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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Judge or Sentencing Circle Discretion in Senctencing Options

SECTION 2. Sentences and Options for Orders The Court may issue individualized Orders concerning child custody arrangements and other Domestic Relations issues. Unless the Curyung Tribal Court sets a specific penalty for a particular offense, the Curyung Tribal Court Judges,…

Dispositional Hearing for Dispositional Alternatives for Juveniles

Sec. 10-2-14 Juvenile Offender:    Predisposition Studies,    Reports and Examinations (a) Predisposition Study and Report The Court shall direct the Juvenile Counselor to prepare a written predisposition study and report for the Court concerning the Child, the Child’s family, environment, and…

Informal Adjustment or Conference for Juveniles

Sec. 10-2-11 Juvenile Offender: Initiation of Proceedings (a) Investigation by the Juvenile Counselor The Juvenile Counselor shall make an investigation within twenty-four (24) hours of the Detention hearing or the release of the Child to his Parent, Guardian or Custodian,…

Juvenile Justice Code Policy and Purpose

Sec. 10-2-2 Policy (a) The Juvenile Justice Code shall be liberally interpreted and construed to fulfill the following expressed purposes: (1) To preserve and retain the unity of the family whenever possible and to provide for the care, protection, and…

Perpetrator Accountability Program for Domestic Violence

Sec. 8A-2-4 – Penalties (a)A person convicted of a first offense of domestic abuse shall be guilty of a Class A Misdemeanor, and the Court shall require mandatory attendance of a perpetrator accountability program for domestic violence or any other…

Alternative Sentencing for Domestic Violence Crimes

Sec. 8A-2-15 – Alternative Sentencing At the discretion of the Court, for any sentence imposed under any provisions within this Title, alternative sentencing options may be imposed in lieu of incarceration or in connection with an order of incarceration, including,…

DUI Court program / Drug Court Program

Sec. 8-8-1 Driving Under the Influence of Alcohol or Drugs (a) A person commits the offense of driving while under the influence of alcohol or drugs if that person drives or operates or is in actual physical control of a…

Revocation of Participation in Wellness Court

Sec. 3-3-8 – Revocation of Participation in Wellness Court (a)Upon a recommendation from the Wellness Court Team that the defendant’s participation in Wellness Court should be revoked, the Tribal Prosecutor shall file a petition in Wellness Court showing probable cause…

Conditions and Purpose of the Healing to Wellness Court

Sec. 3-3-1 – Establishment of Wellness Court The Poarch Band of Creek Indians Healing to Wellness Court shall be a deferred sentencing program established to divert those nonviolent offenders with substance abuse problems away from the regular Court system and…