U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Jails in Indian Country, 2011 Todd D. Minton, BJS Statistician September 2012, NCJ 238978 ------------------------------------------ This report is one in series. More recent editions may be available. To view a list of all reports in the series go to http://www.bjs.gov/index.cfm?ty=pbse&sid=32 This file is text without graphics and many of the tables. A Zip archive of the tables in this report in Comma-delimited format (CSV) and the full report including tables and graphs in PDF format are available at: http://www.bjs.gov/index.cfm?ty=pbdetail&iid=4492 ---------------------------------------------- A total of 2,239 inmates were confined in 80 Indian country jails at midyear 2011 (figure 1). The 5.7% increase from the 2,119 inmates confined in 75 operating facilities at midyear 2010 was the result of 5 additional facilities operating in 2011. During the 12-month period between June 2010 and 2011, the average number of inmates per operating facility remained stable at about 28 inmates. On June 30, 2011, the number of American Indians and Alaska Natives confined in jails outside of Indian country (9,400) was about four times the number held in jails in Indian country. ***************************************** The number of jails operating in Indian Country increased between 2004 and 2011 ***************************************** Through the Annual Survey of Jails in Indian Country (SJIC), the Bureau of Justice Statistics (BJS) collected data from correctional facilities between 2004 and 2011. The survey was not conducted in 2005 or 2006. The number of known operating facilities increased from 68 in 2004 to 80 in 2011. Over the 7-year period, 11 facilities permanently closed and 21 facilities were newly constructed. Two facilities in 2011 (one adult and one juvenile) were treated as one respondent in 2010. A number of facilities were also determined to be out of scope of the survey, including four that were included in the 2009 survey, one in the 2010 survey, and three in the 2011 survey. BJS estimated inmate population counts for seven facilities in 2004 and four facilities in 2007 that did not respond to the surveys. All known operating facilities responded to the 2008 through 2011 surveys. (See Methodology for information on jails in Indian country, including details on facility counts and participation in the surveys.) ***************************************************** ************ HIGHLIGHTS ************ * Nationwide, 78,700 American Indians and Alaska Natives were under correctional supervision in the United States at midyear 2011. * About 62% of these offenders (49,000) were under supervision in the community on probation or parole in 2011, and 38% (29,700) were in prison or jail. * At midyear 2011, a total of 2,239 inmates were confined in Indian country jails, a 5.7% increase from the 2,119 inmates confined at midyear 2010. * The number of inmates admitted into Indian country jails (12,784) during June 2011 was about 6 times the size of the average daily population (2,106). * Fourteen jails held 52% of the total inmate population in Indian country at midyear 2011. * For the 80 facilities operating in June 2011, the average expected length of stay upon admission for inmates was 5 days. * About 3 in 10 inmates in Indian country jails were confined for a violent offense at midyear 2011, down from about 4 in 10 inmates in each year between midyear 2004 and midyear 2009. * Out of 74 responding jails, 8 in 10 Indian country jails screened inmates for infectious diseases, including tuberculosis (63 jails), hepatitis B (61 jails), hepatitis C (61 jails), and HIV (58 jails). ******************************************************* ***************************************** American Indians and Alaska Natives under correctional supervision ***************************************** The number of American Indians and Alaska Natives on probation or parole or incarcerated in jail or prison reached an estimated 78,700 at midyear 2011, which was similar to the number (78,900) in 2010 (figure 2). Among American Indians under any form of correctional supervision in 2011, most (62% or 49,000) were supervised in the community on probation or parole (table 1). A total of 29,700 American Indians were in jail or prison at midyear 2011, accounting for 1.3% of all inmates in custody in jail or prison in the United States. Over half (14,600) of incarcerated American Indians were held in state prison, and about 12% were held in federal prison (3,500). The remaining 11,639 were confined in local jails (9,400) and Indian country jails (2,239). In 2011, American Indians and Alaska Natives in Indian country jails in accounted for 7.5% of all American Indians and Alaska Natives confined in jail or prison nationwide. Some American Indians confined in local jails may have been adjudicated by a tribal criminal justice system and housed in jails under contracts with tribal, city, or county governments. Between midyear 2010 and 2011, the number of American Indians under correctional supervision remained relatively stable, although slight declines occurred in the population of American Indians confined in local jails (down 5.1%) and state prisons (down 2.0%). ******************************************************* Jurisdiction over crimes committed in Indian country ***************************************** The local governing authority on Indian lands is typically a tribal government or council. Jurisdiction over crimes in Indian country depends on several factors, including the identity of the victim and the offender, the severity of the crime, and the location where the crime was committed. Tribal jurisdiction includes crimes committed by Indians in Indian country. Federal jurisdiction over crime in Indian country includes 14 crimes under the Major Crimes Act of 1885 (18 U.S.C. & 1153), and state jurisdiction includes all crimes on tribal lands specified under Public Law 280 (18 U.S.C. 7 1162). Tribal rights to sentence offenders have been limited to 1 year of imprisonment, a $5,000 fine, or both (25 U.S.C. & 1302(7)). On July 29, 2010, the Tribal Law and Order Act of 2010 (TLOA) was signed into law, expanding tribal court sentencing authority. As a result, offenders may serve potentially lengthier sentences (up to 3 years) in Indian country correctional facilities (Pub.L. 111-211, H.R. 725, 124 Stat. 2258). ******************************************************* ***************************************** Percentage of occupied bed space on an average day in June remained stable ***************************************** At midyear 2011, the jail facilities in Indian country were rated to hold 3,188 inmates, an overall rated capacity that increased by 187 beds from 3,001 in 2010 (table 2). The change in capacity was mainly due to the increase from 75 operating facilities in 2010 to 80 in 2011. Based on the 75 facilities that reported rated capacity in both 2010 and 2011, the amount of bed space remained the same in 55 facilities, increased by 64 beds in 11 facilities, and declined by 72 beds in 9 facilities (not shown in table). When measured relative to the average daily population (ADP), the percentage of rated capacity occupied in Indian country jails remained stable in June 2010 (66.9%) and June 2011 (66.1%). This stability was the result of small changes in the ADP and the rated capacity in the 75 facilities that provided data in both years. When measured relative to the midyear inmate count, Indian country jails held a total of 2,239 inmates and were operating at 70% of rated capacity in 2011, remaining relatively stable since 2008. From June 2000 to June 2011, the overall rated capacity grew at a faster rate (up 54% from 2,076 in 2000 to 3,188 in 2011) than the midyear inmate population (up 26% from 1,775 to 2,239). ***************************************** Fourteen jails held more than half of all inmates ***************************************** Fourteen jails held 52% of the total Indian country jail inmate population at midyear 2011 (table 3). Between midyear 2010 and midyear 2011, the population in the 13 jails reporting data in both years increased by 81 inmates (up 8%). Over the 12-month period, 5 of these facilities experienced an increase of 145 inmates in their populations and 8 facilities experienced a decrease of 64 inmates. One facility was not operating in 2010. Among the 14 facilities holding the majority of inmates, the Oglala Sioux Tribal Offenders facility reported the largest increase (up 42 inmates or 78%) in the number of jail inmates from midyear 2010 to midyear 2011. The Gila River Department of Corrections and Supervision - Adult had the second largest increase in absolute numbers (up 40 inmates). The Navajo Department of Corrections -Window Rock reported the largest percentage change (up 85% or 35 inmates) between midyear 2010 (41 inmates) and midyear 2011 (76 inmates). The White Mountain Apache Detention Center (down 16 inmates) and the Standing Rock Law Enforcement and Adult Detention Center (down 15 inmates) reported the largest decreases in the inmate population between midyear 2010 and midyear 2011. Based on the 75 facilities responding to the survey in both 2010 and 2011, the inmate population declined by 4 inmates, from 2,086 inmates at midyear 2010 to 2,082 in 2011 (not shown in table). Nearly 60% of the 75 jails experienced either a decrease (41 jails) or no change (3 jails) in the size of their inmate populations over the 12-month period ending midyear 2011. Overall, the 36% increase (280 inmates) in the jail population in 31 jails was offset by a 22% decrease (284 inmates) in 41 jails. ***************************************** Jail population concentrated in facilities rated to hold 25 or more inmates ***************************************** Of the inmates confined in the 80 Indian country jails at midyear 2011, about 84% (1,885) were held in 47 facilities rated to hold 25 or more inmates (table 4). The 33 facilities with a rated capacity of fewer than 25 inmates accounted for about 41% of all facilities and held about 16% of all jail inmates in Indian country. The overall jail population ranged from a low of no inmates in 3 facilities to a high of 195 inmates in the Tohono O’odham Adult Detention Center, which held nearly 9% of the total population in Indian country jails at midyear 2011. ***************************************** Jails holding 50 or more inmates reported stability in their use of jail space in June 2011 ***************************************** The jails with a rated capacity of 50 or more inmates reported no change in use of their bed space in June 2011 (figure 3). The percentage of capacity occupied in these jails was 64% at midyear 2011 and on an average day in June. On their most crowded day in June 2011, the 16 largest jails were operating at 82% of their rated capacity. The 64 facilities rated to hold less than 50 inmates reported less stability at midyear 2011 (77%), on an average day in June 2011 (68%), and on their most crowded day in June 2011 (123%). About 44% (35 facilities) of the 80 facilities in 2011 were operating above rated capacity on the most crowded day in June, up from about 39% of the jails in 2010 (table 5). Of those 35 facilities, 17 were operating above rated capacity on June 30, and 15 were operating above rated capacity on an average day in June 2011. ***************************************** Sixteen jails were operating at more than 50% over capacity on their most crowded day in June 2011 ***************************************** Sixteen jails in Indian country reported operating at more than 50% over rated capacity on the facility’s most crowded day in June 2011, up from 15 facilities during June 2010 (table 6). Ten of these jails were rated to hold 25 or more inmates, and 6 were rated to hold fewer than 25 inmates. The San Carlos Department of Corrections and Rehabilitation-Adult (rated capacity of 108) and Tohono O’odham Adult Detention Center (rated capacity of 107) were the largest of these jails and operated at 66% and 87%, respectively, over capacity on their peak day in June 2011. Among the 16 facilities operating at more than 50% over rated capacity on their most crowded day in June 2011, six were also operating at more than 50% over capacity at midyear 2011 and four on an average day in June 2011. Four facilities—White Mountain Apache Detention Center (rated capacity based on 2010), Northern Cheyenne Adult Detention Center, Fort Belknap Adult Detention Center, and the Tohono O’odham Adult Detention Center—were operating at more than 50% over capacity on all three measures (midyear, most crowed day, and the average day in June 2011). ***************************************** Jail admissions declined in most Indian country jails ***************************************** During 2011, the 80 Indian country jails admitted 12,784 persons, up from the 12,545 persons admitted to the 75 operating facilities in June 2010 (table 7). The slight increase in admissions was the result of 5 additional facilities operating in June 2011. In 2011, admissions to facilities rated to hold between 25 and 49 inmates accounted for about half (6,299) of all admissions. The remaining jail admissions were measured in facilities rated to hold 10 to 24 inmates (27%), 50 or more inmates (22%), and small facilities rated to hold less than 10 inmates (2%) in June 2011. Despite an overall increase in Indian country jail admissions, the 73 facilities that provided data in both years reported an 8% decline, from 12,112 admissions in June 2010 to 11,169 in June 2011 (table 8). Nearly half of the decline came from the largest facilities rated to hold 50 or more inmates (down 21%). Consistent with the sharp decline in admissions and increase in ADP in these facilities, the average expected length of stay (the time held in custody from admission to release) increased from nearly 13 days in June 2010 to about 18 days in June 2011. The expected length of stay in all other categories remained relatively stable. ***************************************** A third of inmates were held for a violent offense ***************************************** While the number of inmates confined in Indian country jails increased between 2004 and 2011, the distribution of inmates by sex and age remained relatively stable (table 9). Adult males accounted for the largest portion of the inmate population in Indian country jails throughout the decade, as nearly 8 in 10 inmates were male. The female jail population had small increases through midyear 2010 and annually accounted for about 20% of the jail population. The distribution of inmates by conviction status and offense type experienced some change at midyear 2011. After the percentage of convicted inmates peaked in 2009 at 69%, it declined in 2011 to 57%. About 30% of inmates in Indian country jails were confined for a violent offense, including domestic violence, assault, rape or sexual assault, and other violence at midyear 2010 and 2011. This was down from about 4 in 10 inmates in each year between midyear 2004 and midyear 2009. Between midyear 2010 and 2011, while increases were seen in inmates charged with simple or aggravated assault, small declines were reported in the number of inmates held for other violent offenses (domestic violence, rape or sexual assault, and unspecified violent offenses). At midyear 2011, domestic violence (12%) and simple or aggravated assault (12%) accounted for the largest percentage of violent offenders. Inmates held for unspecified violence (4%) and rape or sexual assault (2%) accounted for about 6% of the jail population. Forty-eight facilities held at least one inmate for domestic violence. Seven facilities accounted for over half of the inmates held for domestic violence, and 17 facilities held 76% of all inmates confined for domestic violence. Similar patterns were observed among facilities holding inmates for simple or aggravated assault. Nine facilities held around half and 21 held three-quarters of the inmates confined for simple or aggravated assault. In total, 51 facilities (60% of all facilities) held at least one inmate for simple or aggravated assault. ***************************************** Continued increase in correctional staff ***************************************** The 78 Indian country jails that reported information on staff employed 1,607 persons at midyear 2011 (table 10). About 73% (1,180) of these personnel were jail operations staff, including correctional officers and other staff who spent more than 50% of their time supervising inmates. This was up from 69% of all staff during the same period in 2010. Based on the 75 facilities that reported on staffing in both 2010 and 2011, the number of jail operations staff increased nearly 9% (87 persons) (not shown in a table). Overall, the ratio of inmates to jail operations employees was 1.8 inmates to 1 jail operations employee at midyear 2011, down from 2.1 to 1 in 2010, and 2.5 to 1 in 2004. The remaining 427 jail personnel in 2011 in these 78 Indian country jails included administrative employees, educational staff, technical or professional staff, clerical, maintenance or food service staff, and staff performing other job functions. ***************************************** Attempted suicides in Indian country jails declined since 2002 ***************************************** Indian country jail authorities reported 1 death in custody during the 12-month period ending June 30, 2011. Two deaths were reported during the 12-month period ending June 30, 2010, no deaths were reported during 12- month period ending June 30, 2009, and 4 deaths were reported during the 12-month period ending June 30, 2008 (not shown in a table). During the 12-month period ending June 30, 2011, 76 facilities reported a combined 33 attempted suicides. The number of attempted suicides by inmates increased from 20 in 2010 to 31 in 2011, based on 69 facilities reporting valid data on attempted suicide in both years. Since 2002 when attempted suicides peaked, the number of attempted suicides declined by nearly 90%. Based on facilities reporting in both years, the number of attempted suicides declined from 215 in 2002 to 28 in 2011.***FOOTNOTE *The number of attempted suicides may differ from previous published counts, see Methodology for details.*** ***************************************** Nearly all Indian country jails provided medical and mental health services to inmates ***************************************** An addendum to the 2011 Annual Survey of Jails in Indian Country obtained in-depth data on inmate health services and facility programs. For the second time since 2004, information was collected on HIV, hepatitis B and C, and tuberculosis. Other questions in the addendum asked about inmate medical services, mental health services, suicide prevention procedures, substance dependency programs, domestic violence counseling, sex offender treatment, educational programs, and inmate work assignments. Seventy-five of the 80 facilities surveyed responded to at least a portion of the addendum, covering 90% (2,023) of the 2,239 inmates held at midyear 2011. All facilities (75) responding to the addendum provided inmates with some form of medical service on or off facility grounds (table 11). Out of 73 facilities responding to questions on mental health services provided to inmates, 68 provided some form of service including screening at intake, psychiatric evaluation, 24-hour care, psychotropic medication, routine therapy or counseling, and community mental health referral services. Out of 74 responding facilities, 71 reported following at least one suicide prevention procedure, with 69 assessing inmates at intake for risk of suicide and 68 maintaining specific cells or locations for inmates at risk. Other suicide prevention procedures included monitoring and providing special inmate counseling for high-risk offenders and training staff in risk assessment and suicide prevention. Eight in 10 of the 74 responding Indian country jails screened inmates for infectious diseases, including tuberculosis (63 jails), hepatitis B (61 jails), hepatitis C (61 jails), and HIV (58 jails). Possible testing procedures included screening inmates at admission to jail, at regular intervals while inmates were confined, at random, upon request, after inmates were exposed to the active disease or involved in an incident, upon clinical indication of need, and at release from jail. **************************************** Alcohol and drug dependency programs were available to inmates in about 70% of Indian country jails ***************************************** At midyear 2011, between 68 and 75 facilities reported on the availability of treatment, counseling, and special programs for inmates confined in Indian country jails. These programs included— Treatment and counseling programs ---------------------------------- * Alcohol dependency counseling or awareness programs were available on or off the facility grounds in 62 facilities (table 12). * Counseling programs to address drug dependency were available on or off the facility grounds in 59 Indian country jails. * Sex offender treatment was available in 8 facilities. * Domestic violence counseling was available in 40 facilities. * Life skills and religious/spiritual counseling programs ***************************************** Life skills and community adjustment training, including personal finance and conflict resolution programs, were available in 25 facilities. ***************************************** * Parenting and child rearing skill classes were available in 35 facilities. * Religious and spiritual counseling programs were available on or off the facility grounds in 56 facilities. ***************************************** Employment and educational programs ***************************************** * Seventeen facilities offered vocational training and classes in job seeking and interviewing skills. * Nearly half of the facilities (36) offered a GED program to inmates. * Accredited education programs for inmates that included basic and high school classes were available to inmates in 31 facilities. * Tutors and special education needs programs for inmates with learning disabilities were each available 17 facilities in 2011. * Thirteen facilities (18%) offered college-level classes to inmates. ***************************************** Nearly 70% of facilities in Indian country provided work assignments for inmates in 2011 ***************************************** Out of 74 responding facilities, 51 offered inmates assignments in office and administrative work, food service, facility cleaning, building maintenance, and public work assignments outside facility grounds (not shown in a table). Public work assignments, such as road, park, or other public maintenance, were available to inmates in 28 facilities. About 9% of the facilities (7) offered inmates farming or agricultural work assignments. Three facilities offered inmates work assignments in correctional industries, which included working with wood products, textiles, and manufacturing services. ***************** Methodology ***************** The Bureau of Justice Statistics’ (BJS) Annual Survey of Jails in Indian Country (SJIC) includes all known Indian country correctional facilities operated by tribal authorities or the Bureau of Indian Affairs (BIA), U.S. Department of the Interior. The survey was conducted in June 2011 and included the number of inmates and percent of capacity occupied based on the average daily population (ADP), midyear population, and peak population in facilities in June 2011 (appendix table 1). The midyear count is the number of inmates held on the last weekday in June, ADP is the number of inmates confined each day in June divided by 30, and the peak population is the number of inmates held on the day in June in which the custody population of a facility was the largest. Also in 2011, the survey included an addendum that collected in-depth data on inmate health services and facility programs (appendix tables 5-14). Seventy-five out of 80 facilities responded to at least a portion of the addendum. Through a cooperative agreement with BJS, Westat, Inc. conducted the SJIC to describe all adult and juvenile jail facilities and detention centers in Indian country. For this report, Indian country includes reservations, pueblos, rancherias, and other appropriate areas (18 U.S.C. & 1151). The reference date for the survey is June 30, 2011. Indian country is a statutory term that includes all lands within an Indian reservation, dependent Indian communities, and Indian trust allotments (18 U.S.C. & 1151). Courts interpret Section 1151 to include all lands held in trust for tribes or their members. (See United States v. Roberts, 185 F.3d 1125 (10th Cir. 1999).) Tribal authority to imprison American Indian offenders had been limited to one year per offense by statute (25 U.S.C. & 1302), a $5,000 fine, or both. On July 29, 2010, the Tribal Law and Order Act of 2010 (TLOA) was signed into law, expanding tribal court sentencing authority. As a result, offenders may serve potentially lengthier sentences (up to 3 years) in Indian country correctional facilities (Pub.L. 111-211, H.R. 725, 124 Stat. 2258). Tribal law enforcement agencies act as first responders to both felony and misdemeanor crimes. For most of Indian country, the federal government provides felony law enforcement concerning crimes by or against Indians. Certain areas of Indian country are under Public Law 83- 280, as amended. Public Law 280 conferred jurisdiction over Indian country to certain states and suspended enforcement of the Major Crimes Act (18 U.S.C. & 1153) and the General Crimes Act (18 U.S.C. & 1152) in those areas. Indian tribes retain concurrent jurisdiction to enforce laws in Indian country where P.L. 280 applies. Annually, BIA provides BJS a list of Indian country jail facilities, including detention centers, jails, and other correctional facilities operated by tribal authorities or BIA. BJS uses this list to update its existing roster of jails in Indian country. BJS obtains data from administrators of Indian country jails by faxed questionnaires and through follow-up phone calls and facsimiles. In 2004, BJS contacted administrators in 70 facilities to participate in the survey. BJS received responses from 61 facilities. Seven facilities did not respond, and two facilities were not operating. In 2007, BJS’s roster consisted of 86 facilities. Seventy-nine of the facility administrators responded to the survey, four did not respond, and three facilities were not operating. In 2008, BJS’s roster of Indian country jails consisted of 85 facilities. BJS received responses from 82 facility administrators. There were no nonrespondents, and three facilities were not operating. For 2009, BJS’s roster consisted of 86 facilities. BJS received responses from 80 facility administrators. There were no nonrespondents and six facilities not operating. Prior to the 2010 data collection, one facility in the 2009 universe was determined to be closed, resulting in a revised (79 facilities) facility count. For 2010, BJS’s roster consisted of 86 facilities. Prior to the survey collection, seven facilities were closed, not operating, or out of scope, resulting in a survey universe of 79 facilities. During the survey collection, BJS determined that four facilities were holding cells and were out of scope, resulting in a final universe of 75 Indian country jails. BJS received responses from all 75 facility administrators. For comparison over time, BJS estimated data on inmate populations for the seven facilities in 2004 and four facilities in 2009 that did not respond to the surveys. For 2011, BJS’s roster consisted of 88 facilities. Prior to the survey collection, six facilities were closed, not operating, or out of scope, resulting in a survey universe of 82 facilities. During the survey collection, BJS determined that three additional facilities were holding cells and were out of scope, and one facility was added to the list, resulting in a final universe of 80 Indian country jails. BJS received responses from all 80 facility administrators. ***************************************** Attempted suicides 2002 and 2011 ***************************************** When analyzing data on attempted suicides, an analysis of the number of facilities reporting in both years is necessary to draw a meaningful comparison. For 2002, data on attempted suicides (282) were reported from 64 of the 70 facilities in operation. For 2011, data on attempted suicides (33) were reported from 76 of the 80 facilities in operation. Over this period, a number of facilities were closed, newly constructed, and built to house juvenile only inmates. Facilities reporting attempted suicides in both years (58) included 52 matching facilities and an additional 6 tribes that operated 6 juvenile-only facilities in 2011 that that were not in operation in 2002; however, those 6 tribes previously included 6 facilities that held both adult and juvenile inmates in 2002. Six facilities did not response in 2002 or did not respond in 2011. Twelve facilities in 2002 were closed in 2011 and 15 facilities in 2011 were not in operation in 2002. ************************* Expected length of stay ************************* The stock-flow ratio method was used to measure the expected average length of stay for inmates held during June 2011 in the 80. Data were estimated for two facilities in 2011 that did not report their ADP and admissions. Stock--average daily population = 2,106 Flow--inmate admissions during June 2011 = 12,784 Stock-flow ratio in June 2011 = 0.165 (2,106/12,784 = 0.165) Expected length of stay in days (the average number of days held in custody from admission to release) = 4.9 days (0.165 x 30 days = 4.9) *************************************** The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. James P. Lynch is the director. This report was written by Todd D. Minton. Margaret Noonan provided statistical review and verification of the report. At Westat, Karla Eisen carried out the data collection and processing with the assistance of Melissa Wilson. Mary Ann Deak produced the appendix tables. Vanessa Curto and Jill Thomas edited the report, and Tina Dorsey produced the report under the supervision of Doris J. James. September 2012, NCJ 238978 *************************************** ************************* Office of Justice Programs Innovation • Partnerships • Safer Neighborhoods www.ojp.usdoj.gov ************************** 9/11/2012/JER/11:45am