Sec. 3. Tribal jurisdiction over covered crimes
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Section 204 of Public Law 90–284 ( 25 U.S.C. 1304 ) (commonly known as the Indian Civil Rights Act of 1968 ) is amended— in the section heading— by striking ; and of domestic violence by inserting before covered ; crimes in subsection (a)— by striking paragraph
(1)and inserting the following: The term dating violence means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that was committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. ; by striking paragraph (2); by redesignating paragraphs (1), (3), (4), (5), (6), and
(7)as paragraphs (5), (7), (9), (10), (11), and (12), respectively; by inserting before paragraph
(5)(as so redesignated) the following: The term assault of tribal justice personnel means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves the use, attempted use, or threatened use of physical force against an individual authorized to act for, or on behalf of, that Indian tribe or serving that Indian tribe during, or because of, the performance of duties of that individual in— preventing, detecting, investigating, making arrests relating to, making apprehensions for, or prosecuting a covered crime; adjudicating, participating in the adjudication of, or supporting the adjudication of a covered crime; detaining, providing supervision for, or providing services for persons charged with a covered crime; or incarcerating, supervising, providing treatment for, providing rehabilitation services for, or providing reentry services for persons convicted of a covered crime. The term child means a person who has not attained the lesser of— the age of 18; and except in the case of sexual abuse, the age specified by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. The term child violence means the use, threatened use, or attempted use of violence against a child proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. The term covered crime means— assault of tribal justice personnel; child violence; dating violence; domestic violence; obstruction of justice; and a violation of a protection order. ; by inserting after paragraph
(5)(as so redesignated) the following: The term domestic violence means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed by— a current or former spouse or intimate partner of the victim; a person with whom the victim shares a child in common; a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; or a person similarly situated to a spouse of the victim under the domestic- or family-violence laws of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. ; by inserting after paragraph
(7)(as so redesignated) the following: The term obstruction of justice means any violation— of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs; and that involves interfering with the administration or due process of the laws of the Indian tribe, including any tribal criminal proceeding or investigation of a crime. ; in paragraph
(9)(as so redesignated), by striking domestic violence and inserting tribal ; in paragraph
(11)(as so redesignated)— in the paragraph heading, by striking and inserting domestic violence ; and tribal by striking domestic violence and inserting tribal ; and by adding at the end the following: The term violation of a protection order means an act that— occurs in the Indian country of the participating tribe; and violates a provision of a protection order that— prohibits or provides protection against violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; was issued against the defendant; is enforceable by the participating tribe; and is consistent with section 2265(b) of title 18, United States Code. ; in subsection (b)— by striking domestic violence each place the term appears and inserting tribal ; in paragraph (1), by inserting , including any participating tribe in the State of Maine, before include ; and in paragraph (4)— in subparagraph (A)(i), by inserting , other than obstruction of justice or assault of tribal justice personnel, after offense ; and in subparagraph (B)(iii), in the matter preceding subclause (I), by striking , or dating partner and inserting , dating partner, or caregiver ; by striking subsection
(c)and inserting the following: A participating tribe may exercise special tribal criminal jurisdiction over a defendant for a covered crime that occurs in the Indian country of the participating tribe. ; in subsection (d), by striking domestic violence each place the term appears and inserting tribal ; and by striking subsections
(f)through
(h)and inserting the following: The Attorney General may reimburse Tribal government authorities (or an authorized designee of a Tribal government) for expenses incurred in exercising special tribal criminal jurisdiction. Eligible expenses for reimbursement shall include expenses and costs incurred in, relating to, or associated with— investigating, making arrests relating to, making apprehensions for, or prosecuting covered crimes (including costs involving the purchasing, collecting, and processing of sexual assault forensic materials); detaining, providing supervision of, or providing services for persons charged with covered crimes (including costs associated with providing health care); providing indigent defense services for 1 or more persons charged with 1 or more covered crimes; and incarcerating, supervising, or providing treatment, rehabilitation, or reentry services for 1 or more persons charged with 1 or more covered crimes. Reimbursements authorized under subparagraph
(A)shall be in accordance with rules promulgated by the Attorney General, after consultation with Indian tribes, and within 1 year after the date of enactment of the Native Youth and Tribal Officer Protection Act . The rules promulgated by the Attorney General under clause (i)— shall set a maximum allowable reimbursement to any Tribal government (or authorized designee of any Tribal government) in a 1-year period; and may allow the Attorney General— to establish conditions under which a Tribal government (or an authorized designee of a Tribal government) may seek a waiver of the maximum allowable reimbursement requirement established under subclause (I); and waive the maximum allowable reimbursement requirement established under subclause
(I)for a Tribal government (or an authorized designee of a Tribal government) if the conditions established by the Attorney General under item
(aa)are met by that Tribal government (or authorized designee). To the maximum extent practicable, the Attorney General shall— not later than 90 days after the date on which the Attorney General receives a qualifying reimbursement request from a Tribal government (or an authorized designee of a Tribal government)— reimburse the Tribal government (or authorized designee); or notify the Tribal government (or authorized designee) of the reason why the Attorney General was unable to issue the reimbursement; and not later than 30 days after the date on which a Tribal government (or an authorized designee of a Tribal government) reaches the annual maximum allowable reimbursement for the Tribal government (or authorized designee) established by the Attorney General under clause (ii)(I), notify the Tribal government (or authorized designee) that the Tribal government has reached its annual maximum allowable reimbursement. The Attorney General may award grants to the governments of Indian tribes (or to authorized designees of those governments)— to strengthen tribal criminal justice systems to assist Indian tribes in exercising special tribal criminal jurisdiction, including for— law enforcement, including the capacity of law enforcement, court personnel, or other non-law enforcement entities that have no Federal or State arrest authority agencies but have been designated by an Indian tribe as responsible for maintaining public safety within the territorial jurisdiction of the Indian tribe, to enter information into and obtain information from national crime information databases; prosecution; trial and appellate courts, including facilities maintenance, renovation, rehabilitation, and construction; supervision and probation systems; detention and correctional facilities, including facilities maintenance, renovation, rehabilitation, and construction; treatment, rehabilitation, and reentry programs and services; culturally appropriate services and assistance for victims and their families; and criminal codes and rules of criminal procedure, appellate procedure, and evidence; to provide indigent criminal defendants with the effective assistance of licensed defense counsel, at no cost to the defendant, in criminal proceedings in which a participating tribe prosecutes covered crimes; to ensure that, in criminal proceedings in which a participating tribe exercises special tribal criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements; and to accord victims of covered crimes rights that are similar to the rights of a crime victim described in section 3771(a) of title 18, United States Code, consistent with tribal law and custom. Amounts made available under subsection (f)(2) shall supplement and not supplant any other Federal, State, or local government amounts made available to carry out activities described in this section. There is authorized to be appropriated $15,000,000 for each of fiscal years 2023 through 2027 to carry out subsection
(f)and to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes. Of the funds appropriated under this section for each fiscal year— not less than 25 percent, but not more than 40 percent, shall be used for the purposes described in subsection (f)(1); and not less than 25 percent shall be used for the purposes described in subsection (f)(2). .
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- Pub. L. 90-284
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