Survey of Jails in Indian Country

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). Prior to July 29, 2010, tribal authority to imprison American Indian or Alaska Native offenders had been limited by statute (25 U.S.C. § 1302) to 1 year, a $5,000 fine, or both per offense. On July 29, 2010, the Tribal Law and Order Act of 2010 was signed into law, expanding the sentencing authority of tribal courts. As a result, offenders may serve potentially longer sentences (up to 3 years per offense and up to 9 years per multioffense case) in correctional facilities in Indian country (P.L. 111–211, H.R. 725, 124 Stat. 2258).