81 FR 10273 - Model Indian Juvenile Code

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 81, Issue 39 (February 29, 2016)

The Bureau of Indian Affairs is announcing availability of a draft Model Indian Juvenile Code for comment. The draft Model Indian Juvenile Code is intended as a tool to assist Indian Tribes in creating or revising their juvenile codes.

[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Notices]
[Pages 10273-10274]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04325]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[156A2100DD/AAKC001030 / A0A501010.999900 253G]


Model Indian Juvenile Code

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of Availability.

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SUMMARY: The Bureau of Indian Affairs is announcing availability of a 
draft Model Indian Juvenile Code for comment. The draft Model Indian 
Juvenile Code is intended as a tool to assist Indian Tribes in creating 
or revising their juvenile codes.

DATES: Comments are due by midnight ET on May 27, 2016. See the 
SUPPLEMENTARY INFORMATION section of this notice for dates of Tribal 
consultation sessions.

ADDRESSES: Please submit comments by email to 
[email protected], or by mail to Natasha Anderson, Deputy 
Associate Director, Tribal Justice Support Directorate, Office of 
Justice Services, Bureau of Indian Affairs, 1849 C Street NW., Mail 
Stop 2603, Washington, DC 20240. The full draft Model Indian Juvenile 
Code is at: http://www.bia.gov/cs/groups/xojs/documents/document/idc1-033097.pdf.
    See the SUPPLEMENTARY INFORMATION section of this notice for 
addresses of Tribal consultation sessions.

FOR FURTHER INFORMATION CONTACT: Natasha Anderson, Deputy Associate 
Director, Tribal Justice Support Directorate, Office of Justice 
Services, Bureau of Indian Affairs, at telephone (202) 513-0367.

SUPPLEMENTARY INFORMATION: 

I. Background

    The BIA initially contracted with the National Indian Justice 
Center to develop the first Code in 1988 after the passage Public Law 
99-570, title IV, Sec.  4221, which required the creation of a ``Model 
Indian Juvenile Code'' (25 U.S.C. 2454).
    Most codes should be updated on a regular basis; and it has been 
over 25 years since the initial Model Indian Juvenile Code was created. 
Additionally, after the passage of the Tribal Law and Order Act of 
2010, a Memorandum of Agreement among DOI, DOJ, and DHHS was developed 
to establish a framework for collaboration that results in the 
coordination of resources and programs. The MOA specifically referenced 
25 U.S.C. 2454 and the Model Indian Juvenile Code.
    Since the creation of the initial Model Indian Juvenile Code, much 
has changed in the field of juvenile justice. Since the late 1980s, 
many jurisdictions have engaged in reforms of their juvenile justice 
systems in response to research finding that the standard juvenile 
justice system model used in the United States showed no impact to 
juvenile delinquency and may have, in fact, increased delinquency 
rates. Research has also found that adolescent brains develop later in 
life than previously thought. Researchers, advocates and policy makers 
urge changes to the more punitive models of juvenile justice and 
encourage systems that are more restorative.
    After contracting with the Center of Indigenous Research & Justice 
(CIRJ), the BIA shepherded an ``information gathering phase'' beginning 
with a workshop to discuss a plan of action in updating the Code, at 
the Office on Victims of Crime's National Indian Nations Conference in 
Palm Springs, California on December 12, 2014. In April 2015, BIA made 
available a Discussion Draft on the BIA Web site for review and 
comment. The CIRJ contractor presented details on the Discussion Draft 
at the 2015 Annual Federal Bar Indian Law Conference. The BIA held a 
listening session on the Discussion Draft at the 2015 National Congress 
of American Indians' Mid-Year Conference in Saint Paul, Minnesota. NCAI 
hosted a follow-up webinar in November 2015 on Juvenile Justice with a 
focus on the principles of the Model Indian Juvenile Code update.

II. Summary of the Model Indian Juvenile Code

    The 2016 Model Indian Juvenile Code is divided into three 
categories: 1) Delinquency; 2) Child in Need of Services; and 3) 
Truancy.
    The 2015 Model Indian Juvenile Code focuses on several principles 
including, but not limited to:
     Right to Counsel for Each Child Brought Into the Juvenile 
Justice System;
     Right to Counsel for Parents;
     Preference for Alternatives to Secure Detention; and

[[Page 10274]]

     Numerous Opportunities to Divert Cases Out of Adversarial 
Process and into Traditional Forums as Preferred by a Particular Tribal 
Community.

III. Model Indian Juvenile Code

    The full draft Model Indian Juvenile Code is available at: http://www.bia.gov/cs/groups/xojs/documents/document/idc1-033097.pdf or by 
contacting the person listed in the FOR FURTHER INFORMATION CONTACT 
section of this notice. Further information is available on the Tribal 
Justice Support Directorate's page at http://www.bia.gov/WhoWeAre/BIA/OJS/ojs-services/ojs-tjs/index.htm.

IV. Opportunity for Comment & Tribal Consultations

    The Department will be hosting the following Tribal consultation 
sessions for input on the Model Indian Juvenile Code: Two 
teleconference sessions in March 2016, two teleconference sessions in 
April 2016; and one in-person Listening Session to be held in 
conjunction with the referenced conference. Please visit the 
Department's ``Consultation'' Web page at http://www.indianaffairs.gov/WhoWeAre/AS-IA/Consultation/index.htm for additional information.

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             Date                      Time         Call-In Information
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March 30, 2016................  3:30-5:30 p.m.     800-857-5008,
                                 EST.               passcode 1291169
March 31, 2016................  3:30-5:30 p.m.     800-857-5008,
                                 EST.               passcode 1291169
April 13, 2016................  3:30-5:30 p.m.     800-857-5008,
                                 EST.               passcode 1291169
April 14, 2016................  3:30-5:30 p.m.     800-857-5008,
                                 EST.               passcode 1291169
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    The Department will also host the following listening session for 
input on the Model Indian Juvenile Code in conjunction with the 
referenced conference.

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                Date                          Time                  Location                    Venue
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April 4, 2016......................  3:30-5:30 p.m. CST....  St. Paul, MN..........  National Indian Child
                                                                                      Welfare Association
                                                                                      (NICWA) Conference
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    After receiving comments, the BIA will then publish a link to the 
final version of the Model Indian Juvenile Code in the Federal 
Register. The final version will be available in PDF and Word document 
formats for Tribes to immediately adapt to their needs.

    Dated: February 24, 2016.
Lawrence Roberts,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 2016-04325 Filed 2-26-16; 8:45 am]
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