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

Traditional Punishment as Sentencing Alternative

Sentences shall be pronounced within a reasonable time. Sentencing shall be imposed on all offenses pursuant to the Tribal Code. To the extent that any foreign provisions incorporated into Tribal law provide a penalty that conflicts with Tribal sentencing law,…

Sentencing Considerations Including Rehabilitation

Considerations in sentencing include: (1) The crime committed; (2) The prospects of rehabilitation of the offender; (3) The circumstances under which the crime was committed; (4) The criminal history of the offender; (5) The safety of the community, victim, or…

Restitution

When restitution is ordered, the District Court shall specify the amount, method of payment, and payment schedule imposed. Before restitution may be ordered, the defendant shall receive notice of the amount and terms requested and shall be entitled to a…

Probation as Alternative to Incarceration

(A) Where a sentence of imprisonment or a fine has been imposed on a convicted offender the District Court may, in its discretion, suspend the serving of such sentence or payment of such fine and release the defendant on probation…

General Sentencing Provisions – Restorative Justice Policy

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…

Child Abuse/Neglect Diversion to Treatment

ARTICLE 186. CHILD ABUSE AND CHILD NEGLECT DIVERSION PROGRAM a. The Tribal Attorney General, upon recommendation of the Indian Child Welfare Department or any person, may withhold filing a case against any person accused or suspected of child abuse or…

Treatment in Lieu of Imprisonment or Fines

4. OTHER CRIMINAL PENAL TIES. In addition to, or in lieu of, the penalties set forth in Section 3.4.1, the Court may order restitution, diversion from criminal prosecution, community service, treatment, probation, parole, or suspension of sentence, unless a provision…

Court-Ordered Counseling in Protection Orders

25-108. Protection Order. (d) Upon a showing of actual or imminent domestic abuse, the court may enter a protection order after due notice and a full hearing. The relief provided by the court may include any or all of the…

Mandatory Restitution for Victims

3-601. Sentences. (c) In addition to or in lieu of the penalties provided above, the Court shall require a convicted offender who has inflicted injury upon the person or property of another to make restitution or compensation to the injured…

Child Abuse and Child Neglect Diversion Progam

§319 Child Abuse and Child Neglect Diversion Program (a) The Tribal Prosecutor, upon recommendation of a Tribal Department or any person, may withhold filing a case against any person accused or suspected of child abuse or neglect and refer that…