U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin Jails in Indian Country, 2003 April 2005, NCJ 208597 -------------------------------------------------------------- This file is text only without graphics and many of the tables. A Zip Archive of the tables in this report in spreadsheet format (.csv) and the full report including tables and graphics in .pdf format are available at: http://www.ojp.usdoj.gov/bjs/abstract/jic03.htm This report is one in a series. More recent editions may be available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#jic -------------------------------------------------------------- By Todd D. Minton BJS Statistician ---------------------------------------------- Highlights At midyear 2003 jails in Indian country supervised 1,908 persons * On June 30, 2003, Indian country facilities held 1,546 adults and 278 juveniles. In the 12 months ending June 30, 2003, the number of inmates in custody decreased 9%. * In a 1-month period, June 2003, facilities in Indian country admitted 12,243 inmates, a 4% increase from June 2002. 70 facilities were operating in Indian country, with the capacity to hold 2,222 persons on June 30, 2003 * On June 30, 2003, jails in Indian country were operating at 82% of capacity. On an average day in June 2003, the jails were operating at 71% of capacity. On their peak day in June 2003, jails were operating at 13% over capacity. * Since 2001 the number of inmates in custody at midyear has decreased by 4.5%, and rated capacity has increased 3%. 635 persons incarcerated on June 30, 2003, for a violent offense * 35% of inmates were being held for a violent offense; 17% for a domestic violence offense. * 11% were confined for a DWI/DUI offense, an 8% decrease since midyear 2002. Drug offenses increased 13% from midyear 2002 (126). ------------------------------------------------------ On June 30, 2003, a total of 70 jails, confinement facilities, detention centers, and other correctional facilities supervised 1,908 persons in Indian country, down 8% from the previous year. At midyear 2002, 2,080 persons had been under the supervision of jails in Indian country. At midyear 2003 Indian country facilities held 1,826 inmates, and jail authorities supervised 82 offenders in community programs. A year earlier, 2,006 were held, and 74 were in community programs. New jail admissions rose 4% from 11,822 in June 2002 to 12,243 in June 2003. The 70 facilities had a rated capacity to hold 2,222 persons, up 1.6% since 2002. On June 30, 2003, the jails were operating at 82% of capacity, down from 92% at midyear 2002. On an average day in June 2003, the jails were operating at 71% of capacity; on their peak day in the month, at 13% over capacity. The number of inmates on the peak day in June decreased 8% from the previous year. At midyear 2003 more than a third of the offenders in Indian country jails were held for a violent offense, 17% specifically for domestic violence. Eleven percent of all offenders (207) were being held for DWI/DUI. These data are based on the 2003 Survey of Jails in Indian Country (SJIC). The survey includes all Indian country correctional facilities operated by tribal authorities or the Bureau of Indian Affairs (BIA), U.S. Department of the Interior. Tribes retain jurisdiction over many crimes by American Indians and Alaska Natives in Indian country Thirty-three States contain approximately 300 Indian land areas or reservations. Generally the local governing authority on Indian lands is 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 where the crime was committed. (See box below.) Tribal authority to sentence offenders is limited to 1 year of imprisonment and a $5,000 fine or both (25 U.S.C. sec 1302(7)). City or county jails held nearly 4 times as many American Indians as jails in Indian country. (American Indians in this report include Alaska Natives.) At midyear 2003 local jails held an estimated 7,200 American Indians, some of whom may have been adjudicated by a tribal criminal justice system and housed in jails under contracts with tribal, city, or county governments. Overall, State, Federal, local, and tribal authorities were supervising 53,329 American Indians. Most were under community supervision (29,705). A total of 23,624 American Indians were in custody at midyear 2003, most of whom were held in State prisons (12,438). On July 1, 2003, 2,786,652 American Indians and Alaska Natives lived in the Unites States (U.S. Census Bureau, National Population Estimates, table SC-EST2003-04). American Indians account for under 1% of the U.S. resident population and 1% of those in custody of jails or prisons. At midyear 2003 tribal, Federal, and State prison or jail authorities held 848 American Indians per 100,000 Indians, an incarceration rate based on 23,624 in custody and 2.8 million residents. The rate for American Indians was about 19% higher than the overall national rate, 715 persons of all races per 100,000 U.S. Residents. Indian country jail population declined 9% between July 2002 and June 2003 At midyear 2003 jails in Indian country supervised 1,908 persons, down from 2,080 in 2002. Nearly all (1,826) were held in jails, with an additional 82 persons being supervised in the community. The number of inmates in custody decreased 9% from the previous year, when 2,006 inmates were being housed. Persons under community supervision increased 11% (82 in 2003 up from 74 in 2002). Most(61%)persons under community supervision were serving their sentence of confinement on the weekend prior to June 30, 2004. Overall, the number of persons held in Indian country jails fluctuated between June 2002 and June 2003. Although the population decreased during the 12 months, June of each year was among the months with the largest custody counts. In 2003 the smallest jail inmate population occurred in April -- based on 51 jails and excluding 19 facilities unable to report complete data. 93% of confined inmates held for misdemeanors On June 30, 2003, jails in Indian country held 1,025 convicted offenders and 800 inmates who were unconvicted or awaiting trial. Fifty-six percent of those jailed in 2003 were convicted, down from 57% at midyear 2002 and 61% at midyear 2000. At midyear 2003, 1,700 inmates were being held for a misdemeanor, down from 1,725 at midyear 2002. Fifty- eight inmates were in jail for a felony, down from 107 in 2002. Two inmates were being held for the Bureau of Immigration and Customs Enforcement. Sixty- six inmates were being held for the other reasons, including detoxification, status offenses, State bench warrants, civil traffic violations, violations of condition of release, and special holds. Half of the inmates held for a violent offense charged with domestic violence At midyear 2003, 635 inmates (35% of all inmates)were being held for a violent offense, primarily Indian-on- Indian crime. Of these, 315 (17% of all inmates) were confined for domestic violence. Overall, 11% of inmates at midyear 2003 were confined for driving while intoxicated or driving under the influence of alcohol or drugs, unchanged from 2002. Approximately 8% of inmates (143) were being held for a drug law violation, up from 6% (126) in 2002. At midyear 2003 Indian country jails held 1,546 adults, 81% of whom were males and 19% females. Juveniles (persons under age 18) accounted for 15% of the total custody population. Nearly 64% of juveniles were males; 36% were females. At midyear 2003, 5 juveniles were being held as adults, down from 11 at midyear 2002 and 22 in 2001. Between June 1 and June 30, 2003, 12,243 persons were admitted to jails in Indian country, a 4% increase over the same period in 2002. Since 1998 new admissions have increased 37%. 177 suicide attempts and 3 deaths reported during the 12 months ending June 30, 2003 Three deaths were reported by jail authorities between July 1, 2002, and June 30, 2003. Two inmates committed suicide. During the 12-month period, 177 inmates attempted suicide, down from 282 in 2002. In the last 5 years, the number of admissions rose 37%. The annual number of attempted suicides increased 33% (from 133 to 177). The 10 largest jails held 43% of inmates in Indian country On June 30, 2003, the 10 largest jails in Indian country housed 779 inmates. Combined, the 10 facilities had a rated capacity to hold 598 inmates, or 27% of the total rated capacity of all facilities in Indian country. Seventy-nine percent (615) of the inmates in the 10 largest jails were confined in 7 facilities in Arizona. Gila River Department of Corrections and Rehabilitation, Tohono O'odham Detention Center, and Hopi Rehabilitation Center each held over 100 inmates. White Mountain Apache Police Department which held 60 inmates at midyear 2002, held 91 at midyear 2003. On June 30, 2003, the number of inmates at Tohono O'odham Detention Center was more than 3 times its operating capacity. Salt River Department of Corrections was operating below its rated capacity (84%). 64% of jails housed fewer than 25 inmates Forty-five jails in Indian country housed fewer than 25 inmates on June 30, 2003. Eighteen facilities reported fewer than 10 inmates. Twenty-seven facilities held 10 to 24 inmates, 17 facilities held 25 to 49, and 8 facilities held 50 or more inmates. Three facilities each held 100 or more inmates, up from 2 facilities at midyear 2002. Indian country jails operated at 113% of capacity on peak day in June 2003 Combined, the 70 facilities had a rated capacity to hold 2,222 persons, a 1.6% increase from the previous year. Jails in Indian country were operating at 82% of capacity on June 30, 2003, down from 92% at midyear 2002. On their peak day in June 2003, jails were holding 2,513 inmates, and operating at 113% of capacity. Since 2001 the number of inmates has decreased by 5% on their peak day in June, while capacity has increased by 3%. Most inmates in Indian country jails were held in units occupied by more than one person. At midyear 2003, 78% of all inmates were held in cellsdesigned for multiple occupants; 8% were double bunked in single cells; 1% were housed in areas not originally intended for confinement, and 3% were in holding areas or "drunk tanks." Ten percent of all inmates were housed in single cells or rooms. Thirty-five facilities were operating above 100% of capacity in June 2003, down from 42 the previous year (appendix table 1, page 6). Sixteen jails were operating at over 150% of capacity on their peak day in June 2003, down from 19 in 2002. Arizona (4) and South Dakota (4) had the most facilities above 150% of capacity, followed by New Mexico (3), Montana (2), North Dakota (1), Oregon (1), and Wyoming (1). At least 15 jails each year have operated above 150% of capacity on their most crowded day in June since introducing the survey in 1998. The Fort Berthold facility in North Dakota reported the highest occupancy rate on their peak day in June (456%), up from 400% in 2002. It housed 41 inmates on the peak day in June 2003, with a rated capacity to hold 9 inmates. Three other facilities reported operating at over 300%: Crow Police Department in Montana (429%), Tohono O'odham Detention Center in Arizona (341%), and Pine Ridge Correctional Facility in South Dakota (314%). Since 1998 four facilities have operated above 150% each year: Fort Berthold Agency, Crow Police Department, Pine Ridge Correctional Facility, and Tohono O'odham Detention Center. Small facilities reported the highest occupancy rates Nine facilities with a rated capacity to hold fewer than 10 inmates reported the highest occupancy rates (182%) on their peak day in June 2003. Occupancy was 140% of capacity in jails rated to hold 10 to 24 inmates, 123% in jails rated to hold 25 to 49, and 86% of capacity for those rated to hold 50 or more inmates. 7 facilities under court order or consent decree for the second year in a row The Navajo Department of Corrections in Chinle was under order to hold no more than 32 inmates. Six jails were under multiple court orders or consent decrees to limit the number of inmates they can house and for conditions of inmate confinement. Six facilities were ordered to detain inmates under humane conditions: Wind River Police Department in Wyoming and Navajo Department of Corrections in Kayenta (administratively imposed), Tuba City, Window Rock (reported on June 29, 2001), Crownpoint, and Shiprock. One facility completed construction since July 1, 2002 Among all facilities, 69 reported the year in which the original construction was completed. The original year of construction ranged from 1929 at the Fort Hall Police Department in Idaho, to 2003 at the Gila River Juvenile Detention and Rehabilitation Center. Overall at midyear 2003, jails in Indian country had an average age of 24 years. Since the time of original construction, 43 facilities have received major renovations. Twenty-three facilities were renovated between 1982 and 1999. Twenty facilities were renovated after 1999: 2 in 2000, 7 in 2001, 5 in 2002, and 6 in 2003. Jails employed 1,992 persons at midyear 2003 Indian country jails employed 1,992 persons on June 30, 2003, including payroll, nonpayroll, and contract staff. About 34% (680) of reported functions for all employees were jail operations staff (correctional officers and other staff who spend more than 50% of their time supervising inmates). Jails in Indian country also employed an estimated 190 administrative employees, 280 technical or professional staff, and 180 clerical, maintenance, or food service staff. In addition 650 employees (about 33%) were classified as field operations staff, including patrol officers and other staff who spend more than 50% of their time in the field. Overall, there were approximately 2.6 inmates for every jail operations employee at midyear 2003, up from 2.5 at midyear 2002. There were 5.6 inmates for every jail operations employee in facilities housing more than 50 inmates, and 2.0 in facilities housing 50 or fewer inmates. In 1999, when the last national jail census was conducted, the U.S. average among all local jails was 4.0 inmates per correctional officer. Small jails holding 50 or fewer inmates held an average of 2.0 inmates per correctional officer. Jails hired 282 new payroll staff between July 2002 and June 2003 During the 12-month period ending June 30, 2003, authorities in 58 facilities hired a total of 282 new payroll staff, including persons rehired or recalled from layoff. The Gila River Facilities (adult and juvenile, combined) hired the most new staff (21). Eleven facilities reported no new hires during the period. At midyear 2003 Indian country jails reported 189 staff vacancies. Gila River Department of Corrections and Rehabilitation and Tohono O'odham Detention Center reported the largest number of vacancies (16). A total of 22 of the 61 facilities reporting staff vacancy data had no vacancies at the end of June 2003. Methodology "Indian country" is a statutory term that includes the following: all lands within an Indian reservation, dependent Indian communities, and Indian trust allotments (18 U.S.C. sec 1151). Courts interpret sec 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 sentence offenders is limited to 1 year of imprisonment and a $5,000 fine or both (25 U.S.C. sec 1302(7)). 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. P.L. 280 conferred jurisdiction on certain States over "Indian country" and suspended enforcement of the Major Crimes Act (18 U.S.C. sec 1153) and the General Crimes Act (18 U.S.C. sec 1152) in those areas. Indian tribes retain concurrent jurisdiction to enforce laws in Indian country where P.L. 280 applies. The Bureau of Justice Statistics (BJS) conducted the Survey of Jails in Indian Country (SJIC) to describe all adult and juvenile jail facilities and detention centers in Indian country. For purposes of this report, Indian country includes reservations, pueblos, rancherias, and other appropriate areas (18 U.S.C. sec 1151). The reference date for the most recent survey is June 30, 2003. The SJIC was initiated in 1998 as a component of the Annual Survey of Jails (ASJ). The ASJ is conducted in each of the years between the Census of Jails. The 2003 ASJ consisted of a sample survey of 823 local jail jurisdictions, a survey of the Nation's 55 multi-jurisdictional facilities, and a survey of the 70 facilities in Indian country. (For sampling information, see Prison and Jails Inmates at Midyear 2003, BJS Bulletin, May 2003, .) In 1998 the Office of Law Enforcement Services, Bureau of Indian Affairs (BIA), U.S. Department of the Interior, provided a complete list of 74 Indian country jail facilities. The list included detention centers, jails, and other correctional facilities, operated by tribal authorities or the BIA. Since 1998, 3 facilities were added, 3 were closed, 2 facilities were abandoned, 2 were combined into 1 facility, and 1 was closed during the collection period, resulting in 70 surveyed facilities. The facilities are in 19 States and are affiliated with 55 tribes. Data were obtained by mailed questionnaires. Through follow-up phone calls and facsimiles, 62 of 70 facilities responded. Data for the Tohono O'odham Judiciary Juvenile Detention Center, Crow Police Department, Fort Peck Indian Youth Services Center, Fort Peck Assiniboine and Sioux Tribes Department of Corrections, Mescalero Adult Detention Center, Navajo Department of Corrections-Tohatchi Juvenile Center, and the Ponca Tribal Police Department are from June 28, 2002. Data for the Navajo Department of Corrections in Shiprock are from June 29, 2001. --------------------------------------- The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Lawrence A. Greenfeld is the director. BJS Bulletins present the first release of findings from permanent data collection programs. Todd D. Minton collected and processed the data and wrote this report under the supervision of Allen J. Beck. Norena Henry of the American Indian and Alaska Native Affairs Desk, Office of Justice Programs, and Tracy Toulou, Director, Office of Tribal Justice, U.S. Department of Justice, reviewed the report. Seri Palla provided statistical review and verification. Tom Hester edited the report, and Jayne Robinson provided the final production. April 2005, NCJ 208597 --------------------------------------------- End of file 04/18/05 ih