BIA OJS Detention Programs

The ultimate mission of BIA OJS Corrections is ensuring Indian Country facilities are operated in a safe, secure, and humane manner. The mission of the Office of Justice Services (OJS) is to uphold Tribal sovereignty and provide for the safety of Indian communities by ensuring the protection of life and property, enforcing laws, maintaining justice and order, and by ensuring that sentenced American Indian offenders are confined in safe, secure, and humane environments. Ensuring public safety and justice is arguably the most fundamental of government services provided in Tribal communities. Authority to enforce laws, including detention of offenders, is derived from 25 U.S.C. Section 2801 et seq. (Indian Law Enforcement Reform Act), 104 Stat. 473, Pub. L. 101-379, as amended; 124 Stat. 2262, Pub. L. 111-211 (Tribal Law and Order Act). Authority to further the development, operation, and enhancement of Tribal justice systems and BIA Courts of Indian Offenses is derived from 25 U.S.C. Section 3601 (Tribal Justice Support Act).  Section 3611 tasks OJS with three functions: schedule and coordinate independent Tribal court reviews and complete these reviews annually; schedule training and technical assistance to Tribes and tribal organizations focusing on setting up and empowering Tribal courts; and study and conduct research on Tribal justice systems. Jurisdiction: The Office of Justice Services holds jurisdiction over crimes committed within Indian Country as defined by 18 U.S.C. '1151(a), (b) &; (c) - formal [recognized treaty boundaries] & informal [Tribal trust lands] reservations (including rights-of-way/roads), dependent Indian communities, & (c) Indian allotments held in trust or restricted status (including rights-of-way/roads) where no congressional grant of jurisdiction to state government over the Indian country involved exists. Programs address major Federal crimes as well as state crimes assimilated into Federal statutes, such as murder, manslaughter, child sexual abuse, kidnapping, rape, assault, arson, burglary, robbery, and the production, sale or distribution of illegal drugs. (Authority: Major Crimes Act - 18 U.S.C. 1153 & state code) Tribal criminal codes are also enforced. (Authority: tribal code or 25 CFR Pt. 11, if a CFR Court of Indian Offenses)

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