enforcement Sisseton-Wahpeton Sioux Tribal Law Enforcement Center Walter Miner Law Enforcement Center-Juvenile Walter Miner Law Enforcement Facility-Adult Utah Uintah-Ouray Detention Center Washington Chehalis Tribal Police Department Makah Police Department Puyallup Tribal Detention Facility Quinault Police Department Wellpinit BIA Law Enforcement Center Yakama Police Department Wisconsin Menominee Tribal Jail 0 48 2 10 10 15 10 13 4 8 3 0 0 4 2 1 22 27 0 5 22 2 35 153 20 4 0 29 10 1 4 0 1 8 0 9 0 0 0 10 1 0 2 0 0 1 0 1 0 0 2 0 0 1 0 53 18 2 44 168 28 16 4 6 13 0 4 4 1 9 22 32 0 0 6 0 0 0 0 1 0 30 0 0 0 0 0 0 0 3 Wyoming Wind River Police Department 8 8 0 15 1 /Not reported. a Includes probation and parole violators with no new sentence. b Other includes one inmate being held for the Immigration and Naturalization Service for deportation, and 60 for other reasons, including, protective custody, detoxification, driving while intoxicated, public intoxication, uncontrollable juvenile behavior, pick-up orders, runaway, and pending charges. Jails in Indian Country, 2001 11 Appendix table 5. Inmates in jails in Indian country with a DWI/DUI offense or a drug violation or in detoxification, June 29, 2001 Inmates in custody Number Percent Drug In detoxiDrug offense ficationb DWI/DUIa offense 130 0 0 0 0 5 88 0 0 0 0 0 0 / 0 0 / 0 1 3 0 0 0 0 0 0 0 0 3 0 0 1 0 0 0 4 259 ... ... ... ... 0 ... ... ... 19 23 ... 0 ... 4 ... ... ... 1 ... ... ... 2 6 0 ... ... ... 5 ... ... 26 ... 6 8 ... 9% 0% 6% 0 0 7 2 18 14 5 4 0 0 3 25 0 0 0 0 9 93% 14 0% 24% 0% 7% 8 0 18 18 5 12 10 0 0% 30% 7% 0% 0% 0 0 9 88 0 0 0 0 0 0 0 0 0 0 0 4 4 0% 0 0% 0% 0% 0% 0 0 27 0 0 4 0 0 0% 40% State and facility Total Alaska Metlakatla Police Department Arizona Colorado River Indian Tribes Detention Center Fort Mohave Tribal Police Department Gila River Department of Corrections and Rehabilitation Gila River Juvenile Detention and Rehabilitation Center Hopi Rehabilitation Center Navajo Department of Corrections-Chinle Navajo Department of Corrections-Kayenta Navajo Department of Corrections-Tuba City Navajo Department of Corrections-Window Rock Pascua Yaqui Law Enforcement Center Peach Springs Detention Center Salt River Department of Corrections San Carlos Jail Supai Jail Tohono O'odham Detention Center Tohono O'odham Judiciary Juvenile Detention Center Western Navajo Juvenile Services White Mountain Apache Police Department Colorado Southern Ute Detention Center Ute Mountain Ute Agency Idaho Fort Hall Police Department Minnesota Red Lake Law Enforcement Services Mississippi Choctaw Police Department Montana Blackfeet Police Department Crow Police Department Flathead Tribal Police Department Fort Belknap Police Department Fort Peck Indian Youth Services Center Fort Peck Police Department Northern Cheyenne Police Department Rocky Boy Police Department White Buffalo Youth Detention Center Nebraska Omaha Tribal Police Department Nevada Owyhee Detention Facility Inmates in custody DWI/DUIa 1,912 0 18 2 100 57 100 22 14 19 84 1 15 68 51 0 100 22 25 75 28 7 21 21 40 73 12 16 11 17 19 26 10 31 13 10 181 0 1 0 0 4 2 4 2 1 3 0 0 2 13 0 / 0 0 7 26 1 0 5 0 5 1 0 2 3 1 3 1 0 0 3 In detoxificationb 14% ... ... ... ... 0 ... ... ... 100 27 ... 0 ... 8 ... ... ... 4 ... ... ... 10% 29% 0% ... ... ... 45 ... ... 100 ... 19 62% ... 12 Jails in Indian Country, 2001 Appendix table 5. Continued Inmates in custody Inmates in custody DWI/DUIa 20 0 27 26 39 8 5 17 32 4 30 34 30 3 0 4 2 3 1 0 4 4 4 4 4 2 Number Drug offense 0 0 2 0 0 0 0 0 7 0 0 1 1 In detoxificationb ... 0 ... 11 ... ... 3 ... 1 2 15 12 5 Percent Drug offense 0% 0 7 0 0 0 0 0 22 0% 0 3 3 In detoxificationb ... 0 ... 42 ... ... 60 ... 3 50 % 50 35 17 State and facility New Mexico Jicarilla Police Department Laguna Tribal Detention Facility Mescalero Adult Detention Center Navajo Department of Corrections-Crownpoint Navajo Department of Corrections-Shiprock Navajo Department of Corrections-Tohatchi Juvenile Center Ramah Navajo Police Department Taos Tribal Detention Center Zuni Police Department North Dakota Fort Berthold Agency Fort Totten Municipal Center Standing Rock Law Enforcement Center Turtle Mountain Law Enforcement Center Oklahoma Sac and Fox Nation Juvenile Detention Facility Oregon Chemawa Indian School Warm Springs Detention Center South Dakota Fort Thompson Jail Klyuska O'Tipi Reintegration Center Medicine Root Detention Center Pine Ridge Correctional Facility Rosebud Sioux Tribe Law Enforcement Sisseton-Wahpeton Sioux Tribal Law Enforcement Center Walter Miner Law Enforcement Center-Juvenile Walter Miner Law Enforcement Facility-Adult Utah Uintah-Ouray Detention Center Washington Chehalis Tribal Police Department Makah Police Department Puyallup Tribal Detention Facility Quinault Police Department Wellpinit BIA Law Enforcement Center Yakama Police Department Wisconsin Menominee Tribal Jail DWI/DUIa 15 % 0 15 8 8 13 0 24 13 100 % 13 12 7 14 0 53 24 12 45 168 30 17 4 37 / 0 0 2 0 14 5 0 2 1 15 / 0 0 0 0 4 4 1 0 0 0 ... ... 2 6 ... 35 ... 25 2 0 30 / 0% 0 8% 0 31 3 0 12 25 41 / 0% 0 0% 0 9 2 3 0 0 0 ... ... 4 25 % ... 78 ... 83 12 0 81 13 1 4 4 3 9 22 9 0 0 1 1 0 0 0 1 0 0 1 0 1 0 ... ... ... ... 0 1 69 % 0% 0 25 33 0 0 0% 100 % 0 0 33 0 5 0% ... ... ... ... 0 5 36 5 1 3 14 % 3% 8% Wyoming Wind River Police Department 16 1 1 ...Not applicable, facility does not detoxify confined persons from drugs or alcohol. /Not reported. a Includes driving while intoxicated and driving while under the influence of drugs or alcohol. b Includes inmates in detoxification for drugs or alcohol. 6 6% 6% 38 % Jails in Indian Country, 2001 13 Appendix table 6. Planned changes to jails in Indian country and projected capacity when completed Capacity added, replaced or under renovation Other plansb Funded plansa Number of Type of Number of beds construction beds 795 24 50 105 30 120 100 Adult Juvenile Adult 41 Juvenile Mixed Mixed 25 24 24 68 Juvenile Juvenile Mixed 116 45 10 20 36 Juvenile Juvenile 15 24 32 46 22 8 34 Juvenile 60 100 8 38 24 50 8 Mixed Juvenile 50 16 60 140 36 64 12 20 12 Juvenile Mixed 16 30 18 36 64 38 24 32 36 36 24 24 68 30 120 100 774 Projected capacity when funded plans have been completed 2,724 24 50 217 State and facility All facilities Alaska Kenai Native Association Adult Detention Centerc Arizona Chinle Youth Correctionsc Gila River Department of Corrections and Rehabilitation Peach Springs Detention Center Peach Springs Juvenile Detention Centerc Salt River Department of Corrections San Carlos Jail Tohono O’odham Detention Center Michigan Sault Ste. Marie Juvenile Detention Centerc Minnesota Red Lake Juvenile Work Campc Red Lake Law Enforcement Services Mississippi Choctaw Police Departmentd Montana Blackfeet Police Department Crow Police Department Fort Peck Indian Youth Services Center Northern Cheyenne Juvenile Detention Centerc Rocky Boy Police Department Nevada Owyhee Detention Facility Owyhee Shoshone Paiute Juvenile Facilityc New Mexico Jicarilla Police Department Laguna Tribal Detention Facility Taos Tribal Detention Center Zuni Police Department North Dakota Fort Berthold Juvenile Detention Facilityc Standing Rock Law Enforcement Center Oregon Chemawa Indian School South Dakota Lower Brule Law Enforcement Services Centerd Oglala Sioux Tribe Adult Correctional Centerc,e Rosebud Sioux Tribe Law Enforcement-Juvenilec Washington Colville Adult/Juvenile Justice Centerc Makah Police Department Puyallup Tribal Detention Facility Quinault Police Department Rated capacity, 6/29/01 2,101 112 41 68 48 34 22 40 45 14 16 15 24 Note: Lower Brule Law Enforcement Services Center was closed but is expected to be replaced. Other facilities funded by DOJ or in process of DOJ review include Gila River Juvenile Detention and Rehabilitation Center (42 completed beds), Barrow Juvenile Correctional Facility (14 juvenile beds, funded but jurisdictional issues pending), Kotzebue Regional Jail Facility (proposal expected for 28 adult beds), and Nisqually Adult Detention Unit (8 beds for temporary holding). a Construction funded, in part, under the Correctional Facilities on Tribal Lands Discretionary Grant Program, which is administered by the U.S. Department of Justice, Office of Justice Programs, Corrections Program Office. b Based on facility plans within the next 3 years that have received final administrative approval, even though necessary funds may not have been authorized. c Facilities will be added to the survey when fully operational. d Proposal under review by the Corrections Program Office. e Approved for design only, other funds pending. 14 Jails in Indian Country, 2001 Appendix table 7. Jails in Indian country under court order or consent decree to limit population or for other reasons, June 29, 2001 Tribal, State, or Federal court order or consent decree Maximum capacity set by Other conditions consent decree specified 386 25 34 95 4 22 32 14 32 9 50 33 Detain in a humane condition Detain in a humane condition Overcrowding (1) Detain in a humane condition (2) 36-hour holding only (1) Detain in a humane condition (2) One hour of exercise for inmates (1) Detain in a humane condition (2) Overcrowding Separate adults and juveniles by sight and sound State and facility Total Arizona Navajo Department of Corrections-Chinle Navajo Department of Corrections-Tuba City Navajo Department of Corrections-Window Rock Pascua Yaqui Law Enforcement Center Minnesota Red Lake Law Enforcement Services Nebraska Omaha Tribal Police Department New Mexico Navajo Department of Corrections-Crownpoint Navajo Department of Corrections-Shiprock North Dakota Fort Berthold Agency Standing Rock Law Enforcement Center South Dakota Medicine Root Detention Center (1) Overcrowding (2) Public detoxification inmates must be released after 8 hours Washington Wellpinit BIA Law Enforcement Center Wyoming Wind River Police Department 10 26 Overcrowding Detain in a humane condition Methodology “Indian country” is a statutory term that includes the following: all lands within an Indian reservation; dependent Indian communities; and Indian trust allotments (18 U.S.C. § 1151). Courts interpret § 1151 to include all lands held in trust for tribes or their members. See United States v. Roberts. 185 F.3d 1125 (10th Cir. 1999). Tribal authority to imprison Indian offenders is limited to 1 year per offense by statute (25 U.S.C. § 1302). Tribal law enforcement agencies act as first responders to both felony and misdemeanor crimes. For most of Indian country, the Federal Government provides felony law enforcement concerning crimes by or against Indians. Certain areas of Indian country are under Public Law 83-280, as amended. P.L. 280 conferred jurisdiction on certain States over “Indian country” and suspended enforcement of the Major Crimes Act (18 U.S.C. § 1153) and the General Crimes Act (18 U.S.C. § 1152) in those areas. Indian tribes retain concurrent jurisdiction to enforce laws in Indian country where P.L. 280 applies. The Bureau of Justice Statistics (BJS) conducted the Survey of Jails in Indian Country (SJIC) to describe all adult and juvenile jail facilities and detention centers in Indian country. For purposes of this report, Indian country includes reservations, pueblos, rancherias, and other appropriate areas (18 U.S.C. § 1151). The reference date for the survey was June 29, 2001. The SJIC was initiated in 1998 as a component of the Annual Survey of Jails (ASJ). The ASJ is conducted in each of the years between the Census of Jails. The 2001 ASJ consisted of a sample survey of 878 local jail jurisdictions, a survey of the Nation’s 47 multijurisdictional facilities, and a survey of the 68 facilities in Indian country. (For sampling information, see Prison and Jails Inmates at Midyear 2001, BJS Bulletin, April 2002, NCJ 191702.) In 1998 the Office of Law Enforcement Services, Bureau of Indian Affairs (BIA), U.S. Department of the Interior, provided a complete list of 74 Indian country jail facilities. The list included detention centers, jails, and other correctional facilities, operated by tribal authorities or the BIA. Since 1998, 2 facilities were abandoned, 3 were closed, and 2 were combined into 1 facility, resulting in 68 surveyed facilities. The facilities are in 18 States and are affiliated with 53 tribes. Data were obtained by mailed questionnaires. Through follow-up phone calls and facsimiles, the survey achieved a 100% response rate. In addition, construction plans for facilities funded under the Correctional Facilities on Tribal Lands Discretionary Grant Program were obtained from the Corrections Program Office, Office of Justice Programs. Jails in Indian Country, 2001 15 The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Lawrence A. Greenfeld is acting director. BJS Bulletins present the first release of findings from permanent data collection programs. Todd D. Minton collected and processed the data and wrote this report under the supervision of Allen J. Beck. Michael Dever, Corrections Program Office, Norena Henry, Director, American Indian and Alaska Native Desk, Office of Justice Programs, and Tracy Toulou, Director, Office of Tribal Justice, U.S. Department of Justice, reviewed the report. Jennifer C. Karberg provided statistical review and verification. Tom Hester and Tina Dorsey edited the report, and Jayne Robinson provided the final production. May 2002, NCJ 193400 This report in portable document format and in ASCII, its tables, survey questionnaire, and related statistical data are available at the BJS World Wide Web Internet site: http://www.ojp.usdoj.gov/bjs/ U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Washington, DC 20531 PRESORTED STANDARD MAIL POSTAGE & FEES PAID DOJ/BJS Permit No. G-91 Official Business Penalty for Private Use $300 16 Jails in Indian Country, 2001