81_FR_10312 81 FR 10273 - Model Indian Juvenile Code

81 FR 10273 - Model Indian Juvenile Code

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

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

Page Range10273-10274
FR Document2016-04325

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 Issue 39 (Monday, February 29, 2016)
[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.

-----------------------------------------------------------------------

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.

------------------------------------------------------------------------
             Date                      Time         Call-In Information
------------------------------------------------------------------------
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
------------------------------------------------------------------------

    The Department will also host the following listening session for 
input on the Model Indian Juvenile Code in conjunction with the 
referenced conference.

----------------------------------------------------------------------------------------------------------------
                Date                          Time                  Location                    Venue
----------------------------------------------------------------------------------------------------------------
April 4, 2016......................  3:30-5:30 p.m. CST....  St. Paul, MN..........  National Indian Child
                                                                                      Welfare Association
                                                                                      (NICWA) Conference
----------------------------------------------------------------------------------------------------------------

    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]
BILLING CODE 4337-15-P



                                                                                 Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices                                           10273

                                                    comment, you should be aware that                       number for interested parties to use to               years since the initial Model Indian
                                                    your entire comment—including your                      submit comments in from ‘‘FWS–R3–                     Juvenile Code was created.
                                                    personal identifying information—may                    ES–FWS–R3–ES–2016–0009’’ to ‘‘FWS–                    Additionally, after the passage of the
                                                    be made publicly available at any time.                 R3–ES–2016–0009’’.                                    Tribal Law and Order Act of 2010, a
                                                    While you can ask us in your comment                      Dated: February 24, 2016.                           Memorandum of Agreement among DOI,
                                                    to withhold your personal identifying                   Tina A. Campbell,                                     DOJ, and DHHS was developed to
                                                    information from public review, we                      Chief, Division of Policy, Performance, and
                                                                                                                                                                  establish a framework for collaboration
                                                    cannot guarantee that we will be able to                Management Programs, U.S. Fish and Wildlife           that results in the coordination of
                                                    do so.                                                  Service.                                              resources and programs. The MOA
                                                                                                            [FR Doc. 2016–04304 Filed 2–26–16; 8:45 am]           specifically referenced 25 U.S.C. 2454
                                                    Authority
                                                                                                            BILLING CODE 4333–15–P
                                                                                                                                                                  and the Model Indian Juvenile Code.
                                                      We provide this notice under section                                                                           Since the creation of the initial Model
                                                    10 of the Act (16 U.S.C. 1531 et seq.)                                                                        Indian Juvenile Code, much has
                                                      Dated: February 10, 2016.                             DEPARTMENT OF THE INTERIOR                            changed in the field of juvenile justice.
                                                    Stewart Jacks,                                                                                                Since the late 1980s, many jurisdictions
                                                    Acting Regional Director, Southwest Region,             Bureau of Indian Affairs                              have engaged in reforms of their
                                                    U.S. Fish and Wildlife Service.                         [156A2100DD/AAKC001030 /                              juvenile justice systems in response to
                                                    [FR Doc. 2016–04298 Filed 2–26–16; 8:45 am]             A0A501010.999900 253G]                                research finding that the standard
                                                    BILLING CODE 4333–15–P
                                                                                                                                                                  juvenile justice system model used in
                                                                                                            Model Indian Juvenile Code                            the United States showed no impact to
                                                                                                                                                                  juvenile delinquency and may have, in
                                                                                                            AGENCY:   Bureau of Indian Affairs,
                                                    DEPARTMENT OF THE INTERIOR                                                                                    fact, increased delinquency rates.
                                                                                                            Interior.
                                                                                                                                                                  Research has also found that adolescent
                                                                                                            ACTION: Notice of Availability.                       brains develop later in life than
                                                    Fish and Wildlife Service
                                                                                                            SUMMARY:   The Bureau of Indian Affairs               previously thought. Researchers,
                                                    [FWS–R3–ES–2016–0009;
                                                    FVES59420300000F2 14X FF03E00000]                       is announcing availability of a draft                 advocates and policy makers urge
                                                                                                            Model Indian Juvenile Code for                        changes to the more punitive models of
                                                    Michigan Department of Natural                          comment. The draft Model Indian                       juvenile justice and encourage systems
                                                    Resources; Application for                              Juvenile Code is intended as a tool to                that are more restorative.
                                                    Enhancement of Survival Permit;                         assist Indian Tribes in creating or                      After contracting with the Center of
                                                    Proposed Programmatic Candidate                         revising their juvenile codes.                        Indigenous Research & Justice (CIRJ),
                                                    Conservation Agreement With                             DATES: Comments are due by midnight                   the BIA shepherded an ‘‘information
                                                    Assurances for the Eastern                              ET on May 27, 2016. See the                           gathering phase’’ beginning with a
                                                    Massasauga Rattlesnake in Michigan;                     SUPPLEMENTARY INFORMATION section of                  workshop to discuss a plan of action in
                                                    Correction                                              this notice for dates of Tribal                       updating the Code, at the Office on
                                                                                                            consultation sessions.                                Victims of Crime’s National Indian
                                                    AGENCY:   Fish and Wildlife Service,                                                                          Nations Conference in Palm Springs,
                                                    Interior.                                               ADDRESSES: Please submit comments by
                                                                                                            email to bia_tribal_courts@bia.gov, or by             California on December 12, 2014. In
                                                    ACTION: Receipt of application; request                                                                       April 2015, BIA made available a
                                                                                                            mail to Natasha Anderson, Deputy
                                                    for comment; correction.                                                                                      Discussion Draft on the BIA Web site for
                                                                                                            Associate Director, Tribal Justice
                                                                                                            Support Directorate, Office of Justice                review and comment. The CIRJ
                                                    SUMMARY:    On February 23, 2016, we, the                                                                     contractor presented details on the
                                                    U.S. Fish and Wildlife Service,                         Services, Bureau of Indian Affairs, 1849
                                                                                                            C Street NW., Mail Stop 2603,                         Discussion Draft at the 2015 Annual
                                                    announced receipt from the Michigan                                                                           Federal Bar Indian Law Conference. The
                                                    Department of Natural Resources of an                   Washington, DC 20240. The full draft
                                                                                                            Model Indian Juvenile Code is at: http://             BIA held a listening session on the
                                                    application for an enhancement of                                                                             Discussion Draft at the 2015 National
                                                    survival permit under the Endangered                    www.bia.gov/cs/groups/xojs/
                                                                                                            documents/document/idc1-033097.pdf.                   Congress of American Indians’ Mid-Year
                                                    Species Act of 1973, as amended. The                                                                          Conference in Saint Paul, Minnesota.
                                                    notice contained a typographical error                     See the SUPPLEMENTARY INFORMATION
                                                                                                            section of this notice for addresses of               NCAI hosted a follow-up webinar in
                                                    in the docket number for interested                                                                           November 2015 on Juvenile Justice with
                                                    parties to use to submit comments. The                  Tribal consultation sessions.
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      a focus on the principles of the Model
                                                    correct docket number is [FWS–R3–ES–                                                                          Indian Juvenile Code update.
                                                    2016–0009]. With this notice, we correct                Natasha Anderson, Deputy Associate
                                                    that error.                                             Director, Tribal Justice Support                      II. Summary of the Model Indian
                                                                                                            Directorate, Office of Justice Services,              Juvenile Code
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            Bureau of Indian Affairs, at telephone
                                                    Scott Hicks, Field Supervisor, East                                                                              The 2016 Model Indian Juvenile Code
                                                                                                            (202) 513–0367.
                                                    Lansing Field Office, by U.S. mail (see                                                                       is divided into three categories: 1)
                                                    ADDRESSES); by telephone (517–351–                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  Delinquency; 2) Child in Need of
                                                    6274), or by facsimile (517–351–1443).                  I. Background                                         Services; and 3) Truancy.
                                                    If you use a telecommunications device                                                                           The 2015 Model Indian Juvenile Code
                                                                                                               The BIA initially contracted with the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    for the deaf, please call the Federal                                                                         focuses on several principles including,
                                                                                                            National Indian Justice Center to
                                                    Information Relay Service at 800–877–                                                                         but not limited to:
                                                                                                            develop the first Code in 1988 after the
                                                    8339.                                                                                                            • Right to Counsel for Each Child
                                                                                                            passage Public Law 99–570, title IV,
                                                    SUPPLEMENTARY INFORMATION:    In the                    § 4221, which required the creation of a              Brought Into the Juvenile Justice
                                                    Federal Register of February 23, 2016                   ‘‘Model Indian Juvenile Code’’ (25                    System;
                                                    (81 FR 8986), in FR Doc. 2016–03692,                    U.S.C. 2454).                                            • Right to Counsel for Parents;
                                                    on page 8986 in the first column, in the                   Most codes should be updated on a                     • Preference for Alternatives to
                                                    ADDRESSES section, correct the docket                   regular basis; and it has been over 25                Secure Detention; and


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                                                    10274                              Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices

                                                      • Numerous Opportunities to Divert                            INFORMATION CONTACT    section of this                          for input on the Model Indian Juvenile
                                                    Cases Out of Adversarial Process and                            notice. Further information is available                        Code: Two teleconference sessions in
                                                    into Traditional Forums as Preferred by                         on the Tribal Justice Support                                   March 2016, two teleconference
                                                    a Particular Tribal Community.                                  Directorate’s page at http://                                   sessions in April 2016; and one in-
                                                                                                                    www.bia.gov/WhoWeAre/BIA/OJS/ojs-                               person Listening Session to be held in
                                                    III. Model Indian Juvenile Code
                                                                                                                    services/ojs-tjs/index.htm.                                     conjunction with the referenced
                                                      The full draft Model Indian Juvenile                                                                                          conference. Please visit the
                                                                                                                    IV. Opportunity for Comment & Tribal
                                                    Code is available at: http://www.bia.gov/                                                                                       Department’s ‘‘Consultation’’ Web page
                                                                                                                    Consultations
                                                    cs/groups/xojs/documents/document/                                                                                              at http://www.indianaffairs.gov/
                                                    idc1-033097.pdf or by contacting the                              The Department will be hosting the                            WhoWeAre/AS-IA/Consultation/
                                                    person listed in the FOR FURTHER                                following Tribal consultation sessions                          index.htm for additional information.

                                                                         Date                                              Time                                                        Call-In Information

                                                    March 30, 2016 ...............................      3:30–5:30   p.m.   EST    ......................    800–857–5008,     passcode   1291169
                                                    March 31, 2016 ...............................      3:30–5:30   p.m.   EST    ......................    800–857–5008,     passcode   1291169
                                                    April 13, 2016 ..................................   3:30–5:30   p.m.   EST    ......................    800–857–5008,     passcode   1291169
                                                    April 14, 2016 ..................................   3:30–5:30   p.m.   EST    ......................    800–857–5008,     passcode   1291169



                                                      The Department will also host the                             conjunction with the referenced
                                                    following listening session for input on                        conference.
                                                    the Model Indian Juvenile Code in

                                                                     Date                                     Time                                Location                                         Venue

                                                    April 4, 2016 ...........................   3:30–5:30 p.m. CST ..............          St. Paul, MN .......         National Indian Child Welfare Association (NICWA) Con-
                                                                                                                                                                          ference



                                                      After receiving comments, the BIA                             of the Arctic National Wildlife Refuge,                         Copies may be obtained from this office
                                                    will then publish a link to the final                           Alaska.                                                         for a minimum recovery fee.
                                                    version of the Model Indian Juvenile                            Umiat Meridian                                                     If a protest against the survey is
                                                    Code in the Federal Register. The final                                                                                         received prior to the date of official
                                                    version will be available in PDF and                            Tps. 5 & 6 N., Rs. 23 E., accepted July 24,
                                                                                                                      2015                                                          filing, the filing will be stayed pending
                                                    Word document formats for Tribes to                             Tps. 1 thru 4 N., Rs. 24 E., accepted July 24,                  consideration of the protest. A plat will
                                                    immediately adapt to their needs.                                 2015                                                          not be officially filed until the day after
                                                      Dated: February 24, 2016.                                     T. 1 S., R. 25 E., accepted July 24, 2015                       all protests have been dismissed.
                                                    Lawrence Roberts,                                               ADDRESSES: Bureau of Land                                          A person or party who wishes to
                                                    Acting Assistant Secretary—Indian Affairs.                      Management, Alaska State Office, 222                            protest against this survey must file a
                                                    [FR Doc. 2016–04325 Filed 2–26–16; 8:45 am]                     W. 7th Avenue, Stop 13, Anchorage,                              written response with the BLM Alaska
                                                    BILLING CODE 4337–15–P                                          Alaska 99513–7504.                                              State Director, stating that they wish to
                                                                                                                                                                                    protest.
                                                                                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                                       Before including your address, phone
                                                                                                                    Michael H. Schoder, BLM Alaska Chief
                                                    DEPARTMENT OF THE INTERIOR                                                                                                      number, email address, or other
                                                                                                                    Cadastral Surveyor, Branch of Cadastral
                                                                                                                                                                                    personal identifying information in your
                                                    Bureau of Land Management                                       Survey,, Alaska State Office, 222 W. 7th
                                                                                                                                                                                    comment, you should be aware that
                                                                                                                    Avenue, Stop 13, Anchorage, Alaska
                                                                                                                                                                                    your entire comment—including your
                                                    [LLAK942000.L14100000.BJ0000.16X]                               99513–7504; telephone 907–271–5481;
                                                                                                                                                                                    personal identifying information—may
                                                                                                                    fax: 907–271–4549; email: mschoder@
                                                                                                                                                                                    be made publicly available at any time.
                                                    Notice of Filing of Plats of Survey;                            blm.gov.
                                                                                                                                                                                    While you can ask us in your comment
                                                    Alaska                                                             Persons who use a                                            to withhold your personal identifying
                                                                                                                    telecommunications device for the deaf                          information from public review, we
                                                    AGENCY:   Bureau of Land Management,
                                                                                                                    (TDD) may call the Federal Information                          cannot guarantee that we will be able to
                                                    Interior.
                                                                                                                    Relay Service (FIRS) at 1–800–877–8339                          do so.
                                                    ACTION: Notice of Filing of Plats of                            to contact the above individual during
                                                    Survey.                                                                                                                            A statement of reasons for a protest
                                                                                                                    normal business hours. The FIRS is                              may be filed with the notice of protest
                                                    SUMMARY:    The plats of survey of the                          available 24 hours a day, seven days a                          to the State Director; the statement of
                                                    following described lands are scheduled                         week, to leave a message or question                            reasons must be filed with the State
                                                    to be officially filed in the Bureau of                         with the above individual. You will                             Director within thirty days after a
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Land Management (BLM), Alaska State                             receive a reply during normal business                          protest is filed.
                                                    Office, Anchorage, Alaska, 30 days from                         hours.
                                                                                                                                                                                      Authority: 43 U.S.C. 3§ 53.
                                                    the date of publication in the Federal                          SUPPLEMENTARY INFORMATION:     The
                                                    Register.                                                       survey plats will be available for                                Dated: February 22, 2016.
                                                       Survey Description: The following                            inspection in the BLM Alaska Public                             Michael H. Schoder,
                                                    plats represent the survey, dependent                           Information Center, Alaska State Office,                        Chief Cadastral Surveyor, Alaska.
                                                    survey, meanders and survey of the                              222 West 7th Avenue, Anchorage,                                 [FR Doc. 2016–04299 Filed 2–26–16; 8:45 am]
                                                    fixed and limiting boundary of a portion                        Alaska 99513–7504; 907–271–5960.                                BILLING CODE 4310–JA–P




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Document Created: 2016-02-27 02:05:24
Document Modified: 2016-02-27 02:05:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Availability.
DatesComments are due by midnight ET on May 27, 2016. See the SUPPLEMENTARY INFORMATION section of this notice for dates of Tribal consultation sessions.
ContactNatasha Anderson, Deputy Associate Director, Tribal Justice Support Directorate, Office of Justice Services, Bureau of Indian Affairs, at telephone (202) 513-0367.
FR Citation81 FR 10273 

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