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
The Tribes devised a system that focuses on the mental, physical, and spiritual health of offenders, while incorporating cultural values. The Alternative Sentencing Program offers the Healing to Wellness Court (also known as the drug court) when other services are…
Appellate decision references ‘express rehabilitative goals’ of the Tulalip Tribes’ laws and ‘rehabilitative and restorative goals of the Tulalip Tribes’ laws.’ The appellate court held that in probation revocation decisions, the Probation Court was required to take into account the…
Section 3-2-3. Other Authorized Penalties and Restorative Sentences. The court may issue to the defendant any other sentence listed in Title 2, Chapter 19 of the Flandreau Santee Sioux Tribe Tribal Law and Order Code; or as set forth in…
3-3-6 Classification of Violations; Penalties […] (c) The Tribal Court may order restitution in addition to any penalty or fine. The Tribal Court may also order community services in lieu of a penalty or fine if the defendant demonstrates an…
4-2-11(b) Informal Adjustment (1) During the course of the preliminary investigation to determine what further action shall be taken, the juvenile counselor shall confer with the child and the child’s parent, guardian or custodian for the purpose of effecting adjustments…
4-2-18(b) Referral of Requests to Juvenile Counselor; Informal Conference Requests stating that a child is in need of supervision shall be referred to the juvenile counselor, who shall assist either a child or a child’s parent, guardian or custodian in…
2–3–201. Declaration of purpose and policy. The Tribal Council finds and declares that probation is a desirable disposition of appropriate criminal cases because: (1) It provides a framework by which the Tribes can supervise positive rehabilitative measures imposed on an…
§ 420 – Disposition Alternatives If a juvenile has been found to be a juvenile offender, the Court may make the following disposition for any term until the juvenile reaches the age of nineteen (19):
(d) Informal resolution. (1) Abandoned, neglected or abused children and status offenders. The personnel authorized may recommend counseling, treatment, or such other disposition of an abandoned, neglected or abused child or status offender which in the officer’s opinion is in…
18-6-4 Victim impact statement. When offered to the Court, input from the victim shall be considered when determining the sentence to be imposed.