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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Rehabilitative Measures Penalty in Sentencing

8.03. Sentencing. a. Any person who has been convicted in the Tribal Court of a criminal offense shall be sentenced to one or a combination of the following penalties: 1. Jail for a period not to exceed the lesser of…

Treatment and Counseling for Substance Abuse Perpetrators

5.01. Alcohol and Substance Abuse. If alcohol, drugs, or other substance abuse by the perpetrator is a primary factor in the domestic violence arrest, a mandatory chemical dependency evaluation shall be conducted and complete cooperation with recommendations for treatment shall…

Domestic Violence Program

4.03. Suspended Sentence. The Court may suspend imposition of fines and imprisonment for the first offense and place defendant on probation for one (1) year. When a sentence is suspended there must be complete and total compliance with the orders…

Purpose and Intent of the Children’s Protection Code

2.01. Philosophy and Goals. a. To take such actions that will best serve the spiritual, emotional, mental and physical welfare of the child and the best interest of the Tribe to prevent the abuse, neglect and abandonment of children; b.…

Informal Adjustment Conference for Minors

13.05. Informal Adjustment Conference. a. If, after the filing of a petition and prior to adjudication, the parties may agree to informal adjustment provided for in Section 13 of this Code. During informal adjustment, the petition is held in abeyance…

Case Plan with Dispositional Alternatives for Minors

18.02. Proposed Case Plan. a. The Family Services Department shall prepare a written report describing all reasonable and appropriate alternative dispositions. The report shall contain a specific plan for the care of and assistance to the minor and/or the minor’s…

Peacemaking in Child Protection Cases

K. Peacemaking. In lieu of mediation, the parties may request peacemaking. Peacemaking is a voluntary process that utilizes cultural approaches to dispute resolution. Peacemaking is a confidential process; statements made during the peacemaking process cannot be used in court proceedings.…

Court Ordered Mediation in Child Protection

J. Court Ordered Mediation. The Court may, at any time after conducting a preliminary hearing at which it finds probable cause to proceed upon a petition, order the custodians to participate in mediation. Any statements made by the custodians in…

Family Strengthening Plan in FPC Cases

A. This provision applies only to FPC cases. B. DHS must submit an initial Family Strengthening Plan (FSP) to the MFT prior to the first meeting of the MFT. The FSP must be developed in consultation with the custodians unless…