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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Rehabilitative Treatment as Probation Instead of Sentence

13-3-24 Suspension of sentence and probation. (1) Except as otherwise provided in this Code, the Court shall have the authority to suspend the imposition of sentence on a person who has been convicted of an offense and place him on probation…

Forebearance on Eviction or Termination

19-11-8 Forebearance regarding eviction or termination. (1) The Board of Commissioners may forbear in the eviction of any person or the termination of any homebuyer agreement under this policy if: (a) The person demonstrates successful completion of a supervised drug or alcohol…

Court-Ordered Services and Treatment for Family

SECTION 309(C). COURT FINDINGS – Services and Treatment (2) The services or treatment to be provided to the child and the child’s family to help address the circumstances underlying the removal;

Truancy Court Remedies Including Assessment and Counseling

SECTION 305(D). PENALTIES – Additional Remedies In addition to the imposition of civil forfeitures and community service hours for violations of this Chapter, the Children’s Court may impose other remedies, including but not limited to: alcohol assessment and counseling, home…

Confidentiality of Wellness Plan Records

(C) Records for cases involving juveniles and participants with a court ordered wellness plan shall be considered confidential, maintained in a locked file cabinet and open to inspection only by court order.

Diversion in Family Court & Family Drug Treatment Court

SECTION 17. DIVERSION/FAMILY TEAM DECISION MAKING A. Diversion. At any time in the proceedings, the Tribal Court judge may order the case stayed or suspended pending successful completion of a diversion plan or program. This may include a family drug…

Diversionary Prosecution

5.405. Diversionary Prosecution. A. Except where prohibited by this title, a judge shall have the discretion in sentenci ng a defendant charged with a misdemeanor offense to accept a defendant’s plea of guilt and defer entering the plea into the…

Limitations and Guidelines for Diversionary Prosecution

Chapter 4 (Sentencing) Revisions to Chapter 4, Sentencing, included the addition of several sections including: Pretrial Services (5 .402); Inmate Work Crew requirements(5 .403); clarification of restitution process and procedure (5 .404); clarification of diversionary prosecution for defendants that meet…

Probation Must Include Programs to Promote Rehabilitation

5.406. P robation. A. At sentencing a j udge shall have the discretion in sentencing, except where prohibited by this title, to suspend a convicted offender’s sentence of imprisonment, and release the offender on probation. The offender shall sign a…