public safety concepts draft release

7/29/2019 Public Safety Concepts Draft Release

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This discussion draft establishes a demonstration project at the Office of JusticePrograms at the Department of Justice under which a limited number of Indiantribes in remote villages in Alaska will offer alternative tribal diversion remedies tocombat drug-related and alcohol-related misdemeanor offenses; improve public

safety in remote villages that have a large Alaska Native population; enhancecoordination and communication among Federal, State, tribal, and local lawenforcement agencies; and increase funding for, and therefore availability of locallaw enforcement in Alaskas remote villages.

PARTICIPATION. In consultation with the Attorney General of the State ofAlaska, the Office of Justice Programs shall select over a three year period, notmore than 12 Indian tribes in Alaska to participate in the Project, with not morethan 4 Indian tribes being selected during each of the fiscal years 2014, 2015, and

2016.

DURATION. Each Indian tribe selected to participate shall remain in the Projectfor a period of 5 years. At the conclusion of 5 years, the Indian tribes participationshall be terminated unless further action is taken by Congress.

ANNUAL REPORT. On or before May 1 of each year, the Attorney General shallprovide to the Senate Committee on Indian Affairs and the House Committee onNatural Resources a brief annual report detailing activities undertaken under the

Project and setting forth an assessment of the Project and any recommendations ofthe Attorney General for further action by Congress. Each report submitted shall beprepared in consultation with the governments of Indian tribes in Alaska; and thosegovernments and the State of Alaska shall have an opportunity to comment on eachreport prior to the finalization of the report.

APPLICATIONS, CRITERIA. Each Indian tribe interested in participating in theProject shall submit an application to the Office of Tribal Justice. To qualify forparticipation in the Project, an Indian tribe in a village in Alaska shall: requestparticipation by resolution or other official action by the governing body of anIndian tribe; have for the preceding 3 fiscal years no uncorrected significant andmaterial audit exceptions regarding any Federal contracts or grants; demonstrate tothe Attorney General sufficient governance capacity to conduct the Project, asevidenced by the history of the Indian tribe in operating government services,including public utilities, childrens courts, social service programs, or other

activities; be participating in the Alaska Law Enforcement Officer Grants Program,


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or be in a village that is participating in the Alaska Law Enforcement OfficerGrants Program (outlined below); and meet such other criteria as the AttorneyGeneral of the United States may promulgate, after providing for public notice.

Each Indian tribe applying to participate in the Project shall provide to the Officeof Tribal Justice: the constitution of the Indian tribe or equivalent organicdocuments showing the requirements for tribal membership, and the internalgovernmental and organizational structure of the tribal government, including thatof the tribal court; the Indian tribes written tribal ordinances, including thosedetailing the structure and operation of the tribal court; the diversion remedies thetribe intends to offer to offenders in drug-related and alcohol related misdemeanoroffenses in the village as a possible alternative to state misdemeanor criminalprosecution; and such other information required by the Attorney General of the

United States

At the time of application, each Indian tribe shall send a copy of its applicationsubmitted to the Attorney General of Alaska. All applications submitted shall besubject to public comment for a period of not less than 30 days followingpublication of notice in a newspaper or other publication of general circulation inthe vicinity of the village in which the Indian tribe is primarily centered.

SELECTION TO PARTICIPATE. Commencing 30 days after a tribe is selected to

participate in the Project and the tribal or village law enforcement officer isappointed or deputized by the State as a special officer to aid and assist in theenforcement of the criminal laws of the State, the law enforcement officer mayoffer civil tribal diversion remedies to offenders in drug-related and alcohol-relatedstate misdemeanor offenses in the village as a possible alternative to statemisdemeanor criminal prosecution where the offender, whether a member ornonmember of that Indian tribe, knowingly and willingly consents to the tribaldiversion remedies in writing.

TRIBAL DIVERSION REMEDIES. If an offender agrees to the civil tribaldiversion remedies as a possible alternative to state misdemeanor criminalprosecution, the participating Indian tribes tribal court may impose such sanctionsfor the drug and alcohol related state misdemeanor offenses as it determines to beappropriate, consistent with the Indian Civil Rights Act and tribal law, includingmeasures such as: restorative justice; community service; fines; forfeitures;commitments for treatment; restraining orders; emergency detentions; exclusion of


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the person from the village for 20 days or less for initial violations, as needed toprotect the village from future crimes; and exclusion of the person from the villagefor up to one year where there are repeated violations, as needed to protect thevillage from future crimes.

An Indian tribe may not incarcerate a person; exclude a person from the village formore than 20 days for an initial violation; or exclude a person from the village formore than one year where there are repeated violations. Exclusion of a person froma village for 20 days or less for initial violations and for up to one year for repeatedviolations shall be considered a civil remedy.

EMERGENCY CIRCUMSTANCES. Nothing shall prevent an Indian tribeparticipating in this Project from assuming protective custody of a tribal member to

prevent imminent harm to self or others.

NOTICE TO STATE. An Indian tribe participating in the Project shall providenotice to the State including: the signed written consent of the offender showingthat they knowingly and willingly consented to the tribal diversion remedy; thedrug related or alcohol related state misdemeanor offense diverted to the tribe bythe law enforcement officer for civil tribal diversion remedies as a possiblealternative to a state misdemeanor criminal prosecution; the civil tribal diversionremedy that was actually imposed by the tribe; and whether the offender fulfilled

all the terms of the civil tribal diversion remedy imposed by the tribe.

STATES RETAINED POWERS. Even where a party has agreed to the tribal

diversion remedies as a possible alternative to a state criminal prosecution, theState retains jurisdiction and may bring, in its discretion, a civil or criminal actionfor violations of state law where the offender does not comply with the tribesdiversion remedies or where the diversion remedies are ineffectual.

STIPULATIONS. Nothing herein confers criminal jurisdiction on any Indian tribe

in Alaska; confers jurisdiction on any Indian tribe in Alaska over non-members ofthat Indian tribe; limits, alters, or diminishes the civil or criminal jurisdiction of theState of Alaska, any subdivision of the State of Alaska or the United States; limits,alters, or diminishes the civil jurisdiction of any Indian tribe in Alaska; creates aterritorial basis for the jurisdiction of any Indian tribe in Alaska or otherwisecreates Indian country in any area of Alaska; diminishes the trust responsibility of


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the United States to Indian tribes in Alaska; abridges or diminishes the sovereignimmunity of any Indian tribe in Alaska; affects the civil or criminal jurisdiction ofthe Metlakatla Indian Community within the Annette Island Reservation; limits inany manner the eligibility of the State of Alaska, any political subdivision of the

State, or any Indian tribe in Alaska for any other Federal assistance under any otherlaw; or alters any Indian tribes existing jurisdictional authority over domesticviolence under the Violence Against Women Act.

LIABILITY. The State of Alaska, an employee of the State, and any politicalsubdivision of the State shall not be liable for any act or omission of an Indian tribeparticipating in this project.

CONTRACTS. Each Indian tribe participating in the Project shall be eligible for a

contract from the Office of Justice Programs, in an amount not to exceed $(to bedetermined) per year, for use in defraying costs associated with the Projectincluding costs relating to: tribal court operations and personnel; utility andmaintenance; overhead; equipment; infrastructure in the village; and continuingeducation (including travel).

The contracts made available under this section shall be: in addition to such grantsas may be available under this Act or other provisions of law; and awarded ascontracts in a form authorized by the Indian Self-Determination and Education

Assistance Act (25 U.S.C. 450 et seq.).

A tribal organization may enter into contracts on behalf of an Indian tribeparticipating in the Project upon express written delegation of authority by theIndian tribe to the tribal organization.

REGULATIONS. The Attorney General of the United States may promulgate suchregulations as the Attorney General determines to be necessary to carry out theseprovisions, including minimum reporting requirements as the Attorney General

determines are reasonably necessary to carry out these provisions.

APPROPRIATIONS. There is authorized to be appropriated to carry out this Act$(to be determined) for each of fiscal years 2014 through 2020.


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ALASKA LAW ENFORCEMENT OFFICER GRANT. The Office of JusticeServices of the Department of the Interior shall carry out a contract program for theemployment of law enforcement officers in Alaska villages. The contract programshall provide for the employment of 1 law enforcement officer in each village,

unless the Office of Justice Services has waived the 1-officer limitation based on ashowing of compelling circumstances.

Application Criteria: to qualify for a contract under this section, an applicant shalleither be: an Indian tribe that is participating in a Project under these provisions ora village that is home to an Indian tribe that is participating in a Project;demonstrate that there are no resident law enforcement personnel living in theapplicable village; have entered into an intergovernmental agreement regarding theemployment of law enforcement officers to enforce state criminal laws under these

provisions; and satisfy such other criteria as may be established by the Office ofJustice Services.

Contracts- Each contract awarded under this section shall be in an amount not toexceed $(to be determined) for the salary and benefits, training, equipment, andother related costs for employing each law enforcement officer in a village.

Housing and infrastructure grant- Each contract awarded under this section mayalso provide up to $(to be determined) for housing and infrastructure in support of

the law enforcement position.

Fund disbursement- At the request of an applicant, the Office of Justice Servicesshall disburse funds awarded under this section through modifications to existingself-determination contracts or self-governance compacts authorized under theIndian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),or by contract to a political subdivision of the State of Alaska pursuant to anagreement.

Eligibility for BIA Training- Law enforcement officers hired pursuant to thissection shall be eligible to attend the Bureau of Indian Affairs Police OfficerTraining Program.

Authorization of Appropriations- There is authorized to be appropriated to carryout this section $(to be determined) for each of fiscal years 2014 through 2020.


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TECHNICAL ASSISTANCE. The Attorney General of the United States mayenter into 18-month contracts with tribal organizations in Alaska to providetraining and technical assistance on tribal court development for any Indian tribes

in Alaska. Tribal organizations may cooperate with other entities for the provisionof services under the applicable contracts.

Authorization of Appropriations- There is authorized to be appropriated to carryout this section $(to be determined).

INTERGOVERNMENTAL AGREEMENTS.

In General- The State of Alaska, political subdivisions of the State, Indian tribes inAlaska, and the United States are each authorized and encouraged to enter intointergovernmental agreements concerning: the employment of law enforcementofficers; the appointment and deputization by the State of tribal or village lawenforcement officers as special officers to aid and assist in the enforcement of thecriminal laws of the State; the detention of offenders; and jurisdictional or financialmatters.

Nothing in this section shall be construed as restricting the right of the judicialsystem of Alaska to enter into agreements with the tribal courts.

The State of Alaska, an employee of the State, and any political subdivision of theState, shall not be liable for: any act or omission of a law enforcement officerundertaken pursuant to an intergovernmental agreement entered into under thissection; or any damages that arise out of entering into an intergovernmentalagreement under this section.

public safety concepts draft release

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