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
SECTION 5.2. TRIBAL COURT JUDGES […] (B) Associate Judges. (1) The Executive Council, within a year of the appointment of the first Chief Judge, upon an affirmative vote of five (5) members, shall call for the election of three (3)…
SECTION 20. STATUS REVIEW HEARINGS […] (2) If appropriate, the Tribal Court may refer the matter to a diversion program or family team decision making.
If the child(ren) are removed from the home, the Tribe’s Legal Department, Tribal Police and/or Tribal Service’s Department shall file documentation with the Tribal Court of the removal from the home and/or CPS’s involvement in the case and the Tribal…
Sec. 11-1. – PURPOSE AND DEFINITIONS. Sec. 11-1 A. – Purpose. This chapter shall be liberally construed and interpreted to effectuate the following expressed purposes: A.To protect all children residing within the boundaries of the Fort McDowell Yavapai Nation and…
Sec. 11-56. – Notice of Truancy and Fines. A.Whenever the Truancy Officer finds or observes a child outside of school during regular schools hours or information comes to the Truancy Officer from a school or other source that a child…
Rule 17. – Release prior to trial. (a)In General. At a defendant’s appearance before the Court on an offense, the Court shall determine whether the defendant may be released prior to trial and, if so, under what conditions. A defendant…
Rule 80. – Nation’s discretion. In any case in which the Nation believes that justice is better served by diverting a case from formal criminal prosecution to diversion, the Nation shall have the discretion to offer diversion program(s) to a…
Rule 84. – Wellness Court eligible cases. (a)Referral. In any case wherein the facts of the case and the defendant meet the legal criteria for Wellness Court participation as outlined in the Wellness Court Program, the Nation may refer such…
Chapter 4 (Sentencing) Revisions to Chapter 4, Sentencing, included the addition of several sections including: Pretrial Services (5 .402); Inmate Work Crew requirements(5 .403); clarification of restitution process and procedure (5 .404); clarification of diversionary prosecution for defendants that meet…
5.406. P robation. A. At sentencing a j udge shall have the discretion in sentencing, except where prohibited by this title, to suspend a convicted offender’s sentence of imprisonment, and release the offender on probation. The offender shall sign a…