U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics June 2011, NCJ 234518 Tribal Crime Data Collection Activities Tribal Crime Data Collection Activities Duren Banks, Steven W. Perry, and Allina Lee ---------------------------------------------------------- This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.csv) and the full report including tables and graphics in .pdf format are available from http://www.bjs.gov/index.cfm?ty=pbse&sid=1599 ----------------------------------------------------------- Tribal Crime Data Collection Activities, 2011 The Bureau of Justice Statistics (BJS), in collaboration with other federal agencies and American Indian tribes, conducted several activities to develop the tribal data collection system as of June 2011. The data collection system establishes both new data collections and enhances current programs to carry out the requirements of the Tribal Law and Order Act (TLOA), 2010. BJS focused on improving tribal law enforcement reporting to the FBI's Uniform Crime Reporting Program (UCR) and developed direct data collection from tribal criminal justice systems, such as collecting information about the nature and operation of tribal court systems. Efforts also include activities and funding opportunities to improve tribal crime data collection through programs such as the National Criminal History Improvement Program (NCHIP), the National Instant Criminal Background Check System (NICS), Byrne/JAG funding, and UCR training. Activities to Support Tribal Crime Data Collection Systems, July 2010 through June 2011 Tribal consultations conducted in 2010 BJS consulted with tribal leaders through a variety of forums in 2010. BJS developed and distributed an initial plan that responded to the TLOA sections that directly referenced tribal crime data collection. This plan was presented to several stakeholder groups to invite feedback and input, including- * Interdepartmental Tribal Justice Safety and Wellness Consultation, Session 12 (December 2010, Palm Springs, CA) * Uniform Crime Reporting Program (UCR) trainings for tribal law enforcement (2010) agencies * National Congress of American Indians, 2011 Executive Council Winter Meeting (March 2011, Washington, DC). For the first time, the Bureau of Indian Affairs' (BIA) submissions to UCR were disaggregated by tribe and reported in the FBI's Crime in the U.S., 2009 Working with the Office of Justice Services in the BIA, and the Office of Tribal Justice and the FBI in the Department of Justice (DOJ), BJS developed a process to support tribal access to, and input in, regional and national criminal justice databases, including the National Crime Information Center (NCIC) and the Uniform Crime Reporting Program (UCR). As a result of this process, data provided to the FBI from the BIA were able to be disaggregated by tribe. Offenses known to tribal law enforcement agencies were reported by tribal agencies in the FBI's Crime in the United States, 2009. Eighty-three tribal law enforcement agencies met FBI guidelines for data to be published in the report. ---------------------------------------------------------- Highlights * The Bureau of Justice Statistics (BJS) consulted with tribal leaders through a variety of forums in 2010. * For the first time, the Bureau of Indian Affairs' (BIA) submissions to the Uniform Crime Reporting Program (UCR) were disaggregated by tribe and reported in Crime in the U.S., 2009. * The number of tribes eligible for Byrne/JAG funding increased from 5 in 2008 to 22 in 2010. * In 2010, 140 tribal law enforcement staff received UCR training. * BJS provided competitive funding opportunities for jurisdictions to improve criminal records in fiscal year 2011. * BJS developed a multifaceted data collection system that both established new collections and enhanced current programs. ---------------------------------------------------------- **************** BJS, acting jointly with the Office of Justice Services, BIA (DOI), and the FBI (DOJ), will work with tribes and tribal law enforcement to establish and implement tribal data collection systems (P.L. 111-211 & 251(b)). **************** The number of tribes eligible for Byrne/JAG funding increased from 5 in fiscal year 2008 to 22 in fiscal year 2010 Collaborative efforts between the departments of Justice and Interior have increased the number of tribes reporting monthly crime data to the UCR, thereby increasing the number of tribes eligible to receive Byrne/JAG awards. Byrne/JAG funds can be used to support a range of activities in seven broad program areas, including law enforcement; prosecution and courts; crime prevention and education; corrections; drug treatment and enforcement; program planning, evaluation, and technology improvement; and crime victim and witness programs. Most American Indian tribes had been ineligible to receive Byrne/JAG funds because of gaps in Indian country crime statistics and traditional methods for reporting data. Prior to 2009, BIA provided an aggregate number of crimes known to tribal law enforcement to the UCR. Since these data could not be disaggregated by tribe, tribal law enforcement agencies that did not submit information directly to the UCR were not eligible for Byrne/JAG awards. In FY 2008, 25 tribes submitted crime data directly to the FBI, with 5 of the tribes eligible to receive Byrne/JAG awards totaling $150,000. In FY 2010, the number of tribes that submitted crime data increased to 144 following collaborative efforts between agencies in the departments of Justice and Interior, with 22 tribes eligible for Byrne/JAG awards totaling $709,000 (table 1.1). More than 140 tribal law enforcement staff received UCR training Through Recovery Act funds, BJS developed and implemented the Tribal Crime Data project to further support the reporting of tribal crime to the UCR, and thereby establish eligibility for Byrne/JAG funds. The project is also part of BJS's larger effort to collect more reliable information on American Indians in the criminal justice system and crimes committed in Indian country. Through the Tribal Crime Data project, BJS conducted three training sessions in 2010, with more than 140 tribal members, on the use of the UCR systems. In 2011 the project provided training and technical assistance to tribes that did not meet FBI data quality guidelines or had not previously submitted complete crime data to BIA. Funding for improving criminal records To improve criminal records, BJS provided outreach to agencies in tribal jurisdictions through two competitive funding opportunities: * National Criminal History Improvement Program (NCHIP) solicitation, 2011 * National Instant Criminal Background Check System (NICS) Act Record Improvement Program (NARIP) solicitation, 2011. The TLOA made federally recognized tribes eligible for awards under BJS's NCHIP. State and tribal entities apply for NCHIP funds to enhance the crime fighting and criminal justice capabilities of governments by improving the accuracy, utility, and interstate accessibility of criminal history records. Jurisdictions also apply for NCHIP funds to enhance records of protective orders that involve domestic violence and stalking, sex offender records, automated identification systems, and other state systems that support national records systems and their use for criminal history background checks. BJS released the FY 2011 NCHIP solicitation on January 13, 2011, and collaborated with other OJP components to disseminate information about the NCHIP funding announcement as broadly as possible. Tribal contacts were alerted via email to the funding opportunity, and the solicitation was posted to the BJS and DOJ Tribal Safety and Justice websites. Information about the NCHIP funding opportunity was also presented during several meetings and a consultation in the fall and winter of 2010. Additionally, BJS developed an addendum to the solicitation that identified priority funding areas and eligibility requirements for tribal applicants. The addendum outlined key tribal priority areas activities related to-- * information technology systems to capture and transmit tribal issued domestic violence and stalking records to the FBI NCIC Protection Order File * automation and transmission of existing qualifying domestic violence and stalking records to the FBI NCIC Protection Order File. The NARIP implements the provisions of the NICS Improvement Amendments Act of 2007, enacted in the wake of the shooting tragedy at Virginia Tech and includes tribes as eligible entities. The NARIP funds provide assistance to eligible states and tribes to improve the completeness, automation, and transmittal of records needed by the NICS to identify persons prohibited from receiving or possessing a firearm. These records include prohibited mental health adjudications and commitments, felony convictions, felony indictments, fugitives from justice, drug arrests and convictions, domestic violence protection orders, and misdemeanor crimes of domestic violence. BJS will award FY 2011 NARIP funds to support efforts to improve the records used by NICS, by providing assistance to states and tribes to improve the completeness, automation, and transmittal of records to state and federal systems. BJS released the FY 2011 NARIP solicitation on March 15, 2011. The same process used to disseminate information about the NCHIP funding opportunity was followed to alert tribes to the NARIP solicitation. Subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law, BJS plans to competitively award NCHIP and NARIP funds in FY 2011. Eligible applications will be evaluated and scored by peer reviewers, and funding will be made based on the selection criteria outlined in the solicitations. **************** BJS is authorized to provide for improvements in the accuracy, quality, timeliness, immediate accessibility, and integration of state and tribal criminal history and related records (P.L. 111-211 & 251(b)(1)(H)). **************** **************** The director of BJS will establish and implement a tribal data collection system (P.L. 111-211 & 251(b)). **************** BJS established new collections and enhanced current programs In addition to collaborating with other federal agencies to improve tribal law enforcement reporting to the UCR, BJS developed a plan to collect information about tribal criminal justice systems. This multipronged approach both established new collections and enhanced current programs that serve the purposes of the TLOA. Through its ongoing statistical projects, BJS provided information on (1) suspects and defendants processed in the federal criminal justice system, including federal prosecutions of crimes committed in Indian country, (2) the incidence of crimes known to law enforcement that occur on tribal reservations or were reported by Indian country law enforcement authorities, (3) the characteristics of tribal law enforcement agencies, and (4) the characteristics of jails in Indian country. BJS plans to begin collecting information about the nature and operation of tribal court systems in 2012 (table 1.2). Survey of Tribal Court Systems BJS developed the Survey of Tribal Court Systems to build on BJS's previous Census of Tribal Justice Agencies (See Census of Tribal Justice Agencies in Indian Country, 2002, BJS Web, December 2005). The survey will gather administrative and operational information from tribal courts, prosecutors' offices, and indigent defense providers operating in the estimated 190 federally recognized tribal justice systems in the U.S. Subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law, BJS plans to award the Survey of Tribal Court Systems in FY 2011. BJS will work with the awardee and collaborating organizations to develop the data collection instrument and methodology. The instrument will include, at a minimum, measures of tribal court organization, court caseload, characteristics of prosecutors in tribal courts, and systems to provide indigent defense in tribal courts. Based on the results of the initial data collection, BJS will devise a strategy for conducting a regular data collection program among Indian country court systems. Census of State and Local Law Enforcement Agencies The Census of State and Local Law Enforcement Agencies provides data on staffing, functions, and expenditures. Data collected include the number of sworn and civilian personnel by state and type of agency, and functions performed by each agency. BJS analyzed and published findings from data collected in 2008, from the Census of State and Local Law Enforcement Agencies program, including 178 tribal law enforcement agencies. Survey of Jails in Indian Country The Survey of Jails in Indian Country data describe jails, confinement facilities, detention centers, and other facilities operated by tribal authorities or BIA. The annual report from the Survey of Jails in Indian Country includes data on the number of adults and juveniles held, type of offense, number of persons confined on the last weekday of each month, average daily population, peak population, and admissions at midyear. It also summarizes rated capacity, facility crowding, and jail staffing. The most recent report that describes findings from the 2009 survey was released in February 2011. National Census of State Court Prosecutors In 2007 BJS conducted the National Census of State Prosecutors, which was the second complete enumeration of all chief prosecutors who tried felony cases in state courts of general jurisdiction. The census collected information about whether district attorney offices have jurisdiction for prosecuting felony cases occurring in Indian country under P.L. 280, and what types of crimes the office prosecuted. The findings from this data collection are in State Prosecutors' Offices with Jurisdiction in Indian Country on page 21. Federal Justice Statistics Program The Federal Justice Statistics Program (FJSP) provides comprehensive and detailed information about the federal justice system's processing of criminal cases. The FJSP provides annual data on workload, activities, and outcomes associated with federal criminal cases. Information is acquired on all aspects of processing in the federal justice system, including arrests, prosecution decisions, referrals to magistrates, court dispositions, sentencing outcomes, sentence length, and time served. The FJSP receives the source data from the U.S. Marshals Service, Drug Enforcement Administration, Executive Office of U.S. Attorneys, Administrative Office of the U.S. Courts, U.S. Sentencing Commission, and the Federal Bureau of Prisons. BJS is currently developing research projects that will examine American Indian defendants who are processed in the federal justice system. Findings from the first of these projects, describing characteristics of American Indian youth who are processed in the federal criminal justice system, are in the Summary: Tribal Youth in the Federal Justice System on page 35. References Crime in the United States, 2009, U.S. Department of Justice, Federal Bureau of Investigation, September 2010. Jails in Indian Country, 2009, NCJ 232223, BJS Web, February 2011. State Prosecutors Offices with Jurisdiction in Indian Country, 2007, NCJ 234241, BJS Web, June 2011. Tribal Law Enforcement, 2008. NCJ 234217, BJS Web, June 2011. Summary: Tribal Youth in the Federal Justice System, NCJ 234218, BJS Web, June 2011. ------------------------------------------------------- The Bureau of Justice Statistics is the statistics agency of the U.S. Department of Justice. Contributing authors include Duren Banks, Steven W. Perry, and Allina Lee In addition to the authors, other BJS staff who contributed to verification include Paul Guerino, Tracey Kyckelhahn, and Tracy L. Snell. Morgan Young and Jill Thomas edited the report, Barbara Quinn designed and produced the report, and Jayne E Robinson and Tina Dorsey prepared the report for final printing under the supervision of Doris J. James. June 2011, NCJ 234518 --------------------------------------------------------- -------------------------------------------------------- Office of Justice Programs * Innovation * Partnerships * Safer Neighborhoods * http://www.ojp.gov -------------------------------------------------------- 6/21/2011 JER 12:41pm *