81_FR_72810 81 FR 72607 - Model Indian Juvenile Code

81 FR 72607 - Model Indian Juvenile Code

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 81, Issue 203 (October 20, 2016)

Page Range72607-72607
FR Document2016-25374

The Bureau of Indian Affairs is announcing availability of the final version of the updated 2016 Model Indian Juvenile Code. The updated 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 203 (Thursday, October 20, 2016) 
[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Page 72607]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25374]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[178A2100DD/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 the 
final version of the updated 2016 Model Indian Juvenile Code. The 
updated Model Indian Juvenile Code is intended as a tool to assist 
Indian Tribes in creating or revising their juvenile codes.

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

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, section 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.
    On February 24, 2016, the BIA announced the availability of the 
Draft 2016 Model Indian Juvenile Code for Consultation. Four telephonic 
Tribal consultation sessions were held on March 30-31 and April 13-14, 
2016 in addition to an in-person listening session on April 6, 2016, at 
the Annual Conference of the National Indian Child Welfare Association. 
Written Comments were also accepted with a deadline of May 27, 2016.

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 2016 Model Indian Juvenile Code focuses on several principles 
including, but not limited to:
     Ability to divert out of formal process at each decision 
point;
     Embeds right to counsel for juveniles in delinquency/
truancy;
     Restricts use of detention;
     Commentary on choices made in the code and discussion of 
options for implementation--including diversion examples;
     Distinguishing between delinquent acts and need for 
services;
    [cir] For delinquent acts, focus on supervision, treatment and 
rehabilitation;
     Process ensuring rights of parties; and
     Coordination of services.
    We have considered the comments received on the draft; and now 
issue the updated and annotated Model Indian Juvenile Code available 
at: http://www.bia.gov/cs/groups/xojs/documents/document/idc2-047015.pdf or by contacting the person listed in the FOR FURTHER 
INFORMATION CONTACT section of this notice. The updated Code is 
available in both an Annotated PDF and a Microsoft Word version which 
can be adapted for each Tribe's needs. 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.

    Dated: October 7, 2016.
Lawrence Roberts,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2016-25374 Filed 10-19-16; 8:45 am]
 BILLING CODE 4337-15-P

Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices 72607 Republic of South Africa, for the passage Public Law 99–570, title IV, were also accepted with a deadline of purpose of enhancement of the survival section 4221, which required the May 27, 2016. of the species. creation of a ‘‘Model Indian Juvenile II. Summary of the Model Indian Code’’ (25 U.S.C. 2454). Applicant: Lawrence Miller, Palatine, Juvenile Code IL; PRT–03197C Most codes should be updated on a regular basis; and it has been over 25 The 2016 Model Indian Juvenile Code Applicant: Seixas Milner, years since the initial Model Indian is divided into three categories: (1) Lawrenceville, GA; PRT–04168C Juvenile Code was created. Delinquency; (2) Child in Need of Applicant: David McNeil, Buhl, AL; Additionally, after the passage of the Services; and (3) Truancy. Tribal Law and Order Act of 2010, a The 2016 Model Indian Juvenile Code PRT–05019C Memorandum of Agreement among DOI, focuses on several principles including, B. Endangered Marine Mammals and DOJ, and DHHS was developed to but not limited to: Marine Mammals establish a framework for collaboration • Ability to divert out of formal that results in the coordination of process at each decision point; Applicant: Anthony Pagano, USGS/ • Embeds right to counsel for Alaska Science Center, Anchorage, AK; resources and programs. The MOA specifically referenced 25 U.S.C. 2454 juveniles in delinquency/truancy; PRT–77245B • Restricts use of detention; and the Model Indian Juvenile Code. The applicant requests an amendment • Commentary on choices made in Since the creation of the initial Model to the permit to take captive polar bears the code and discussion of options for Indian Juvenile Code, much has for the purpose of scientific research on implementation—including diversion changed in the field of juvenile justice. polar bear diets and energetics. This examples; Since the late 1980s, many jurisdictions notification covers activities to be • Distinguishing between delinquent have engaged in reforms of their conducted by the applicant over a 5- acts and need for services; juvenile justice systems in response to Æ For delinquent acts, focus on year period. Concurrent with publishing this research finding that the standard supervision, treatment and notice in the Federal Register, we are juvenile justice system model used in rehabilitation; forwarding copies of the above the United States showed no impact to • Process ensuring rights of parties; applications to the Marine Mammal juvenile delinquency and may have, in and Commission and the Committee of fact, increased delinquency rates. • Coordination of services. Scientific Advisors for their review. Research has also found that adolescent We have considered the comments brains develop later in life than received on the draft; and now issue the Brenda Tapia, previously thought. Researchers, updated and annotated Model Indian Program Analyst/Data Administrator, Branch advocates and policy makers urge Juvenile Code available at: http://www of Permits, Division of Management changes to the more punitive models of .bia.gov/cs/groups/xojs/documents/ Authority. juvenile justice and encourage systems document/idc2-047015.pdf or by [FR Doc. 2016–25382 Filed 10–19–16; 8:45 am] that are more restorative. contacting the person listed in the FOR BILLING CODE 4310–55–P After contracting with the Center of FURTHER INFORMATION CONTACT section of Indigenous Research & Justice (CIRJ), this notice. The updated Code is the BIA shepherded an ‘‘information available in both an Annotated PDF and DEPARTMENT OF THE INTERIOR gathering phase’’ beginning with a a Microsoft Word version which can be workshop to discuss a plan of action in adapted for each Tribe’s needs. Further Bureau of Indian Affairs updating the Code, at the Office on information is available on the Tribal [178A2100DD/AAKC001030/ Victims of Crime’s National Indian Justice Support Directorate’s page at A0A501010.999900 253G] Nations Conference in Palm Springs, http://www.bia.gov/WhoWeAre/BIA/ California on December 12, 2014. In OJS/ojs-services/ojs-tjs/index.htm. Model Indian Juvenile Code April 2015, BIA made available a Dated: October 7, 2016. AGENCY: Bureau of Indian Affairs, Discussion Draft on the BIA Web site for review and comment. The CIRJ Lawrence Roberts, Interior. contractor presented details on the Principal Deputy Assistant Secretary—Indian ACTION: Notice of availability. Affairs. Discussion Draft at the 2015 Annual SUMMARY: The Bureau of Indian Affairs Federal Bar Indian Law Conference. The [FR Doc. 2016–25374 Filed 10–19–16; 8:45 am] is announcing availability of the final BIA held a listening session on the BILLING CODE 4337–15–P version of the updated 2016 Model Discussion Draft at the 2015 National Indian Juvenile Code. The updated Congress of American Indians’ Mid-Year Model Indian Juvenile Code is intended Conference in Saint Paul, Minnesota. DEPARTMENT OF THE INTERIOR as a tool to assist Indian Tribes in NCAI hosted a follow-up webinar in Bureau of Indian Affairs creating or revising their juvenile codes. November 2015 on Juvenile Justice with FOR FURTHER INFORMATION CONTACT: a focus on the principles of the Model [178A2100DD/AAKC001030/ Natasha Anderson, Deputy Associate Indian Juvenile Code update. A0A501010.999900 253G] Director, Tribal Justice Support On February 24, 2016, the BIA announced the availability of the Draft HEARTH Act Approval of Chemehuevi Directorate, Office of Justice Services, 2016 Model Indian Juvenile Code for Indian Tribe Regulations Bureau of Indian Affairs, (202) 513– mstockstill on DSK3G9T082PROD with NOTICES 0367 or BIA_Tribal_Courts@bia.gov. Consultation. Four telephonic Tribal AGENCY: Bureau of Indian Affairs, SUPPLEMENTARY INFORMATION: consultation sessions were held on Interior. March 30–31 and April 13–14, 2016 in ACTION: Notice. I. Background addition to an in-person listening The BIA initially contracted with the session on April 6, 2016, at the Annual SUMMARY: On October 7, 2016, the National Indian Justice Center to Conference of the National Indian Child Bureau of Indian Affairs (BIA) approved develop the first Code in 1988 after the Welfare Association. Written Comments the Chemehuevi Indian Tribe of the VerDate Sep<11>2014 16:40 Oct 19, 2016 Jkt 241001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1


Document Created: 2016-10-21 09:59:10
Document Modified: 2016-10-21 09:59:10
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.
ContactNatasha Anderson, Deputy Associate Director, Tribal Justice Support Directorate, Office of Justice Services, Bureau of Indian Affairs, (202) 513-0367 or [email protected]
FR Citation81 FR 72607 
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