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Code · STATUTE-COMPILATIONS · Indian Arts and Crafts Amendments Act of 2010 · Sec. 211

Sec. 211. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES

1,481 words·~7 min read·/statute-compilations/comps-16836/sec-211

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

## SEC. 211 OFFICE OF JUSTICE SERVICES RESPONSIBILITIES ###
(a)Definitions Section 2 of the Indian Law Enforcement Reform Act (25 U.S.C. 2801) is amended— ####
(1)by striking paragraph (8); ####
(2)by redesignating paragraphs
(1)through
(7)as paragraphs
(2)through (8), respectively; ####
(3)by redesignating paragraph
(9)as paragraph
(1)and moving the paragraphs so as to appear in numerical order; and ####
(4)in paragraph
(1)(as redesignated by paragraph (3)), by striking “Division of Law Enforcement Services” and inserting “Office of Justice Services”. ###
(b)Additional Responsibilities of Office Section 3 of the Indian Law Enforcement Reform Act (25 U.S.C. 2802) is amended— ####
(1)in subsection (b), by striking “
(b)There is hereby established within the Bureau a Division of Law Enforcement Services which ” and inserting the following: > > ### “(b) Office of Justice Services > > There is established in the Bureau an office, to be known as the ‘Office of Justice Services’, that” > ; ####
(2)in subsection (c)— #####
(A)in the matter preceding paragraph (1), by striking “Division of Law Enforcement Services” and inserting “Office of Justice Services”; #####
(B)in paragraph (8), by striking “and” at the end; #####
(C)in paragraph (9), by striking the period at the end and inserting a semicolon; and #####
(D)by adding at the end the following: > > #### “(10) > > the development and provision of dispatch and emergency and E-911 services; > > > #### “(11) > > communicating with tribal leaders, tribal community and victims’ advocates, tribal justice officials, indigent defense representatives, and residents of Indian country on a regular basis regarding public safety and justice concerns facing tribal communities; > > > #### “(12) > > conducting meaningful and timely consultation with tribal leaders and tribal justice officials in the development of regulatory policies and other actions that affect public safety and justice in Indian country; > > > #### “(13) > > providing technical assistance and training to tribal law enforcement officials to gain access and input authority to utilize the National Criminal Information Center and other national crime information databases pursuant to section 534 of title 28, United States Code; > > > #### “(14) > > in coordination with the Attorney General pursuant to subsection
(g)of section 302 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732), collecting, analyzing, and reporting data regarding Indian country crimes on an annual basis; > > > #### “(15) > > on an annual basis, sharing with the Department of Justice all relevant crime data, including Uniform Crime Reports, that the Office of Justice Services prepares and receives from tribal law enforcement agencies on a tribe-by-tribe basis to ensure that individual tribal governments providing data are eligible for programs offered by the Department of Justice; > > > #### “(16) > > submitting to the appropriate committees of Congress, for each fiscal year, a detailed spending report regarding tribal public safety and justice programs that includes— > > > ##### “(A) > > > ######
(i)> > the number of full-time employees of the Bureau and tribal governments who serve as— > > > ###### “(I) > > criminal investigators; > > > ###### “(II) > > uniform police; > > > ###### “(III) > > police and emergency dispatchers; > > > ###### “(IV) > > detention officers; > > > ###### “(V) > > executive personnel, including special agents in charge, and directors and deputies of various offices in the Office of Justice Services; and > > > ###### “(VI) > > tribal court judges, prosecutors, public defenders, appointed defense counsel, or related staff; and > > > ###### “(ii) > > the amount of appropriations obligated for each category described in clause
(i)for each fiscal year; > > > ##### “(B) > > a list of amounts dedicated to law enforcement and corrections, vehicles, related transportation costs, equipment, inmate transportation costs, inmate transfer costs, replacement, improvement, and repair of facilities, personnel transfers, detailees and costs related to their details, emergency events, public safety and justice communications and technology costs, and tribal court personnel, facilities, indigent defense, and related program costs; > > > ##### “(C) > > a list of the unmet staffing needs of law enforcement, corrections, and court personnel (including indigent defense and prosecution staff) at tribal and Bureau of Indian Affairs justice agencies, the replacement and repair needs of tribal and Bureau corrections facilities, needs for tribal police and court facilities, and public safety and emergency communications and technology needs; and > > > ##### “(D) > > the formula, priority list or other methodology used to determine the method of disbursement of funds for the public safety and justice programs administered by the Office of Justice Services; > > > #### “(17) > > submitting to the appropriate committees of Congress, for each fiscal year, a report summarizing the technical assistance, training, and other support provided to tribal law enforcement and corrections agencies that operate relevant programs pursuant to self-determination contracts or self-governance compacts with the Secretary; and > > > #### “(18) > > promulgating regulations to carry out this Act, and routinely reviewing and updating, as necessary, the regulations contained in subchapter B of title 25, Code of Federal Regulations (or successor regulations).” > ; ####
(3)in subsection (d)— #####
(A)in paragraph (1), by striking “Division of Law Enforcement Services” and inserting “Office of Justice Services”; and #####
(B)in paragraph (4)(i), in the first sentence, by striking “Division” and inserting “Office of Justice Services”; ####
(4)in subsection (e), by striking “Division of Law Enforcement Services” each place it appears and inserting “Office of Justice Services”; and ####
(5)by adding at the end the following: > > ### “(f) Long-term Plan for Tribal Detention Programs > > Not later than 1 year after the date of enactment of this subsection, the Secretary, acting through the Bureau, in coordination with the Department of Justice and in consultation with tribal leaders, tribal courts, tribal law enforcement officers, and tribal corrections officials, shall submit to Congress a long-term plan to address incarceration in Indian country, including— > > > #### “(1) > > a description of proposed activities for— > > > ##### “(A) > > the construction, operation, and maintenance of juvenile (in accordance with section 4220(a)(3) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2453(a)(3)) and adult detention facilities (including regional facilities) in Indian country; > > > ##### “(B) > > contracting with State and local detention centers, upon approval of affected tribal governments; and > > > ##### “(C) > > alternatives to incarceration, developed in cooperation with tribal court systems; > > > #### “(2) > > an assessment and consideration of the construction of Federal detention facilities in Indian country; and > > > #### “(3) > > any other alternatives as the Secretary, in coordination with the Attorney General and in consultation with Indian tribes, determines to be necessary.” > . ###
(c)Law Enforcement Authority Section 4 of the Indian Law Enforcement Reform Act (25 U.S.C. 2803) is amended— ####
(1)in paragraph (2)(A), by striking “), or” and inserting “or offenses processed by the Central Violations Bureau); or”; and ####
(2)in paragraph (3)— #####
(A)in subparagraph (B), by striking “, or” at the end and inserting a semicolon; #####
(B)in subparagraphs
(B)and (C), by striking “reasonable grounds” each place it appears and inserting “probable cause”; #####
(C)in subparagraph (C), by adding “or” at the end; and #####
(D)by adding at the end the following: > > ##### “(D) > > > ######
(i)> > the offense involves— > > > ###### “(I) > > a misdemeanor controlled substance offense in violation of— > > > ###### “(aa) > > the Controlled Substances Act (21 U.S.C. 801 et seq.); > > > ###### “(bb) > > title IX of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a et seq.); or > > > ###### “(cc) > > section 731 of the USA PATRIOT Improvement and Reauthorization Act of 2005 (21 U.S.C. 865); > > > ###### “(II) > > a misdemeanor firearms offense in violation of chapter 44 of title 18, United States Code; > > > ###### “(III) > > a misdemeanor assault in violation of chapter 7 of title 18, United States Code; or > > > ###### “(IV) > > a misdemeanor liquor trafficking offense in violation of chapter 59 of title 18, United States Code; and > > > ###### “(ii) > > the employee has probable cause to believe that the individual to be arrested has committed, or is committing, the crime;” > .
Connectionstraces to 8
Citation graph
cites case law
Sec. 211
OFFICE OF JUSTICE SERVICES RESPONSIBILITIES
U.S.C.§ 2801
U.S.C.§ 2802
U.S.C.§ 3732
U.S.C.§ 2453
U.S.C.§ 2803
U.S.C.§ 801
U.S.C.§ 862a
U.S.C.§ 865
Cites 8Cited by 0 across 0 sources
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