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

19 results found

Alternative Sentencing (Curfew/Loitering Violations)

Section 14.6 Penalties (F) In place of or in addition to the penalty described in (E), the Court, in its discretion, may impose an alternative sentence which addresses the violation in a manner consistent with tribal and cultural values. Such…

Truancy – Peacemaker Referral Requirement

Section 13.11 Enforcement and Penalties The school must document the following steps before the Court hears a truancy petition: (E) Whether the school has referred the child, the child’s parent(s) or guardian(s), Indian Child Welfare Worker, and the child’s teacher…

Agreed Disposition as Court Order (Youth Cases)

Section 8.12 Agreed Disposition as Court Order The Kickapoo Traditional Tribe of Texas Youth Court may enter an order based on an agreed disposition reached during a Peacemaker Program Mediation Hearing provided that: (A) A petition for Fact Finding has…

Child Protective Board Mediation Panel Hearings

Section 8.11 Child Protective Board Mediation Panel Hearings (A) Request for Mediation Hearing: A mediation panel hearing may be requested by the Presenting Officer, the Indian Child Welfare Worker, or by order of the Court. The request shall be filed…

Criminal Matters Referral to Peacemaker System

Section 4.63 Criminal Matters Any criminal matter may be transferred to the Peacemaker System, upon consent of the parties, where: (A) The case does not involve injury to person or property; or (B) Where the victim to the alleged offense…

Youth Court Authority – Diversion and Rehabilitation Programs

Section 7.6 The Court (F) Authority of the Youth Court: (1) The Court is authorized to cooperate fully with any federal, state, tribal, public, or private agency to participate in any diversion, rehabilitation or training programs and to receive grants-in-aid…

Mandatory Referral to Peacemaker System (Civil)

Section 4.56 Mandatory Referral to Peacemaker System Notwithstanding the consent provisions of this Code, if the Trial Judge assigned to any civil case decides that the parties would benefit from a session with a Peacemaker, the judge may order that…

Criminal Probation Condition – Peacemaker Counseling

Section 4.64 Criminal Probation The Tribal Court may, as a condition of criminal probation, require the defendant to submit to the Peacemaker System for traditional and customary counseling, instruction and lectures appropriate to his or her offense. The Tribal Court…