Prohibited Diversion for Domestic or Family Violence
12-218 Diversion Prohibited. The court shall not approve any diversionary program in lieu of conviction for a perpetrator of Domestic or Family Violence. [TCR 96-55, 06-26, 24-121]
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
12-218 Diversion Prohibited. The court shall not approve any diversionary program in lieu of conviction for a perpetrator of Domestic or Family Violence. [TCR 96-55, 06-26, 24-121]
4-411 Child-in-need-of-supervision; disposition. When a child has been as being in-need-of- supervision, the Court shall enter a decree of disposition containing one or more of the following provisions which the Court finds appropriate: 1. The Court may place the child…
4-511 Child abuse and child neglect diversion program. 1. The Tribal prosecutor, upon recommendation of the Department or any person, may withhold filing a case against any person accused or suspected of child abuse or neglect and refer that person…
Section 1. Informal Hearing A. The child welfare officer and the juvenile presenter, juvenile probation officer, or juvenile counselor may hold an informal conference hearing with the child and the child’s parent, guardian or custodian to discuss alternatives to the…
Section 2. Informal Adjustment A. During the course of the preliminary investigation to determine what further action shall be taken, the juvenile presenter/probation officer shall confer with the child and the child’s parent, guardian or custodian for the purpose of…
Section 19. Forum for Traditional Dispute Resolution The Court Administrator is hereby directed to seek the assistance of the elders of the Santee Sioux Nation to establish a traditional forum to provide guidance and to assist the Judiciary whenever possible…
Section 11. Pre-Trial Conference A. The procedure established in this Section are intended to establish a means whereby both civil and criminal disputes can be settled in the traditional and customary manner by discussion between the parties before a trusted,…
Section 4-5-15. Parenting Plan. 1. In any proceeding under this Chapter, except a proceeding solely for visitation by an immediate or extended family member or person with a significant connection to the child, a parenting plan shall be developed and…
SECTION 11-1-4. Definitions. (a) Corroborating stalking conduct: This term shall mean any evidence of harassing behavior, physical evidence at the scene, records, documents, letters, unsubstantiated alibis, recorded messages, police reporls, prior stalking convictions, witness information, or any other information, which…
Section 3-7-23. Dispositional Hearing. 1. Following the adjudicatory hearing and entry of an order from said hearing, a dispositional hearing shall be held. 2. The primary purpose of the dispositional hearing determine how to resolve the case once the child…