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 Plan Required for Child Welfare Cases

Section 703. Treatment Plan. (a) Treatment Plan Required. In every case the Comanche Nation Tribal Court shall order the ICWD to prepare a detailed treatment plan for the treatment and disposition of the problems identified in the adjudication. (b) Treatment…

Restorative Treatment Plan in Delinquency

SECTION 6-308.3 TREATMENT PLAN. A. The treatment plan shall be filed with the Court and a copy delivered to the parties or their attorney at least five (5) days prior to the Disposition Hearing. B. The treatment plan shall contain…

Treatment in Lieu of Jail Sentence for Intoxication

4. INTOXICATION. […] C. The court may, in its discretion or at the request of another, commit a person convicted of intoxication, if he or she is a repeat offender, to an alcoholic rehabilitation facility for residential treatment, or require…

Treatment in Lieu of Jail Sentence for Possession

1. USE OR POSSESSION OFFENSES. A. Possession of Alcoholic Beverages 1. A person who knowingly possesses alcoholic beverages for personal use in violation of tribal law is guilty of a misdemeanor. In addition to any jail sentence or fine the…

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…

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…

Choctaw Nation Healing to Wellness Court Program

Section 471. Healing to Wellness Court Program Act Sections 471 through 481 of the Choctaw Nation Criminal Procedure Code shall be known and may be cited as the “Healing to Wellness Court Act” or “the Act.” The purpose of the…

Healing to Wellness Court Administration and Procedure

HEALING TO WELLNESS COURT ADMINISTRATION AND PROCEDURE Citation 101 […] Establishment of Healing to Wellness Court 102 The Citizen Potawatomi Nation Healing to Wellness Court shall be a deferred sentencing program established to divert those offenders with substance abuse problems…

Treatment for Domestic Violence, Stalking, Harassment

Section 14-1-122 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…

Diversion for Delinquency & Child Welfare

Section 17-3-101 Diversion. (A) Diversion shall be made by contract with the child’s parents, guardian, or other custodian whereby they agree to specified treatment, including an agreement to do or refrain from doing certain acts. The Indian Child Welfare officer…