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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Least Restrictive Disposition Options for Juveniles

Section 5-6-5: Decree of disposition: Upon adjudication as a child in need of supervision, the Court shall enter a decree of disposition according to the least restrictive alternative available in the best interests of the child. The Court decree shall…

Order of Protection Mandated Evaluations & Treatment

Section 5-4-47: Orders of protection: The Court may enter an order of protection in addition to, or as condition of, any decree of disposition authorized by this Chapter. The order of protection shall set forth reasonable conditions of behavior to…

Treament Condition for Probation

Section 2-19-19. Conditions of Probation or Suspension of Sentence. The conditions of probation or of suspension of sentence shall provide in addition to any other conditions, that the defendant not commit another tribal, federal or state crime during the term…

Least Restrictive Alternative Approach to Mental Health Cases

Subsection: 6 Least restrictive alternative: The treatment and treatment conditions which separately and in combination are no more intrusive or restricting of mental, social, spiritual and physical freedom than necessary to achieve the therapeutic benefit. Local community and voluntary options…

Wellness Court Procedures

CHAPTER 2-13 WELLNESS COURT 2-13-1 Authority and Purpose The purpose of this Ordinance is to establish procedures and implement the following purposes and policies for CTCLUSI Wellness Court. This ordinance is adopted to protect the health, safety, and wellness of…

Remedial Efforts for Families in Dependency Cases

4-4-22 Remedial Efforts (a) At all stages of a proceeding under this chapter, Human Services shall make active efforts to provide remedial services and rehabilitation programs designed to prevent or eliminate the need for removal of the child from the…

Treatment in Protective Orders

Section 7.121 Hearing, Service of Process, Emergency Ex Parte Orders, Protective Orders, Period of Relief, Title to Real Property […] At the hearing, the court may impose any terms and conditions in the protective order that the court reasonably believes…

Preventive and Treatment Services to At-Risk Families

Section 303. Duties and Authority of Comanche Nation Indian Child Welfare Department. (a) General. The ICWD shall be responsible for the following: (1) Providing culturally oriented preventive and treatment services to at-risk Indian families within the jurisdiction of the Nation,…

Treatment as Disposition in Child Welfare

Section 701. Dispositional Hearing. After making an order of adjudication finding the child to be a ward of the Court, the Comanche Nation Tribal Court shall conduct a dispositional hearing, which may be held immediately following the adjudication or at…