Sec. 103. Full Tribal criminal jurisdiction
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Title II of Public Law 90–284 ( 25 U.S.C. 1301 et seq. ) (commonly known as the Indian Civil Rights Act of 1968 ) is amended by adding at the end the following: In this section: The term Alaska Native Village means an Alaska Native Village Statistical Area covering all or any portion of a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )), as depicted on the applicable Tribal Statistical Area Program Verification map of the Bureau of the Census.
The term full criminal jurisdiction means the criminal jurisdiction that a participating tribe may exercise under this section. The term Indian country has the meaning given the term in section 1151 of title 18, United States Code. The term participating tribe means an Indian tribe that elects to exercise full criminal jurisdiction over the Indian country or Alaska Native Village of that Indian tribe. The term protection order — means any injunction, restraining order, or other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; and includes any temporary or final order issued by a civil or criminal court, whether obtained by filing an independent action or as a pendent lite order in another proceeding, if the civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.
Notwithstanding any other provision of law, in addition to all powers of self-government recognized and affirmed by sections 201 and 203, the powers of self-government of a participating tribe include the inherent power of that tribe, which is hereby recognized and affirmed, to exercise full criminal jurisdiction over any person who— commits a violation of tribal criminal law in the Indian country or Alaska Native Village of that participating tribe; violates a protection order issued by a Tribal court; or commits a violation of tribal law outside of the Indian country or Alaska Native Village of the participating tribe but within the inherent extraterritorial jurisdiction of the participating tribe.
Nothing in this section— creates or eliminates any Federal or State criminal jurisdiction over Indian country or an Alaska Native Village; or affects the authority of the United States or any State that has been delegated authority by the United States to investigate and prosecute a criminal violation in Indian country or in an Alaska Native Village. The authority of the United States and certain States described in paragraph (2)(B) shall remain concurrent to the authority restored to Indian tribes in the Honoring Promises to Native Nations Act.
Subparagraphs
(B)through
(D)of section 202(a)(7), section 202(b), and section 202(d) shall not apply to a participating tribe exercising full criminal jurisdiction under this section. In a criminal proceeding in which a participating tribe exercises full criminal jurisdiction over a non-Indian, the participating tribe shall provide the defendant— all applicable rights under this Act; all rights described in section 202(c), if a term of imprisonment of any length is imposed; the right to a trial by an impartial jury that is drawn from sources that— reflect a fair cross section of the community; and do not systemically exclude any distinctive group in the community, including non-Indians; and all other rights whose protection is necessary under the Constitution of the United States in order for Congress to recognize and affirm the inherent power of the participating tribe to exercise full criminal jurisdiction over the defendant. 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 full criminal jurisdiction, including— law enforcement, including the capacity of law enforcement or court personnel to enter information into and obtain information from national crime information databases; prosecution; trial and appellate courts; probation systems; detention and correctional facilities, including medical services and health care for inmates; alternative rehabilitation centers and reentry programs; culturally appropriate services and assistance for victims and the families of the victims; 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 a crime; and to ensure that, in criminal proceedings in which a participating tribe exercises full criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements. Amounts made available under this section shall supplement and not supplant any other Federal, State, tribal, or local government amounts made available to carry out activities described in this section. Subject to paragraph (2), there is authorized to be appropriated to carry out subsection (e), and to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $25,000,000 for each of fiscal years 2023 through 2032. The amount made available under paragraph
(1)for each of fiscal years 2024 through 2032 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . Except as provided in paragraph (2), subsections
(b)through
(d)of section 205 of Public Law 90–284 (commonly known as the Indian Civil Rights Act of 1968 ) shall take effect on the date that is 5 years after the date of enactment of this Act. Except as provided in subparagraph (B), at any time during the 5-year period beginning on the date of enactment of this Act, an Indian tribe (as defined in section 201 of Public Law 90–284 ( 25 U.S.C. 1301 ) (commonly known as the Indian Civil Rights Act of 1968 )) may ask the Attorney General to designate the Indian tribe as a participating tribe under section 205 of Public Law 90–284 (commonly known as the Indian Civil Rights Act of 1968 ) on an accelerated basis. The Attorney General may grant a request under clause
(i)after coordinating with the Secretary of the Interior, consulting with affected Indian tribes, and concluding that the criminal justice system of the requesting Indian tribe has adequate safeguards in place to protect the rights of defendants, consistent with section 205 of Public Law 90–284 (commonly known as the Indian Civil Rights Act of 1968 ). At any time during the 5-year period beginning on the date of enactment of this Act, a participating tribe (as defined in section 204(a) of Public Law 90–284 ( 25 U.S.C. 1304(a) ) (commonly known as the Indian Civil Rights Act of 1968 )) (referred to in this subparagraph as a tribe )— may elect to exercise full criminal jurisdiction under section 205 of that Act; and shall notify the Attorney General of such election. On notification by a tribe under clause (i)(II), the Attorney General shall designate the tribe as a participating tribe under section 205 of Public Law 90–284 (commonly known as the Indian Civil Rights Act of 1968 ). An Indian tribe designated as a participating tribe under subparagraph (A)(ii) or (B)(ii) may commence exercising full criminal jurisdiction pursuant to subsections
(b)through
(d)of section 205 of Public Law 90–284 (commonly known as the Indian Civil Rights Act of 1968 ) on a date chosen by the Indian tribe, on the condition that the date shall be— not earlier than the date that is 15 days after the date on which the Indian tribe is designated as a participating tribe under subparagraph (A)(ii) or (B)(ii), as applicable; and not later than the date that is 5 years after the date of enactment of this Act. Section 204(e) of Public Law 90–284 ( 25 U.S.C. 1304(e) ) (commonly known as the Indian Civil Rights Act of 1968 ) is amended— in paragraph (2)— by redesignating subparagraphs
(A)and
(B)as clauses
(ii)and (iii), respectively, and indenting appropriately; in the matter preceding clause
(ii)(as so redesignated), by striking A court and inserting the following: A court ; in subparagraph
(A)(as so designated), by inserting before clause
(ii)(as so redesignated) the following: finds that the person has exhausted all tribal court remedies; ; and by adding at the end the following: If the crime committed by a defendant petitioning for a stay under paragraph
(1)is a victimless crime, the court shall not be required to make a finding described in subparagraph (A)(iii). ; and by adding at the end the following: An Indian tribe that has ordered the detention of any person has a duty to timely notify the person of the rights and privileges the person has under this subsection and under section 203. .
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- Pub. L. 90-284
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