§2433 — Title 25 Indians | U.S. Code

Summary

Allows tribal plans to create, pay for, license, and run emergency shelters and halfway houses for Indian youth who abuse alcohol or drugs, including youth arrested for related offenses. Halfway houses can be used when youth first enter care or as follow-up after long-term treatment. The Indian Health Service, the Bureau of Indian Affairs (BIA), and tribes can use their own staff and resources to run these places. If a youth is arrested or held by BIA or tribal police for an alcohol- or drug-related offense (not a status offense under the Juvenile Justice and Delinquency Prevention Act of 1974), and cannot immediately go home, the youth must be sent to a licensed, supervised shelter or halfway house instead of a locked jail when space is available, unless the youth is dangerous. BIA and tribal courts are encouraged to send convicted youth to these facilities instead of jails when space exists. States that have criminal authority in Indian country are urged to place such youth in shelters or community treatment and to follow the required standards. The Assistant Secretary of Indian Affairs must create those operating standards as part of the Memorandum of Agreement. Congress authorized $10,000,000 per year for fiscal years 2011–2015 for planning and facilities, and $5,000,000 for fiscal year 1993 and $7,000,000 per year for fiscal years 2011–2015 for staffing and operations. The Interior Secretary must distribute money by need, and tribes may get funds as contracts or grants under the Indian Self-Determination Act. Funds may be used to buy or lease land or buildings if no federal property is available and the tribe agrees to use them for these shelters. Nothing here limits other grant or contract authority under the Indian Self-Determination Act or requires tribes to lease their facilities to the United States to get help.

Title 25, §2433

Indians — Source: USLM XML via OLRC

(a)A Tribal Action Plan adopted pursuant to section 2412 of this title may make such provisions as may be necessary and practical for the establishment, funding, licensing, and operation of emergency shelters or half-way houses for Indian youth who are alcohol or substance abusers, including youth who have been arrested for offenses directly or indirectly related to alcohol or substance abuse. Half-way houses may be used as either intake facilities or aftercare facilities for youth admitted, or to be admitted, for long-term treatment of substance abuse. The Indian Health Service, the Bureau of Indian Affairs, and the tribes are authorized to use their respective resources to adequately staff and operate any such facility.

(b)(1)In any case where an Indian youth is arrested or detained by the Bureau of Indian Affairs or tribal law enforcement personnel for an offense relating to alcohol or substance abuse, other than for a status offense as defined by the Juvenile Justice and Delinquency Prevention Act of 1974 [34 U.S.C. 11101 et seq.], under circumstances where such youth may not be immediately restored to the custody of his parents or guardians and where there is space available in an appropriately licensed and supervised emergency shelter or half-way house, such youth shall be referred to such facility in lieu of incarceration in a secured facility unless such youth is deemed a danger to himself or to other persons.

(2)In any case where there is a space available in an appropriately licensed and supervised emergency shelter or half-way house, the Bureau of Indian Affairs and tribal courts are encouraged to refer Indian youth convicted of offenses directly or indirectly related to alcohol and substance abuse to such facilities in lieu of sentencing to incarceration in a secured juvenile facility.

(c)In the case of any State that exercises criminal jurisdiction over any part of Indian country under section 1162 of title 18 or section 1321 of this title, such State is urged to require its law enforcement officers to—

(1)place any Indian youth arrested for any offense related to alcohol or substance abuse in a temporary emergency shelter described in subsection (d) or a community-based alcohol or substance abuse treatment facility in lieu of incarceration to the extent such facilities are available, and

(2)observe the standards promulgated under subsection (d).

(d)The Assistant Secretary of Indian Affairs shall, as part of the development of the Memorandum of Agreement set out in section 2411 of this title, promulgate standards by which the emergency shelters established under a program pursuant to subsection (a) shall be established and operated.

(e)(1)For the planning and design, construction, and renovation of, or purchase or lease of land or facilities for, emergency shelters and half-way houses to provide emergency care for Indian youth, there are authorized to be appropriated $10,000,000 for each of fiscal years 2011 through 2015.

(2)For the staffing and operation of emergency shelters and half-way houses, there are authorized to be appropriated $5,000,000 for fiscal year 1993 and $7,000,000 for each of fiscal years 2011 through 2015.

(3)The Secretary of the Interior shall allocate funds appropriated pursuant to this subsection on the basis of priority of need of the various Indian tribes and such funds, when allocated, shall be subject to contracting or available for grants pursuant to the Indian Self-Determination Act [25 U.S.C. 5321 et seq.].

(4)Funds appropriated under the authority of this subsection may be used by any Indian tribe or tribal organization to purchase or lease any land or facilities if—

(A)the Secretary of the Interior determines that no Federal land or facilities are reasonably available for emergency shelters or halfway 11 So in original. Probably should be “half-way”. houses described in subsection (a) to serve the needs of that Indian tribe or tribal organization, and

(B)the Indian tribe or tribal organization enters into an agreement with the Secretary of the Interior that requires the Indian tribe or tribal organization to use the land or facilities for emergency shelters or half-way houses described in subsection (a).

(5)Nothing in this Act may be construed—

(A)to limit the authority for contracts with, or grants to, Indian tribes or tribal organizations under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] for the construction, improvement, renovation, operation, repair, land acquisition, or maintenance of tribal juvenile detention facilities, emergency shelters, or half-way houses, or

(B)to require a lease of tribal facilities to the United States to qualify for financial assistance for the facilities under this chapter or any other Act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (b)(1), is Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109, which is classified principally to chapter 111 (§ 11101 et seq.) of Title 34, Crime Control and Law

Enforcement

. For complete classification of this Act to the Code, see

Short Title

of 1974 Act note set out under section 10101 of Title 34 and Tables. The Indian Self-Determination Act, referred to in subsec. (e)(3), (5)(A), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 5301 of this title and Tables. This Act, referred to in subsec. (e)(5), is Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207, known as the Anti-Drug Abuse Act of 1986. For complete classification of this Act to the Code, see

Short Title

of 1986 Amendment note set out under section 801 of Title 21, Food and Drugs, and Tables.

Amendments

2010—Subsec. (e)(1). Pub. L. 111–211, § 241(c)(1), substituted “each of fiscal years 2011 through 2015.” for “fiscal year 1993 and such sums as may be necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.” Subsec. (e)(2). Pub. L. 111–211, § 241(c)(2), substituted “each of fiscal years 2011 through 2015.” for “each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.” Subsec. (e)(4), (5). Pub. L. 111–211, § 241(c)(3), realigned margins. 1992—Subsec. (e)(1), (2). Pub. L. 102–573 amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) read as follows: “(1) For the planning and design,

Construction

, and renovation of, or purchase or lease of land or facilities for, emergency shelters or half-way houses to provide emergency care for Indian youth, there is authorized to be appropriated $5,000,000 for the fiscal year 1989 and $3,000,000 for each of the fiscal years 1990, 1991, and 1992. “(2) For the staffing and operation of emergency shelters and half-way houses, there is authorized to be appropriated $3,000,000 for the fiscal year 1989 and $3,000,000 for fiscal year 1990. An amount equal to the amount of funds appropriated pursuant to this paragraph for fiscal year 1990 shall be included in the base budget of the Bureau of Indian Affairs and funding thereafter shall be pursuant to section 13 of this title.” 1990—Subsec. (e)(1). Pub. L. 101–272, § 1(1), inserted “, or purchase or lease of land or facilities for,” after “renovation of”. Subsec. (e)(3). Pub. L. 101–272, § 1(2), inserted “or available for grants” after “subject to contracting”. Subsec. (e)(4), (5). Pub. L. 101–272, § 1(3), added pars. (4) and (5). 1988—Subsec. (a). Pub. L. 100–690, § 2207(a), inserted provisions which permitted half-way houses to be used as either intake facilities or aftercare facilities, and authorized Indian Health Service, Bureau of Indian Affairs, and tribes to use resources to staff and operate such facilities. Subsec. (e). Pub. L. 100–690, § 2207(b), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “For the planning and design,

Construction

, and renovation of emergency shelters or half-way houses to provide emergency care for Indian youth, there is authorized to be appropriated $5,000,000 for each of the fiscal years 1987, 1988, and 1989. For the operation of emergency shelters or half-way houses there is authorized to be appropriated $3,000,000 for each of the fiscal years 1987, 1988, and 1989. The Secretary of the Interior shall allocate funds appropriated pursuant to this subsection on the basis of priority of need of the various Indian tribes and such funds, when allocated, shall be subject to contracting pursuant to the Indian Self-Determination Act.”

§2433 Emergency shelters

Summary

Title 25, §2433

Notes & Related Subsidiaries

Editorial Notes

References in Text

Enforcement

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Amendments

Construction

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