Restorative Justice Tribal Laws Database

The National Center on Restorative Justice’s (NCORJ) Tribal Restorative Justice Laws Database was created as a resource for restorative justice advocates, practitioners, researchers, and policy-makers—both for tribes and throughout other jurisdictions in the United States. Our aim is to organize and display in an easily navigated format the ways in which tribes have codified the use of restorative justice approaches. This database expands upon NCORJ’s Restorative Justice Laws Database, which lists state restorative justice laws. 

The expansion of the Restorative Justice Laws Database to include tribal laws was a natural one. Contemporary restorative justice has roots in Indigenous cultures and practices, both in the United States and globally, and tribes continue to be leaders in restorative justice practice and systems today. This Tribal Restorative Justice Laws Database shows the many codified restorative justice practices that exist in tribal law and is, to our knowledge, the first time this data has been collected and presented in a public and easily accessible format.

Thank you to Grace Carson for her leadership and expertise in the creation of this database. Thank you also to the research assistants who helped on this project: Kylie Belt, Anna VanRoy, and Jonathan Eagle. 

The NCORJ is committed to continuing to update this database. This database was last updated in January 2026. If you see something that is missing or a correction is required, please be in touch. For more information about the development of the database, to get assistance navigating it, or to request a copy of the raw data for research purposes, please contact Lindsey Pointer (lpointer@vermontlaw.edu).

NOTES REGARDING THE TRIBAL CODES AND TRIBES INCLUDED IN THE DATABASE

Tribal Code Accessibility 

Many tribes’ legal codes are not included in this database due to the fact that those tribes do not have their code published and/or do not wish to share their code with the public. The codes in this database should not be considered the only tribal restorative justice laws to exist. 

Tribes Included

The tribes included in the Tribal Restorative Justice Laws Database are those who are federally recognized. Federally recognized tribes are those that are formally acknowledged by the United States Bureau of Indian Affairs as holding a government-to-government relationship with the federal government. As such, these tribes have recognized tribal sovereignty. With recognized tribal sovereignty comes the right to tax, make and enforce laws, and regulate activities. Important for this database, federal recognition comes with established tribal criminal jurisdiction (though, this jurisdiction is dependent on where the tribe is located, among other factors). Tribes that are not federally recognized (i.e., are only state recognized) lack the ability to exercise the same rights and powers that tribes whose sovereignty is formally acknowledged by the federal government, and as such, lack tribal criminal jurisdiction (though, tribes that are not federally recognized may be able to establish restorative justice practices and efforts through other means, such as through social services, grant funded projects, and intergovernmental agreements with the state). Because of this, we decided to limit the tribes included in this database to those that are federally recognized. We acknowledge that the recognition process for tribes is a product of settler colonialism, and purposefully exclusionary. We do not view tribes that are not federally recognized as any less valid than those that are.  

Additional Information

  • State

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Treatment in Lieu of Imprisonment or Fines

4. OTHER CRIMINAL PENAL TIES. In addition to, or in lieu of, the penalties set forth in Section 3.4.1, the Court may order restitution, diversion from criminal prosecution, community service, treatment, probation, parole, or suspension of sentence, unless a provision…

Traditional Punishment as Sentencing Alternative

Sentences shall be pronounced within a reasonable time. Sentencing shall be imposed on all offenses pursuant to the Tribal Code. To the extent that any foreign provisions incorporated into Tribal law provide a penalty that conflicts with Tribal sentencing law,…

Counseling, Therapy, and Services as Disposition Condition

The Court has the authority to impose conditions and limitations upon a child, the child’s parent(s), guardian, or custodian, and any other party. Conditions and limitations may include, but are not limited to: (1) Counseling, therapy, or participation in services…

Community -Based Programs in Juvenlie Justice

Chapter 7-Juvenile Justice Section 2-7-303. Community-based programs The Choctaw Nation Department of Children and Family Services, in its role as planner and coordinator for juvenile justice and delinquency prevention services, may recommend contracts to the Tribal Council for the establishment…

Deferral of Delinquency Proceedings

Section 2-2-404. Deferral of delinquency proceedings […] B. During such period of deferral, the court may require the following: 1. Participation in or referral to counseling, a period of community service, drug or alcohol education or treatment, vocational training or…

Alternative Problem-Solving Court Program for Child Support

C. 1. During proceedings for indirect contempt of court, the court may order the obligor to complete an alternative program and comply with a payment plan for child support and arrears. If the obligor fails to complete the alternative program…

Alternative Dispute Resolution & Family Group Conferencing

Section 1-4-504. Alternative Dispute Resolution A. At any stage of the proceedings, the court may order, or the parties may voluntarily participate in an alternative dispute resolution process which may include: 1. Family group conferencing; 2. Mediation; or 3. A…

Informal Adjustment Hearing

§5.02.310 Informal Adjustment Hearing (a) When allowed. The Court may appoint a hearing officer and may hold an informal conference with the minor and the minor’s parents, guardian, or custodian to discuss alternatives to the filing of a petition if:…

Rehabilitation-Focused Sentencing Alternatives

In order to rehabilitate the offender, the judge may, in his discretion order: (1) community service; (2) counseling; or (3) treatment. These penalties can be imposed in addition to or instead of the penalties provided for a Class [1] one…