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

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Court Determined Services and Treatment for a Child

§ 6. Court Findings a. The court shall enter a written order with specific findings of fact and conclusions of law. b. If the court concludes that removal or continued out of the home placement is not warranted, the Child…

Court Considers Rehabilitation Services for Children

§ 5. Hearing The purpose of the hearing is to determine whether or not court intervention and Protective Supervision are necessary to protect the best interests of the Child. a. The hearing proceedings shall be on the record, but shall…

Truancy Prevention Program

§ 6. Notice of Truancy and Fines a. Whenever a child is truant, the Tribal Police shall personally serve a written notice to the parent or legal guardian of the child of such truancy and that such truancy violates tribal…

Alternatives to Sentencing and Prosecution Policies

§ 1. Policies In order to provide an alternative to custodial sentencing which emphasizes rehabilitation rather than retribution and in recognition of the reality that penal consequences alone do not effectively deter future criminal activity, the Tribal Council hereby creates…

Neetskehheau-Pomushaonk Program (Healing Journey Program)

§ 5. Procedure and Evidence; Neetskehheau-Pomushaonk Program Judges are authorized to develop rules of criminal procedure and evidence that are consistent with this law and with other tribal law. The proposed rules of criminal procedure and evidence shall be effective…

Tribal Elders Rehabilitation Commission

§ 2. Tribal PTI Commission a. Establishment. The Tribal Council hereby authorizes the Mashantucket Pequot Elders Council to appoint three elders to serve on a “Tribal Elders Rehabilitation Commission” (hereinafter the “PTI Commission”). The Commission shall provide oversight for, and…

Pre-Trial Intervention Program Eligibility

Guideline 1. Eligibility Eligibility for PTI is broad enough to include all defendants who demonstrate sufficient effort to effect necessary behavioral change and show that future criminal behavior will not occur. Any defendant accused of an offense shall be eligible…

Confidentiality of the PTI Program

Guideline 4. Confidentiality Effective operation of the PTI program requires that a relationship of confidence and trust be initiated and maintained between the participating defendant and the PTI staff and the tribal PTI Commission. No information, therefore, obtained as a…

Least Restricive Setting for Child Placement

§ 8. Placement Preferences a. Whenever the court has adjudicated a Child to be in need of protective or foster care, the Child shall be placed in the least restrictive setting which most approximates a family, and in which her…

Continuing Jurisdiction over Supervision Factors

§ 7. Review of Placement and Supervision a. The court may exercise continuing jurisdiction over the supervision of such Child custody proceeding for so long as it deems necessary to protect the Child’s best interests. The status of all Children…