Bureau of Indian Affairs Office of Justice Services

Bureau of Indian Affairs Office of Justice Services DIVISION OF CORRECTIONS “IC DETENTION OVERVIEW” Patricia Broken Leg Brill, Chief of Corrections Vincente Anchondo, District III Supervisory Correctional Spc March 28, 2010 - WNA

Statutory Authority n n BIA, OJS has the responsibility to provide criminal justice remedial actions, correctional and detention services, and rehabilitation in Indian Country per 25 CFR 2802 & PL 101 -379 (ILERA 1990) Currently, the PL 111 -211, Tribal Law and Order Act, 2010, authorizes accountability and long term detention plan. This will be discussed towards the end of the presentation.

Delegation of Authority n The Deputy Director, BIA, OJS, is delegated the responsibility for the development of a corrections program, development of policies & standards, and management of all BIA Corrections & Tribal Corrections under the PL 93 -638, as amended, 25 USC 450. n The responsibility of BIA Division of Corrections is delegated to the Deputy Director of Operations whom reports to the Director of Office of Justice Services. n The Associate Director of Corrections reports to the Deputy Director of Operations.

25 CFR, Subchapter B-Law & Order, Part 10, INDIAN COUNTRY DETENTION FACILITIES & PROGRAMS n n n 25 CFR, Subchapter B- Law & Order, Part 10, Indian Country Detention Facilities & Programs, identifies the importance of adherence to policies and standards. BIA Corrections is responsible for development & implementation of policies to all BIA Detention Programs, as well as accountability for all BIA Direct Services Programs, Tribal Jails, PL 93 -638, and Self-Governance Programs throughout Indian Country. BIA Corrections is also charged with the responsibility to ensure that detention services are available in accordance with policy which fosters a safe, secure, and humane environment to facilitate rehabilitation.

History - Indian Country Detention n 1968 -1979: Law Enforcement Administration Assistance. IC detention facilities built with LEAA grants. established to reduce crime & strengthen criminal justice system. n 1980: Planning of New Institutions (PONI). PONI Planning Teams, comprised of Assiniboine & Sioux, Cheyenne River Sioux, Colville Confederated Tribes, Gila River Indian Community, Mississippi Band of Choctaws, Navajo Nation-Chinle, Crownpoint, Kayenta, Shiprock &Tuba City, Oglala Sioux Tribe, Pima-Maricopa Indian Community, Sac & Fox & Ute Mountain Ute Tribes. n 1990: Indian Law Enforcement Reform Act, PL 101 -279. Under the authority of 25 CFR 2802, gave the BIA the responsibility to provide Law Enforcement services in Indian Country, including detention on approximately 56 million acres of Indian Country in 35 states. n 1995: The Hollyman Report. A comprehensive study and assessment of existing Indian Country detention facilities which noted replacement versus renovation costs, floor plans and narratives. n 1996: Bureau of Indian Affairs Detention Standards. The adults & juvenile detention standards was published in addition to the Adult, Juvenile and Inmate Handbooks.

History - IC Detention (con’t) n 1996: DOJ Bureau of Justice Assistance Grants for correctional facilities on tribal lands-23 American Indian & Alaska Native communities are recipients of the grants. n April 1997: NIC Jail Administrator’s Meeting. The NIC Jails Division hosted the 1 st Indian country jail administrators meeting in Albuquerque, NM. 54 participants from jails throughout IC. The network continued with 2 meetings per year sponsored by NIC. n August 1997: Presidential Directive on Law Enforcement in Indian Country. An Executive Committee is established to provide AG & DOI of an analysis & options for law enforcement improvements in Indian country. n October 1997: Final Report to the Attorney General & the Secretary of the Interior. US Attorney’s office held tribal consultations in Indian country on law enforcement. 205 of 332 tribes (62%) participated. 2 OPTIONS: A) Consolidate the 3 major law enforcement programs under the line authority of OLES, with technical assistance and training provided by US DOJ; B) Transfer all 3 major law enforcement BIA programs to the Department of Justice. n June 3, 1998: ASIA Testifies Before SCIA. Re: lack of adequate detention facilities, their generally decrepit conditions, the problems in maintaining & staffing the jails, and lack of juvenile facilities, which resulted in placement of juveniles in adult facilities. .

History - IC Detention (con’t) n 1998: BIA OLES Direct Line Supervision. Established purusant to the 1997 Executive Committee report on law enforcement in Indian Country. n 1998: Attorney General Janet Reno’s Statement to SCIA. “Tribal law enforcement agencies are understaffed and under funded, lacking uniform police, criminal investigators, and detention staff…… Indian jails are severely inadequate & antiquated. Most Indian Country jails are in such poor condition that they are out of compliance with contemporary building codes and professional jail standards. ” n 1998 &1999: US DOJ/BJA – Jails in Indian Country. Findings of surveys of 69 IC jail highlights: IC facilities held 1, 621 inmates in custody. In June 1999 -8147 offenders were held & 7, 744 were discharged. n 1999: BIA Detention Specialist Positions. 3 DS positions were established to begin oversight of IC detention programs. n October 2001: IACP takes a position - ‘Improving Safety in Indian Country”. IACP recommended federal government should immediately & permanently increase funding it provides for tribal justice systems, including detention facilities, and the federal agencies that complement their work; and revisit the proposal to move funding and oversight of Indian country law enforcement from DOI to US DOJ.

History - IC Detention (con’t) n 2001: US DOJ Bureau of Justice Assistance Partners w/ NIJ. To provide technical assistance to tribes receiving grants for new facilities on tribal lands. JPI became contractor providing the TA to grant awardees. n March 2004: BIA Direct Line Authority for Detention. Div. Cor established. n April 2004: OIG Interim Report on IC Detention Facilities. Highlights deplorable conditions existing in some IC facilities including deaths, suicides, attempted suicides, escapes and other officer safety issues. n September 17, 2004 “Neither Safe Nor Secure”. OIG inspectors visited 27 sites. The assessment found evidence of a continuing crisis of inaction, indifference, and mismanagement throughout the BIA detention program. 25 recommendations were identified in the OIG report.

History - IC Detention (con’t) In hindsight…. n Various components of Indian Criminal Justice systems has been assessed repeatedly over the decades. n Grants of all types have been available to Indian Country since the ‘ 70 s as well as recommendations; however, the focus on one component of the CJ system and never a comprehensive approach.

Due to the 2004 Jail Report… n 25 Recommendations by OIG - Required the Division of Corrections to perform specific monitoring of a number of initiatives, and presently continues to monitor and provide reports with respect to the 25 recommendations. n Most Notable Changes: Due to an emphasis on staffing analysis, Indian Country saw an increase in staffing levels, US DOJ received more funds to build detention facilities; Detention became a division under OJS and funding was separated. n Division of Corrections Management Expanded: From the 3 positions established in 1999, management now includes an Associate Director of Corrections and a Chief of Corrections as well as senior management staff at the Albuquerque office as well as the District level.

BIA DIVISION OF CORRECTIONS Executive & Senior Staff Today BIA Office of Justice Services Darren Cruzan, Director CENTRAL OFFICE WDC & ABQ Carla Flanagan, Associate Director of Corrections Patricia Broken Leg Brill, Chief of Corrections Dorothy Fulton Keith Elliottt ABQ Staff: Warren Le. Beau Garrick Declay Alex Escarcega DISTRICT 1 SCS Vacant SCPS Hutchinson DISTRICT 2, 4 & 6 SCS James Begay SCPS Vacant DISTRICT 3 SCS Vincente Anchondo SCPS Vacant LEA Diana Fleury LEA B Gachupin LEA Jaki Baha Alchesay DISTRICT 5 SCS Deirdre Wilson SCPS Vacant LEA Connie Wilkie

Office of Justice Services Today n n n Operations – Division of Corrections; Police Operation; Drug Enforcement Tribal Court Services Professional Standards – Training & Internal Affairs Highway Safety Administrative Services

BIA DIVISION OF CORRECTIONS District III/Western Region – Phoenix, Az OJS Division of Corrections Patricia Broken Leg Brill, Chief of Corrections-ABQ District III – Western Region Corrections Vincente Anchondo, Supervisory Correctional Specialist Vacant, Corr Supvy Correctional Spec. Jaki Baha-Alchesay, Law Enforcement Assistant Hopi Agency Eastern Nevada Uintah & Ouray Eastern Nevada

Indian Country Detention Today 94 detention programs nationwide n n n 20 BIA Programs - Employs 332 + staff 2 BIA Transport Ops - Employs 4 transport staff 46 PL 93 -638 17 Self-Governance 6 Tribal operations Construction: WMAT, Yankton, Standing Rock, CRIT, Navajo, Pascua Yaqui & more expected as more tribes apply for DOJ planning grants.

Successes 2004 -Present n n n n Division of Corrections created Corrections specific training & conferences More certified/trained staff Site & Sound Separation of detention funds Separate PL 93 -638 Detention Contracts Improved 648 contract monitoring & negotiations Partnerships w/Tribes: MC, Yakama, OST, CRST, SRPMC, San Carlos Decrease in completed suicides Improved SIR reporting Improving Inspection Scores Contingency/Emergency Plans Partners: NIC, DOJ, JPI, Pacific, CEC, OFMC, BIE, OFDT, etc 50+ Detention Svc Contracts

BIA DIVISION OF CORRECTIONS District III/Western Region – Phoenix, Az OJS Division of Corrections Patricia Broken Leg Brill, Chief of Corrections-ABQ District III – Western Region Corrections Vincente Anchondo, Supervisory Correctional Specialist Vacant, Corr Supvy Correctional Spec. Jaki Baha-Alchesay, Law Enforcement Assistant Hopi Agency Eastern Nevada Uintah & Ouray Eastern Nevada

Contracted Beds –D 3 Historical

District 3 Today WNA Contracts 2010 & 2011 n n n Pershing County Humboldt County Washoe County Mineral County Lyon County Upcoming: Douglas County

Challenges-Contracted Detention Services for WNA n n Resources: there are no transport officers thus tribal police conduct all transports. Located various regions of Nevada thus distance becomes the key issue for the northern tribes. Programming: the county facilities do not offer programming due as they are short term jails. Sentenced inmates are often transferred to Eastern Nevada Detention. Funding: Corrections receives only 5 million annually to cover the cost of contracted detention services for all of Indian Country while the demand for beds increases.

The Future – Tribal Law & Order Act n n n Signed into Law July 29, 2010 Requires long term plan for juvenile detention, treatment centers & alternatives to detention. Allows for construction of tribal justice centers. Requires implementation of alternatives to incarceration. Requires funds for construction of regional detention centers. Requires enhancement of juvenile delinquency prevention programs.

The Future…. n Responding to TLOA requirements. n Finalizing the newly developed Indian Country Detention Standards. n Continually assess unmet needs…all aspects.

On-going Challenges for all of IC q q q q q STAFFING LEVELS TRANSPORTS MEDICAL CARE FOR INMATES REPAIR OR REPLACEMENT OF AGING FACILITIES INCREASING REQUESTS FOR DETENTION BEDS PROGRAMMING EDUCATION FOR JUVENILES TRAINING NATION WIDE DATA BASE & DATA COLLECTION BUDGET SUPPORT

Success heavily depends on partnerships, coordination & collaborative efforts Family, Community: Hospitals, Social Services, Schools, etc. Prosecutors Detention Program Operation Tribal Leaders Police Federal Govt Courts

QUESTIONS?

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