PRIA, Government Policy, Made Personal

Summary

The Secretary may make contracts, grants, or agreements with Indian tribes under the Indian Self-Determination and Education Assistance Act when Congress provides money. These funds help tribes build and run tribal justice systems and keep traditional tribal courts. Money can pay for things like planning; hiring judges, prosecutors, defenders, and other court staff; training; law libraries and legal research; writing and publishing tribal laws and court rules; records systems; building or fixing justice facilities; membership in professional groups; and other cultural or innovative programs such as alternative dispute resolution, victims services, probation or diversion, juvenile services, child-abuse investigations, and traditional tribal justice practices. Within 180 days after December 3, 1993, the Secretary must create a formula, with full tribal participation, to set base support funding. The Secretary must study caseloads and staffing needs while considering local geography and population and must use survey data and relevant court standards. The funding formula must take into account caseload and staffing needs, area and population served, case volume and complexity, projected cases per month, projected numbers on probation or diversion, and any special circumstances. The Secretary must make sure the money is distributed fairly.

Title 25, §3613

Indians, Source: USLM XML via OLRC

(a)In general

Pursuant to the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.], the Secretary is authorized (to the extent provided in advance in appropriations Acts) to enter into contracts, grants, or agreements with Indian tribes for the performance of any function of the Office and for the development, enhancement, and continuing operation of tribal justice systems and traditional tribal judicial practices by Indian tribal governments.

(b)Purposes for which financial assistance may be used

Financial assistance provided through contracts, grants, or agreements entered into pursuant to this section may be used for— (1)

(2)the employment of tribal court personnel, including tribal court judges, prosecutors, public defenders, appointed defense counsel, guardians ad litem, and court-appointed special advocates for children and juveniles;

(3)training programs and continuing education for tribal judicial personnel;

(4)the acquisition, development, and maintenance of a law library and computer assisted legal research capacities;

(5)the development, revision, and publication of tribal codes, rules of practice, rules of procedure, and standards of judicial performance and conduct;

(6)the development and operation of records management systems;

(7)the construction or renovation of facilities for tribal justice systems;

(8)membership and related expenses for participation in national and regional organizations of tribal justice systems and other professional organizations; and

(9)the development and operation of other innovative and culturally relevant programs and projects, including (but not limited to) programs and projects for—

(A)alternative dispute resolution;

(B)tribal victims assistance or victims services;

(C)tribal probation services or diversion programs;

(D)juvenile services and multidisciplinary investigations of child abuse; and

(E)traditional tribal judicial practices, traditional tribal justice systems, and traditional methods of dispute resolution.

(c)Formula

(1)Not later than 180 days after December 3, 1993, the Secretary, with the full participation of Indian tribes, shall establish and promulgate by regulation, a formula which establishes base support funding for tribal justice systems in carrying out this section.

(2)The Secretary shall assess caseload and staffing needs for tribal justice systems that take into account unique geographic and demographic conditions. In the assessment of these needs, the Secretary shall work cooperatively with Indian tribes and tribal organizations and shall refer to any data developed as a result of the surveys conducted pursuant to section 3612 of this title and to relevant assessment standards developed by the Judicial Conference of the United States, the National Center for State Courts, the American Bar Association, and appropriate State bar associations.

(3)Factors to be considered in the development of the base support funding formula shall include, but are not limited to—

(A)the caseload and staffing needs identified under paragraph (2);

(B)the geographic area and population to be served;

(C)the volume and complexity of the caseloads;

(D)the projected number of cases per month;

(E)the projected number of persons receiving probation services or participating in diversion programs; and

(F)any special circumstances warranting additional financial assistance.

(4)In developing and administering the formula for base support funding for the tribal judicial systems under this section, the Secretary shall ensure equitable distribution of funds.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (a), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) 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.

Amendments

2010—Subsec. (b)(2). Pub. L. 111–211 added par. (2) and struck out former par. (2) which read as follows: “the employment of judicial personnel;”.

§3613 Base Support Funding for Tribal Justice Systems