Juvenile Detention, Alternatives and Reentry in Indian Country Presented by Walter Lamar, President/CEO Ray Perales, Director of Juvenile Justice Services Lamar Associates ojjdp.gov

Introduction TLOA mandates that the Departments of Justice (DOJ) and the Interior (DOI) develop, in consultation with Tribal Leaders and tribal justice professionals, a long term plan to address incarceration and the alternatives to incarceration in Indian country.

Legislative Mandate TLOA requires the Secretary of the Interior (section 211(b)(5)) and the Attorney General (section 244(d)) to collaboratively develop the plan. In addition, it requires DOI and DOJ to consult with Tribal Leaders and tribal justice officials in the development of the plan. Specifically, the law states that the Departments of Justice (DOJ) and Interior (DOI) shall submit to Congress a long term plan to address incarceration in Indian country that includes alternatives to incarceration.

Introduction In October 2010, DOI hosted a series of six regional tribal consultations in San Diego, CA (October 12); Billings, MT (October 14); Albuquerque, NM (October 20); Prior Lake, MN (October 12) Oklahoma City, OK (October 26); and Miami, FL (October 28) to seek input about TLOA generally, including the Tribal Justice Plan.

Introduction In coordination with the Tribal Justice, Safety and Wellness Sessions, consultations were held by DOJ and DOI with the Department of Health and Human Services, the Department of Housing and Community Development, the Small Business Administration and the Corporation for National and Community Service. Additional Focus Groups were in Rapid City, SD (April 19- 20); Scottsdale, AZ (May 10 & 12); and Billings, MT (May 16-17).

Key Recommendations Develop a system of alternatives to incarceration. Make alternative interventions culturally specific to individual Nations. Include after school and summer programs for tribal youth as part of crime prevention strategy. Ensure that tribal jails comply with standards on such issues such as inmate classification, health services, sanitation, preventative maintenance, discipline, grievance procedures, offender services and activities, staffing and others. Include juvenile detention and treatment. Inventory existing funding and technical assistance resources for tribal youth across federal agencies; and develop training for community coalitions to support tribal juvenile detention facilities. DOJ Long Term Plan to Build and Enhance Tribal Justice Systems

Recommendations (continued) Support regional partnerships with state and local entities to contract for bed space to improve capacity and sustainability. Develop data-driven, comprehensive programming. Develop and implement evidence-based reentry programs that include risk assessment. Research tools for case management plans. more federal halfway houses on tribal lands to keep members connected to community and family. DOJ Long Term Plan to Build and Enhance Tribal Justice Systems

Alternatives to Incarceration Alternatives to incarceration generally include programs, services or supervision that permit an individual to remain within the community, with effective mechanisms in place to ensure public safety. Focus on rehabilitation (education, vocational training, and behavioral change) rather than on retribution. Keep offenders connected to their families and communities, and support pro-social development. Conserve resources, both economically and practically; for example, alternative programs can save limited bed space for violent offenders.

Alternatives Indian Country Juvenile Justice Systems are poorly equipped to handle the amount of cases presented in juvenile court each year. In 2004, the Office of the Inspector General identified 72 adult and juvenile facilities located in Indian Country. Of the 72 facilities, 24 were found to be over 30 years old; 20 were found to be 20-30 years old; 14 were 10-20 years old and 14 were under 10 years old. 64% of the facilities in 2004 were nearing the end of their life cycle. U.S. Department of the Interior, Office of Inspector General, Interim Report: Indian Country Detention Facilities (Washington, DC: 2004)

Challenges Juveniles have unique needs requiring special programming and services, as well as security. A full range of medical, mental, dental, pharmaceutical and recordkeeping services must be provided to the juvenile population, which is supported by established policies and procedures. These services should include, at a minimum, initial screening, complete examinations, emergency care, health education programs, etc.

Challenges (continued) There exists a lack of best practices material in the areas of criminal justice case management, alternative practices and effective operations. Utilizing traditional settlement dispute resolution methods and integrating it with a modern comprehensive justice system model. There is a lack of training to provide basic knowledge of culture and tradition, socio-economics, technology, tribal structure, and basic understanding of jurisdictional issues.

Challenges (continued) Challenges to acquiring knowledgeable and skilled workers often impacts tribal readiness and capability to address youth needs, problems, and issues. There has generally been unwillingness among tribe, state and federal agencies to practice good communication, cooperation, and information and resource sharing contributing to a lack of sustainability for programs.

Proposed Strategies Intergovernmental Collaborations with Federal, State, and Local Partners. Strategic Planning to Assist Tribal Justice Systems in Assessing Programming Needs. Addressing Risks for Criminogenic Behavior to Prevent Recidivism After Release. This includes expanded use of risk/needs assessments Educational programs for juveniles should be coordinated between the Bureau of Indian Education) and public schools to encourage and maintain ties with school programs and funding.

Proposed Strategies Identification and use of evidenced-based practices. Evidence-based practices emphasize that certain developmental steps must precede others: for example, offenders must be first assessed for risk and then for need before they can be effectively managed. Support for Effective Information Management Systems. Detention planning and effective case management must be based on adequate data. Information management must include an ongoing process of identifying, measuring, and reporting key operational processes and functions. Collaborating and providing outcome and quality assurance support to local service providers enhances interagency understanding and service credibility.

Proposed Strategies Routinely measure staff practices (attitudes, knowledge, and skills) that are considered related to outcomes. This will assist in identifying and developing relevant training programs based on actual need. Treatment, particularly cognitive-behavioral types, should be applied as an integral part of the sentence/sanction process.

Juvenile Reentry Reentry is a process of using “programs targeted at promoting the effective reintegration of offenders back to communities upon release from incarceration which is intended to assist offenders in acquiring the life skills needed to succeed in the community and become law abiding citizens.”

Challenges to Reentry in Indian Country As noted in a recent report by the Urban Institute, “a critical challenge in handling youth in the federal system is the lack of residential facilities close to the communities of the offenders,” and “such distances likely hamper sustained contact with vital social supports necessary for successful transition back to the community once confinement ends. Adams, William and Samuels, Julie et al. February 2011. Tribal Youth in the Federal Justice System. Washington, DC: Urban Institute Justice Policy Center, pp. 20-22.

Tribal Juvenile Detention Centers The U.S. Department of the Interior, Bureau of Indian Affairs (BIA) Tribal Juvenile Detention Centers Directory (FY 2010–2011) identifies a total of 20 operating tribal juvenile detention centers (TJDCs) in Indian Country, as well as 2 TJDCs as not opened, 2 as under construction, and 1 as under modification plans.

The current 20 operating TJDC facilities are funded by the following: BIA (2), PL 93-638 Contract (11), self- governance (5), and tribal programs (2). The identification of the funding source for TJDC facilities is important to note, as the funding source (1) regulates policies, procedures, hiring, facilities compliance, and programming guidelines and (2) either serves as the catapult for a strong TJDC reentry program or is the primary challenge for TJDC facilities in developing and sustaining a successful reentry program for exiting tribal youth. The current 20 operating TJDC facilities are funded by the following: BIA (2), PL 93-638 Contract (11), self-governance (5), and tribal programs (2).

Although TJDC facilities are built and staffed, many have no program dollars attached; and therefore, they are dependent on Indian Health Services and other community partners to provide essential educational and behavioral health services. As such, services range from inadequate to robust depending on what the community has to offer.

Proposed Strategies Ensure quality of services by providing adequate and frequent training for reentry staff and allied service agencies, program partners and stakeholders. High-level support for cross-agency and cross-cultural training should occur at least annually among the tribal, state and federal justice agencies to discuss tribal reentry issues, needs and solutions. Assess reentry programming and policy needs to inform program design, development and implementation strategies to support adult and youth returning from long-term confinement.

Proposed Strategies Conduct Jail Reentry Needs Assessments: An important first step is for tribes to assess their reentry programming and services needs for youth. Conduct planning sessions with federal, tribal, state and local practitioners to design and implement tribal reentry plans that enable the collection of data needed to evaluate needs, target populations, program effectiveness, and resources.

Proposed Strategies Develop Culturally Relevant Training Curricula, Tools, and Guides for non-Indian facility staff, and contracting facilities. Develop Multilevel Funding Approaches: Funding from multiple governmental and non-governmental sources is needed to support tribal reentry, including federal, tribal, state and local agencies.