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

159 results found

Deferred Prosecution for Substance Abuse-Related Offenses

§9.12.1205 Deferred prosecution—Offenses caused by alcohol or drug abuse. (A) A person charged with a misdemeanor or gross misdemeanor may request the Tribal Court to be considered for a deferred prosecution program under this subsection. The request shall be made…

Restitution to Victims

§9.12.1215 Restitution. If a person has gained money or property, or caused a victim to lose money or property through the commission of a crime, upon conviction thereof the Court, in lieu of imposing the fine authorized for the offense,…

Suspended Sentences with Alternatives to Incarceration

§9.12.1230 Suspending sentences. (A) Authorization. Whenever any person shall be convicted of any crime, the Court may in its discretion, at the time of imposing sentence upon such person, direct that such sentence, or any part of it, be stayed…

Mandatory Investigation of Alternatives for Youth Offenders

§9.12.1235 Sentencing for offenders under the age of eighteen. All persons subject to this code who are under the age of eighteen (18) shall be tried as all other offenders. At sentencing, however, the Court is required to investigate alternates…

Mandatory Treatment Option for Abuse and Sexual Offenses

§9.12.150 Child abuse or neglect. (B) Child abuse or neglect is a gross misdemeanor and upon conviction thereof, the offender may be required by the Court to undergo medical evaluation and treatment, in addition to or instead of any other…

Treatment and Counseling for Domestic Violence

§9.12.1055 Relief—Realignment of designation of parties. (A) Upon notice and after hearing, the Court may provide relief as follows: (1) Restrain a party from committing acts of domestic, community, or workplace violence; (2) Exclude the respondent from: (1) the dwelling…

Community Boards Mediation for Youth in Need of Care

§10.08.050 Community boards 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….(E) Procedure of the Mediation Panel Hearing. The…

Substance Abuse Treatment for Youth in Need of Care

§10.08.040 Disposition. (I) Dispositional Alternatives for Youths in Need of Care. If a youth has been determined to be in need of care, the Court may take any of the following dispositions which are listed by priority: (7) Order the…

Truancy Interventions – Counseling and Community Service

§10.24.100 Failure to attend school. (B) Penalties and Conditions. (2) The Tribal Court shall have the flexibility to assign penalties and conditions consistent with the enforcement abilities of the Tribe and the circumstances of the child, parent, and/or guardian. These…

Sentencing Guidelines – Traditional Remedies and Rehabilitation

4.65.005 – Sentencing- Guidelines The judges of the Court shall have broad latitude in the sentencing of persons convicted of any offense, except in cases concerning Class A Criminal Offenses, wherein the prescribed sentences shall be considered mandatory. Sentences for…