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

67 results found

Treatment as Penalty Alternative

Section 6.01 General Penalty Provisions. (2) In addition to or in lieu of the fine, the Tribal Court may grant such other relief as is necessary and proper including but not limited to the following; community service, restitution, treatment and/or…

Referral for Treatment

Section 6.04 Referral for Treatment (1) In place of or in addition to a fine, the Tribal Court may refer a Defendant to mental health providers including an alcohol/substance abuse program, and/or social services program for counseling and/or treatment. (2)…

Treatment as Penalty Alternative

Section 2001. Civil Penalties (C) In addition to, or in lieu of a civil fine, the Tribal Court may grant such other relief as is necessary and proper, including, but not limited to community service, restitution, classes, treatment, traditional sanctions,…

Peacemaker Mediation Forum

§3.05.100 Peacemaker Mediation Forum. (A) Establishment and Purpose. (1) In addition to the Tribal Court and Court of Appeals, a Peacemaker Mediation Forum is established to hear disputes between parties before trying the case in Tribal Court. The peacemaker mediation…

Referral for Treatment

F. Referral for Treatment 1. In place of, or in addition to, a civil penalty, Tribal Court, at its discretion, may refer a violator to mental health providers including an alcohol/substance abuse program, and/or social services program for an evaluation,…

Child/Elder Abuse Referred to Wellness Board

Article 7 Referral to Wellness Board If the Tribal Court Judge finds that the Child/Elder is a victim of Abuse, then the Child/Elder may be referred to the Tribe’s Wellness Board for creation of a wellness plan.

Alternative Remedies for Abuse

Section 2. Other Remedies The Court may also order the individual; to perform community service, to receive counseling or behavioral health services, to participate with the Wellness Board, to have restricted access to the Rancheria, any and all other penalties…

Peacemaking and Family Conference Preference in Child Welfare

Chapter 3 Petitions; Hearings; Traditional Dispute Resolution. Section 6. Peacemaker Mediation; Talking Circles; Traditional Dispute Resolution. A. Non-Adversial Approaches Preferred 1. It is the Tribe’s preference that a non-adversial approach be used to resolve internal conflicts involving Indian children and…

Traditional Court/Peacemaking Court, Rules of Procedure

Chapter 4 RULES OF PROCEDURE FOR THE TRADITIONAL COURT Article I General […] § 4-103 Purpose. The purpose of the Traditional Court shall be to provide a forum for the use of traditional Wilton Rancheria methods of peacemaking to resolve…

Traditional Court/Peacemaking Court , Establishment

Article V. Traditional Court. § 1-501 Creation and purpose. A. Pursuant to Article VIII, Section 6 of the Constitution, there is hereby established a Wilton Rancheria Traditional Court which shall be a division of the Tribal Court and which shall operate in…