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 Restitution and Custom Law Recognition

OO. “Restitution” – Any form of Traditional Restitution as defined in section 3-7-020(ZZ) or payment of a victim’s documented cost for medical treatment, counseling, substance abuse treatment, or any other financial damage caused by the actions of the offender. ZZ.…

Sentencing Factor – Making Restitution to Victim

3-9-3.1 Authority of Court in Sentencing – The following factors… shall be accorded weight in making determinations regarding the desirability of sentencing an offender to imprisonment: (e) The defendant has made or will make restitution or reparation to the victim…

Restitution and Reparation (Victim Compensation)

3-9-4.1(e) – In all cases, regardless of the sentence, where deemed appropriate by the Tribal court judge or magistrate judge, order payment of restitution for damages resulting from the commission of the offense. 3-9-8.1 Hearing Prior to Restitution or Reparation…

Treatment in Lieu of Prosecution/Sentence (Diversion)

3-9-7.1 Civil Commitment in Lieu of Prosecution or of Sentence – When a person, prosecuted for a misdemeanor, is a chronic alcoholic, narcotic addict or person suffering from mental abnormality and the court is authorized by law to order the…

DUI Treatment and Community Service Requirements

DUI Sentencing – For first offense: fine and/or community service; order for addiction evaluation by appropriate tribal or state treatment program. For second offense within 3 years: imprisonment or community service; fine; order for addiction evaluation by treatment program. For…

Domestic Violence Counseling/Program

Section 7-4-9. Civil orders of protection. A. Eligible petitioners. (1) Any victim of domestic abuse may file a petition for an order of protection if either the petitioner or respondent, or both, are enrolled members of the Pueblo of Laguna,…

Wellness Court Procedures

Rule 38. Wellness Court A.Eligibility. A defendant may apply via a court-approved application to participate in the Wellness Court program if the defendant has served the mandatory minimum sentence for an offense and has:1.Been convicted of a nonviolent offense; or2.Been…

Community Court Procedures

Rule 39. Community Court A.Eligibility. A defendant convicted of a nonviolent misdemeanor may participate in Community Court.B.Procedure. A defendant that seeks to participate in the Community Court may do so by entering into a Community Court plea agreement. Following entry…

Opportunity for Wellness Court Program

Section 15-14-16. Driving under the influence of intoxicant. A. Definitions. For purposes of this section: (1) Conviction means an adjudication or plea of guilty, and does not include imposition of sentence. (2) Intoxicant means any substance defined under section 15-15-2…