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

Rehabilitation Intent in Substance Use Convictions

961.001 Declaration of intent. […] It shall be the policy of the Nation that upon conviction, individuals addicted to, dependent upon, or those who casually use or experiment with controlled substances should receive special treatment geared towards rehabilitation. The sentencing…

Considering Alternatives to Incarceration in Bifurcated Sentences

973.017 Bifurcated sentences; use of guidelines; consideration of aggravating and mitigating factors. […] (2) GENERAL REQUIREMENT. When a court makes a sentencing decision concerning a person convicted of a criminal offense, the court shall consider all of the following: (ad)…

Sentence to Alternative to Incarceration Program

973.032 (1) Sentence to alternative to incarceration program. SENTENCE. The court may sentence a person who is convicted of a crime to participate in an alternative to incarceration program, if available. (2) ELIGIBILITY. (a) A court may sentence a person…

Restitution to Injured Parties

4-12.040 Restitution. In addition to any other sentence, the Tribal Court may require an offender who has injured the person or property of any individual, including any natural person, corporation, trust, unincorporated association, partnership, and federal, state, local or tribal…

Community Service (Alternative to Incarceration)

4-12.010 General Conditions. (A) Any person who has been convicted by the Tribal Court of a violation of a provision of this Title for which a penalty may be imposed, may be fined and/or sentenced by the court to serve…

Therapeutic Justice – Court Philosophy

Annotations – STC 4-12.070 3. Therapeutic Justice Allowing court discretion in sentencing and probation review is consistent with tribal law and better services the interests of therapeutic justice to which the Tribal Court subscribes. SITC v. James, CrCo-2006-0213 (Swinomish Tribal…

Domestic Violence Treatment Program (Deferred Sentence Option)

§29-4.10 Guilty Plea or Conviction. Upon a guilty plea of conviction, the defendant shall be ordered to participate in an appropriate domestic violence program consisting of at least the following: (a) The defendant shall attend and cooperate in an intake…

Informal Dispute Resolution

§4.04.140 Informal dispute resolution. Nothing in this title or in the rules of the Squaxin Island Tribal Court shall prevent persons who are involved in a dispute from submitting their dispute to informal dispute resolution.

Deferred Prosecution for Minor First Offenses

§9.12.1200 Deferred prosecution—Minor first offenses. (A) The Tribal Prosecutor may enter a deferred prosecution agreement with a person charged for the first time with a misdemeanor, gross misdemeanor or fishing violation where no violence occurred in connection with the offense.…