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

Referral for Treatment in Lieu of Fines

Section 11.04 Referral for Treatment (A) 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. (B)…

Peacemaking and Family Conference Preference in Child Welfare

8. Peacemaker Mediation/Family Unit A. Peacemaker Mediation / Family Unity Conference 1. It is the Band’s preference for a non-adversarial approach in resolving internal conflicts involving children and families. The Tribal Court, at any stage of a proceeding under this…

Indian Child Welfare Committee Informal Conference

SECTION 11. Indian Child Welfare Committee (A) Creation of the Indian Child Welfare Committee . The Indian Child Welfare Committee (“ICWC”) is hereby created for the purpose of protecting the best interests of the child and promoting the stability and…

Treatment as Penalty

Section 11.04 Referral for Treatment. (A) 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. (B)…

Option to Request Alternative Sentencing

SECTION 7.3. FIRST HEARING At the first hearing on the Petition (or Citation), the Respondent will have the opportunity to admit to or deny some or all of the charges against him or her. The Respondent may also admit to…

Confidentiality of Wellness Plan Records

(C) Records for cases involving juveniles and participants with a court ordered wellness plan shall be considered confidential, maintained in a locked file cabinet and open to inspection only by court order.

Referral to Wellness Board for Wellness Plan

ARTICLE 9. REFERRAL TO WELLNESS BOARD If the Tribal Court Judge finds that the Child/Disabled Adult/Elder is a victim of Abuse, then the Child/Disabled Adult/Elder may be referred to the Tribe’s Wellness Board for creation of a wellness plan.

Alternative Remedies for Abuse to Child/Disabled Adult/Elder

SECTION 11.2. OTHER REMEDIES The Tribal Court may also order the individual [convicted of abuse to child/disabled adult/elder]; to perform community service, to receive counseling or behavioral health services, to participate with the Wellness Board, to have restricted access to…

Diversion in Family Court & Family Drug Treatment Court

SECTION 17. DIVERSION/FAMILY TEAM DECISION MAKING A. Diversion. At any time in the proceedings, the Tribal Court judge may order the case stayed or suspended pending successful completion of a diversion plan or program. This may include a family drug…