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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Diversion for Deliquent Children

(2) Delinquent children. In cases where the child has no previous record of delinquency and the child is alleged to have committed a misdemeanor, the personnel authorized may recommend a diversion program, including counseling or treatment, in the best interests…

Informal Resolution in Child Welfare Cases

(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…

Diversion Before Trial

Sec. 406. Diversion Before Trial. (a) Diversion Authorized. The Tribal Prosecutor may recommend a diversion program, including counseling or treatment. The Chitimacha Tribal Court may approve such a recommendation before trial and without a hearing in its discretion and in…

Chitimacha Peacemaker Court

TITLE I-A – CHITIMACHA PEACEMAKER COURT CHAPTER 1. GENERAL PROVISIONS Sec. 101. Purpose and Construction (a) The intent of these rules is to provide formal support, structure and enforcement to traditional American Indian methods of resolving disputes through mediation, restorative…

Sentencing Policy for Domestic Violence Cases

Section 231. Role of the Court; sentencing; probation conditions. In responding to the crime of domestic violence the Court shall: (a) Establish a specialized court docket to expedite trials of domestic violence criminal cases as prescribed under Section 239. The…

Limitations of Court in Domestic Violence Cases

Section 311. Court-ordered and court-referred mediation of cases involving domestic violence prohibited. […] Section 407. Mediation prohibited in cases involving domestic violence. The court shall not order parties into mediation or any type of counseling, alternative justice, peace-making, circle sentencing,…

Diversion for Juveniles

Section 312. Diversion Agreement-Form and Substance (a) Prior to the filing of a petition, Social Services may recommend to the Presenting Officer, and the Presenting Officer may accept the recommendation that a juvenile’s case be diverted for all cases, except…

Purpose of the Juvenile Procedure Code

Section 101. Purposes This Title shall be construed and interpreted to fulfil the following purposes: (a) To secure the care, protection, and mental and physical welfare of children coming within the provisions of this Title; (b) To preserve and retain…