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

310 results found

Deferring Prosecution Requirements for Elder Abuse Cases

403. Deferring Criminal Prosecution. Criminal prosecution of any person accused of elder abuse or neglect may be deferred or dismissed consistent with Tribal law or procedure if: (a) The crime is not of a serious nature involving intentional bodily injury…

Restorative Sentencing

Section 403. General Sentencing Provisions. Statement of Policy. The sentencing policy of the Tribes in criminal cases is to strive toward restitution and reconciliation of the offender and the victim and Tribes. While one goal of sentencing is to impress…

Sentencing Provisions for Criminal Offenses

§48 General Sentencing Provisions A. The sentencing policy of the Nation is to strive toward restitution, reconciliation, and rehabilitation. While one goal of sentencin! is to impress upon the wrongdoer the wrong that has been committed, the paramount goal is…

Deferred and Suspended Sentencing for Criminal Offenses

§51 Deferred and Suspended Sentencing A. When the Court issues an order for deferral or suspension of sentencing, or an order for probation in general, the Court imposes a sentence under which the Court: 1. Defers or suspends all or…

Mandated Rehabilitation Process for Parents

§49 Authority Over Parents, Custodians, or Guardians A. When it is determined to be in the best interests of the child, the Court may order a parent, custodian, guardian, or any other person living in the home of such child…

Domestic Violence Sentencing and Probation

Section 207.6. Domestic Abuse Criminal Procedures (a) The District Court of the Nation and any judge thereof shall be immune from any liability or prosecution for issuing an order that requires a defendant to: (1) Attend a treatment program for…

Sentencing Policy for Criminal Offenses

Section 403. General Sentencing Provisions Statement of Policy. The sentencing policy of the Tribe in criminal cases is to strive toward restitution and reconciliation of the offender and the victim and Tribe. While one goal of sentencing is to impress…

Limitations of Court in Domestic Violence Cases

Section 9-218. Court Ordered or Referred Mediation, Marriage Counseling, or Reconciliation of Domestic Violence Cases Prohibited The court shall not order parties into mediation or any type of counseling, alternative justice, restorative justice, or any other mediation type of situation…

Community Service as Alternative to Incarceration

§16.04.160 Sentencing 1. Any person who has been convicted in the Tribal Court of a criminal offense under the laws of this Chapter may be sentenced to one or a combination of the following penalties: a. Imprisonment for a period…

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…