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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Dispositional Options for Child Offenders and their family

Section 3-7-24. Order After Dispositional Hearing. 1. After a dispositional hearing, the Court shall enter written findings of fact, conclusions of law and an order based on the results of said hearing. The order shall: a. State the disposition of…

Informal Conference for Juveniles

Section 3-7-15. Informal Conference. 1. The Tribal Attorney and/or the Department may, at any time before or after a petition is filed and prior to disposition, hold an informal conference with the child and the child’s parents, guardian or custodian…

Court cannot Order Restorative Justice in Domestic Violence Cases

SECTION 11-5-12. Mediation Prohibited. The Court shall not order the parties into counseling, mediation, restorative justice, peace-making, circle sentencing, traditional Omaha ceremonies or any other type of mediation situation that would put the Petitioner in the position of dealing directly…

Rehabilitative Efforts for Curfew Violations

SECTION 12-7-3. Status Offenses A status offense is an action that is proscribed conduct only for those persons below a defined statutory age and is not considered criminal conduct for those above the statutory age. (a) CURFEW VIOLATlON. (I) This…

Truancy Counseling and Help

Section 12-11-3 Nonattendane; School District; Duties; Remedial Services; Enforcement. (a) Any superintendent, principal, teacher, or member of the school board who knows of any violation of section 12-10-1, on the part of any child of school age, his or her…

Disposition Options for Juvenile Delinquency

SECTION 12-8-13. Decree of Disposition (a) After adjudication as a juvenile delinquent and subsequent investigation and analysis under Section 12-8-12 above, the court shall enter a decree of disposition according to the least restrictive alternative available in the best interests…

Disposition Options for Child in Need of Care Cases

SECT I ON 12-7-12. Decree of Disposition Upon adjudication as a child in need of supervision, the court shall enter a decree of disposition according to the least restrictive alternative available in the best interests of the child. The court…

Senetncing Policy for Criminal Offenses

Section 403. General Sentencing Provisions Statement of Policy. The sentencing policy of the Tribe in criminal cases is to strive toward restitution and reconciliation of the offender and the victim and Tribe. While one goal of sentencing is to impress…

Sentencing Policy for Domestic Violence Cases

Section 231. Role of the Court; sentencing; probation conditions. In responding to the crime of domestic violence the Court shall: (a) Establish a specialized court docket to expedite trials of domestic violence criminal cases as prescribed under Section 239. The…