June 2014
Reservation Communities
The Reentry Council aims to identify the additional challenges faced by individuals reentering reservation communities and develop policies, programs, and services that will support the cultural-social fabric and increase the employment, education, and health and housing opportunities for this population.
Problem Statement There exist serious public safety challenges in reservation communities in the United States. American Indian people are incarcerated at higher rates than the general population: at midyear 2009, tribal, federal, and state authorities incarcerated American Indian or Alaska Native individuals at a rate 25 percent higher than the overall national incarceration rate. Due to federal criminal jurisdiction on many reservations, juveniles detained in federal facilities are predominantly American Indian males, generally between 17 to 20 years of age, with an extensive history of drug and/or alcohol use/ abuse and violent behavior and who have often been sentenced for sex-related offenses. Of further concern is the rate of violent crime that exists in some reservation communities and the fact that this violence is often directed at the most vulnerable members of the community at rates that far exceed the rates off the reservations. For instance, it is a grim fact that an American Indian female has a one-in-three chance of being sexually assaulted in her lifetime. American Indian women also experience homicide at rates almost 50 percent greater than the overall female population in America. Finally, violence in the form of sexual assault and domestic violence against American Indian women also occurs at heightened rates. The response to the heightened violent crime rates in reservation communities must be multi-pronged and culturally appropriate. Certainly vigorous enforcement of criminal laws by federal law
enforcement and federal support for viable crime prevention programs are key. America Indian and Alaskan Native (AI/AN) adults and juveniles serve short- and long-term sentences or commitments in jails and prisons that are located on and off Indian country and operated by federal, tribal, state, and local authorities. Where an AI/AN person is detained often depends on where the crime occurred, jurisdictional authority, the seriousness of the crime committed, whether the victim and perpetrators are tribal members, and the availability of confinement facilities. Since the majority of AI/AN adults involved with the criminal justice system serve sentences and juvenile commitments in correctional facilities not in Indian country, it is even more critical for tribes to have reentry programs that can prepare people for their return to the community. Within correctional facilities where longterm stays are most likely to occur, the programming opportunities are usually greater than those found in county jails, tribal jails, and BIA jails located in Indian country; however, it is even more unlikely that culturally developed programming for AI/AN is provided. The public safety challenges faced by reservation communities are exacerbated by the unique challenges that an American Indian who is returning to his or her home community faces after serving a federal prison sentence for a crime of violence. Indian country
Snapshot Snapshot
unemployment rates reportedly average 49 percent, even in better economic times. High unemployment compounded with a lack of affordable and adequate housing magnifies challenges for returning individuals. Further, community confinement housing facilities actually located in a reservation community are uncommon, which may be for cultural as well as
economic reasons. This too often results in an American Indian spending his or her final months of incarceration in a halfway house facility that is located a great distance from the reservation community to which the individual will eventually return. In addition, their home communities are far from health and employment services that are critical to successful reentry.
Agenda Moving Forward Expand Data Collection Much appears to be unknown about the “flow” of American Indians through the federal and state criminal justice systems. Data needs to be gathered as to the number of American Indians by: • • •
the reservations where they committed their federal and state crimes; the Bureau of Prisons and state facilities in which they serve their sentences; and the reservations to which they return and serve their supervision under United States Probation and Pretrial Services or state parole.
Increase Coordination Because the Department of Justice and the Department of Interior’s Bureau of Indian Affairs often have primary criminal jurisdiction over certain serious crimes committed on reservations, they have a broad and deep expertise on the public safety challenges that these communities face. The Reentry Council has expertise in the implementation of successful reentry programs in non-reservation communities. Finally, United States Probation and Pretrial Services has expertise in the day-to-day supervision of those reentering reservation communities. Coordination
with the state corrections agencies—both institutional and community corrections—are also critical to address the needs of tribal members returning from state prisons.
Explore Transition Assistance Currently too many American Indians who are transitioning out of federal and state prisons to community confinement settings are doing so in nonreservation communities many miles from the reservation communities to which they will be returning. Enhanced understanding of resource availability and need is required to address this issue.
Focus on Employment, Education, Health and Housing Opportunities American Indians reentering reservation communities can face employment, education, health, and housing challenges that are unique given the high unemployment rates and isolation of some reservation communities. These challenges put these tribal members at higher risk to commit new crimes and to victimize tribal members. Thus, investing in critical supports will reduce the risk of recidivism and victimization, and increase the successful reentry of tribal members back to their communities.
Key Resources (Reservation Communities) Reentry Council: http://csgjusticecenter.org/nrrc/projects/firc/ Reentry MythBusters: http://csgjusticecenter.org/nrrc/projects/mythbusters/ National Reentry Resource Center – Tribal Affairs: http://csgjusticecenter.org/reentry/issue-areas/tribal-affairs/ BJA Tribal Reentry Fact Sheet: https://www.bja.gov/Publications/TribalReentryFS.pdf