34 USC 12109 - Payments for incarceration on tribal lands

U.S Code last checked for updates: Nov 23, 2024

§ 12109.

Payments for incarceration on tribal lands

(a)

Reservation of funds

(b)

Grants to Indian tribes

(1)

In general

From the amounts reserved under subsection (a), the Attorney General shall provide grants—

(A)

to Indian tribes for purposes of—

(i)

construction and maintenance of jails on Indian land for the incarceration of offenders subject to tribal jurisdiction;

(ii)

entering into contracts with private entities to increase the efficiency of the construction of tribal jails; and

(iii)

developing and implementing alternatives to incarceration in tribal jails;

(B)

to Indian tribes for the construction of tribal justice centers that combine tribal police, courts, and corrections services to address violations of tribal civil and criminal laws;

(C)

to consortia of Indian tribes for purposes of constructing and operating regional detention centers on Indian land for long-term incarceration of offenders subject to tribal jurisdiction, as the applicable consortium determines to be appropriate.

(2)

Priority of funding

in 1

 So in original. Probably should be capitalized.

providing grants under this subsection, the Attorney General shall take into consideration applicable—

(A)

reservation crime rates;

(B)

annual tribal court convictions; and

(C)

bed space needs.

(3)

Federal share

(c)

Applications

(d)

Long-term plan

Not later than 1 year after July 29, 2010, the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with tribal leaders, tribal law enforcement officers, and tribal corrections officials, shall submit to Congress a long-term plan to address incarceration in Indian country, including—

(1)

a description of proposed activities for—

(A)

construction, operation, and maintenance of juvenile (in accordance with section 2453(a)(3) of title 25) and adult detention facilities (including regional facilities) in Indian country;

(B)

contracting with State and local detention centers, on approval of the affected tribal governments; and

(C)

alternatives to incarceration, developed in cooperation with tribal court systems;

(2)

an assessment and consideration of the construction of Federal detention facilities in Indian country; and

(3)

any other alternatives as the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with Indian tribes, determines to be necessary.

(Pub. L. 103–322, title II, § 20109, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–20; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; amended Pub. L. 111–211, title II, § 244, July 29, 2010, 124 Stat. 2294.)

cite as: 34 USC 12109