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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Mediation Encouraged in Termination of Parental Rights

The use of mediation or other informal methods of resolving the long-term placement of the child is encouraged. In appropriate cases, the court may order that mediation occur. However, mediation shall not delay the adjudication of a termination petition for…

Victim Conference with Prosecutor and Victim Advocate

Upon request of the victim, the prosecutor and victim advocate shall confer with the victim about the disposition of a criminal offense, including the victim’s views about a decision not to proceed with a criminal prosecution, a dismissal, a plea,…

Peacegiving Process

655 Peacegiving 655.010 General Purpose: The purpose of this Ordinance is to establish procedures for Tribal Peacegiving. This Ordinance is adopted to protect the health, welfare, and morals of the Tribal Reservation and its residents and visitors. Background and Intent:…

Victim Participation Rights in Criminal Proceedings

A victim’s right to be heard may be exercised, at the victim’s discretion, through an oral statement or submission of a written statement to the Court. A victim impact statement submitted to the court may include the following: An explanation…

Juvenile Court Rehabilitation Goal and Least Restrictive Alternative

The Juvenile Court shall handle all cases dealing with juveniles, including dependency, delinquency, supervision, and emancipation cases. With respect to juvenile delinquency and supervision cases, the goal of the Juvenile Court shall be rehabilitation, guidance, and accountability. The Juvenile Court,…

Informal Resolution of Supervision Cases

Before filing a petition in the Juvenile Court, the Juvenile Prosecutor may attempt to facilitate an informal resolution for any case involving a Juvenile in Need of Supervision provided that the juvenile and his or her parent, guardian, or custodian…

Informal Resolution of Delinquency Cases

An informal resolution program shall consist of one or more mediation sessions facilitated by the Juvenile Prosecutor in which the juvenile and his or her parent, guardian, or custodian work with the Juvenile Prosecutor to formulate and implement a written…

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…

Informal Conference in Juvenile Initial Proceedings

Section 3-11-3 Informal Conference. 1. After conducting a preliminary investigation, the juvenile counselor/Probation Officer shall hold an informal conference with the child and the child’s parent(s), guardian or custodian to discuss alternative courses of action in the particular case. 2.…

Informal Adjustment in Juvenile Initial Proceedings

Section 3-11-2 Informal Adjustment. 1. During the course of the preliminary investigations to determine what further action shall be taken, the juvenile counselor shall confer with the child and the child’s parent(s), guardian or custodian for the purpose of effecting…