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

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Possibility of Diversion as Penalty

3.4.4 OTHER CRIMINAL PENALTIES. 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 of…

Probation with Rehabilitation

Suspension of Sentence. If a person convicted is eligible for probation, the court may suspend imposition or execution of sentence and place the person on intensive or supervised probation on such terms and conditions as the law requires and the…

Drug Treatment Probation

Probation for drug possession/use; treatment required. Any person convicted of personal possession or use of controlled substance or drug paraphernalia is eligible for probation. Court shall suspend sentence and place person on probation. As condition of probation, court shall require…

Juvenile Disposition Alternatives

Disposition Alternatives for juvenile offenders. If child found to be juvenile offender, Court may: (1) Permit child to remain with parents/guardian subject to conditions; (2) Place child in custody of relative or suitable person; (3) Order child to pay restitution;…

Family Counseling for Status Offenders

Disposition for Status Offenders. For youth adjudicated as ‘minor in need of control’, court may order referral of child and parents/guardian/custodian to appropriate social services agency for participation in counseling or other treatment program as ordered by Court.

Juvenile Medical Assessment for Treatment

Medical Assessment Juvenile Court may order medical assessment of child for juvenile offense involving alcohol or substance abuse to determine mental or physical state so appropriate steps can be taken to protect child’s health. Court may order examination by physician,…

In-Home Intervention for Child in Need of Protection

Section 395 In-Home Intervention (5 PYTC § 7-395) (A) After the filing of a Child In Need of Protection petition, the court may order in-home intervention if all of the following are true: (1) The child has not been removed…

Probation with Rehabilitative Conditions

Probation conditions shall be imposed to assist persons convicted to address the issues that may have contributed to the conviction. Conditions may include, but shall not be limited to: (1) Drug, alcohol, and/or other addiction abuse counseling; (2) Drug and…

Batterer’s Treatment Program

Upon a guilty plea or conviction, the perpetrator shall be ordered to participate in the Batterer’s Treatment Program, consisting of at least the following; i. The perpetrator shall attend and cooperate in an intake session for evaluation. ii. The evaluation…

Treatment as Alternative to Incarceration

In addition to or in lieu of the imposition of such confinement and/or fine, the court shall order the person convicted of the offense of Domestic Violence to participate in a batterers treatment program.