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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Delayed/Deferred Sentencing – Opportunity for Rehabilitation

5. Delayed/Deferred Sentencing. The Court may adjourn or delay sentencing to give the defendant an opportunity to complete a rehabilitative program or to prove they deserve leniency, but only with the agreement of the Prosecutor may the Court reduce or…

Alternative Permanent Placement Plans

20.04. Child not Returned Home; Alternative Permanent Placement Plans. If the Court determines at a permanency planning hearing that the child should not be returned to the parent(s), the Family Services Department shall propose, with the recommendation of the Binojeeuk…

Informal Resolutions for Deliquency

2.3002 Informal Resolution If the juvenile officer decides the best interests of the child would be served by setting up a program to divert the action from going into Court, he/she may do so with the voluntary permission of the…

Alternative Sentencing for First Domestic Violence Offence

(2) Domestic Assault; assault, assault and battery; multiple and habitual offenses; penalties. (a) Except as provided in subsection (b) and (c) of this subsection, a person who commits a domestic assault and/or a domestic assault and battery may be punished…

Treament for Pregnant Women Substance Use

(5) If protective services receive a report, which alleges a pregnant woman’s abuse of alcohol or a controlled substance, protective services shall arrange an appropriate assessment and offer services indicated under the circumstances. Services offered may include, but are not…

Alternative Disposition in Proposed Case Plan for Child Welfare

2.1903 Proposed Case Plan (1) The Indian Child Welfare Committee, or its delegate, shall prepare a written report describing all reasonable and appropriate alternative dispositions, including reports of the child protection team and protective service worker. The report shall contain…

Child Welfare Committee Informal Adjustment Conference

Chapter 2.14 Child Welfare Committee Informal Adjustment Conference 2.1401 Before and/or After the Filing of a Petition The Child Welfare Committee or its designee may hold an informal conference with the minor and the minor’s parent(s), guardian or custodian to…

Child Welfare Committee Duties re: Alternatives to Court

2.603 Duties The Child Welfare Committee enjoys only the authority, which is expressly delegated to it by the tribal government in this code or in other enactment by the tribal government. The Child Welfare Committee shall have the following duties:…