Sec. 2. Findings

459 words·~2 min read·/bill/116/s/290/is/section-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Congress finds the following: American Indians and Alaska Natives are 2.5 times more likely to experience violent crimes and at least 2 times more likely to experience rape or sexual assault crimes. The vast majority of American Indian and Alaska Native victims, 96 percent of female and 89 percent of male victims, report being victimized by a non-Indian. According to a 2010 Government Accountability Office report, United States Attorneys declined to prosecute nearly 52 percent of violent crimes that occur in Indian country.

More than 4 in 5 American Indian and Alaska Native women have experienced violence in their lifetime. According to the Centers for Disease Control and Prevention, homicide is the third leading cause of death among American Indian and Alaska Native women between 10 and 24 years of age and the fifth leading cause of death for American Indian and Alaska Native women between 25 and 34 years of age. On some reservations, American Indian women are murdered at more than 10 times the national average.

Tribal prosecutors report that the majority of domestic violence cases involve children either as witnesses or victims, and the Department of Justice reports that American Indian and Alaska Native children suffer exposure to violence at some of the highest rates in the United States. Childhood exposure to violence has immediate and long term effects, including increased rates of altered neurological development, poor physical and mental health, poor school performance, substance abuse, and overrepresentation in the juvenile justice system.

Violence against children and crimes associated with dating violence and domestic violence increase the number of instances of trauma in Tribal communities, which— affects health outcomes; reduces educational attainment; hinders economic growth; and undermines public safety. Domestic violence calls are among the most dangerous calls that law enforcement receives, and the Federal Bureau of Investigation’s Uniform Crime Report shows that police officers, including Tribal police officers, are assaulted when responding to disturbance calls more often than under any other circumstances.

The complicated jurisdictional structure in Indian country— requires a high degree of commitment and cooperation among Tribal, Federal, and State law enforcement officials; and when that cooperation breaks down, results in a significant negative impact on the ability to provide public safety to Indian communities. The Indian Law and Order Commission, established by Congress to review Federal criminal justice policies and practices in Indian country, issued a report in 2013 entitled A Roadmap for Making Native America Safer that recommends the restoration of the inherent authority of Tribal courts.

Restoring and enhancing local, Tribal capacity to address violent crimes provides for greater local control, safety, accountability, and transparency. Tribal communities should be able to protect themselves from dating violence, domestic violence, child violence, and violence committed against members of the Tribal justice system.