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

410 results found

Treatment in Lieu of Confinement (Domestic Violence)

§ 4.02.060 Criminal Remedy – Crime of Domestic Violence. (4) In addition to or in lieu of the imposition of such confinement and/or fine, the Court shall order the convicted person to participate in the Hoh Tribe’s Family Services’ certified…

Treatment in Lieu of Confinement (Stalking)

§ 4.02.070 Criminal Remedy – Crime of Stalking. (c) In addition to or in lieu of the imposition of such confinement and/or fine, the Court shall order the convicted person to participate in the Hoh Tribe’s Family Services certified domestic…

Deferred Prosecution for Treatment (Domestic Violence)

§ 4.02.100 Special Court Rules for Domestic Violence Crimes. (3) If the alleged perpetrator pleads guilty, a pre-sentence report may be ordered at the discretion of the Court prior to sentencing. (4) If it appears to the Court that alcohol…

Ho-Chunk Nation Healing to Wellness Court

General. The Ho-Chunk Nation Healing to Wellness Court (“Wellness Court”) is an evidence-based treatment program that offers alcohol and/or drug addicted participants an alternative to extended incarceration and the standard probation model. The Wellness Court works cooperatively with treatment agencies…

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…