North Dakota Human Trafficking Law Offers "Safe Harbor" to Minors

Along with jobs and commerce, the Bakken oil fields have brought organized drug crime and human trafficking to a state poorly equipped to handle either. New legislation went into effect August 1 that promises to start addressing the problem of human trafficking, particularly individuals or businesses who coerce minors into performing criminal acts, such as prostitution and drug dealing.

This amendment to the Uniform Act on Prevention of and Remedies for Human Trafficking clarifies the laws on trafficking, forced labor and sexual servitude—including patronizing a victim of sexual servitude—and makes these crimes a felony. The legislation defines aggravating circumstances as recruiting or enticing victims from shelters for victims, youth, runaways, or the homeless.

On the other hand, new protections are enacted for victims of human trafficking, including establishing victim confidentiality and limiting how evidence concerning the reputation or past sexual behavior of victims can be used by the prosecution. Minors who are coerced into criminal activity now have immunity from prosecution for delinquency for such crimes as prostitution, possession of drugs or drug paraphernalia, bouncing checks, petty theft and forgery. Any minor engaged in commercial sexual activity is considered a victim in need of child services. Individuals convicted of the above crimes while minors are encouraged to petition the court to vacate the conviction and get their record expunged. Victims of human trafficking can also bring civil action against traffickers and those who engage in commercial sexual activity. Finally, victims of human trafficking are automatically eligible for benefits or services from the state, regardless of immigration status, and even adds directives for helping undocumented victims qualify for a visa.

As part of the package, the legislature appropriated $1.25 million to help human trafficking victims, with a priority of establishing centers for victims to find services. The legislation also established a commission, which will be headed by State Attorney General Wayne Stenehjam.



What does this mean for residents of Indian Country, especially Fort Berthold, home to the Mandan, Hidatsa and Arikara Nations, where police report a fourfold increase in human trafficking, as well as associated crimes like drug dealing? The reservation has no shelters or other services for victims of human trafficking, although human trafficking groups have been working diligently to raise awareness of the issue among tribal members. The US Attorney's Office reported that fully half of the victims in sex trafficking cases prosecuted by the office were American Indian women and girls. The 20-officer strong Fort Berthold police force is struggling to respond to the surge in crime, with help from the FBI but without help from the state, despite the substantial oil impact money paid by the oil and gas development corporations.

None of the $1.25 million appropriated is earmarked specifically for services to tribes, and while the bulk of it is intended to be spent on services and programs in western North Dakota, there is no assurance that the centers will be convenient for Native victims of trafficking. Not all the 19 members newly appointed to the commission have been announced but so far, no representative from any of North Dakota's tribes has been named.

Law Enforcement Partnerships Prevent Overdose Deaths

The statistics are grim. Prescription drug overdoses are up for the 11th straight year, and according to the CDC, 44 people die every day from a prescription drug overdose-- usually involving opioid painkillers, like Oxycodone. Increasingly, patients who become addicted to prescription painkillers turn to heroin as a cheaper equivalent. The surge in demand for heroin has led to a surge in the use of adulterants like fentanyl, which in turn is causing surging heroin-related deaths. The bright side is that people who do recover from opioid overdoses, and receive counseling and resources during their time of crisis, are more likely to make the effort to overcome their addiction. Law enforcement and first responders can be a key piece of that "intervention moment" when they are trained to administer Naloxone nasal spray (often known by its brand name of Narcan). Naloxone doesn’t substitute for emergency care but provides more time for medical units to arrive and treat the victim.

Washington's Lummi tribe was among the first in the nation to make Naloxone kits, along with prevention and education training, standard for law enforcement. The tribe acted in response to an"epidemic of drug overdose and death due to illegal drug use by community members of all backgrounds." In partnership with Lummi public health agencies, Lummi Nation police officers were trained to recognize the signs of opioid overdose and to respnd appropriately. Within six weeks of training, officers had prevented three deaths.

Recently, the Suquamish tribe announced a partnership to equip and train all officers, as well as members of the general public with Naloxone kits. When these tribal communities saw an increase in prescription drug abuse and then heroin use, the tribal governments, health departments, law enforcement and community members put their heads together as to how to respond. The tribal councils passed "Good Samaritan" laws to ensure that someone trying to help would not be liable for the outcome. Tribes worked with local pharmacies to keep supplies of the kits available, and to distribute kits and training to individuals.

Tribal first responders may need to work around state laws regarding the administration of Naloxone, especially where cross-jurisdictional agreements are in place. However, with federal encouragement, states are increasingly likely to encourage the widespread use of Naloxone in emergency situations.

Surge in Fentanyl Laced Heroin Threatens Responders

CNRB suits are recommended in
crime scenes involving fentanyl exposure
(US Navy photo)

As prescription drugs have become harder to obtain and harder to get a high from, opioid addicts have been turning to heroin, both in Indian Country and throughout the nation. This demand has inspired Mexican cartels and other drug traffickers to start cutting the heroin they distribute with fentanyl. Fentanyl is a legal, but very dangerous drug that has legitimate use as a painkilling analgesic. It's 80-100 times more potent than morphine, and as little as 0.7 nanograms (one billionth of a gram) is enough to cause death in a user, especially combined with other drugs. The potency of the drug seems like a boon to manufacturers, but in reality, it's difficult to reduce pure fentanyl to levels safe for ingestion. The DEA, who recently issued an urgent warning about fentanyl and fentanyl analogues,  estimated a single seizure of 5800 grams of fentanyl prevented some 46 million doses from hitting the street.
The upper threshold for lethal exposure is 2 milligrams, and can be absorbed by the skin, in the air, in food or in water. In general, only laboratory testing can establish the presence of fentanyl in heroin, making it even more dangerous for law enforcement responding to a crime scene.

The CDC recommends a minimum of coveralls, boots and gloves when responding to an area where the concentration of fentanyl is known to be below the level of acceptable exposure, which is listed as "undetermined."  The CDC additionally recommends that responders wear full protective gear, including respirators and suits rated for chemical exposure, if the level of fentanyl contamination is unknown.

Tribal law enforcement faces a difficult balance of continuing to respond to emergency calls involving heroin use, distribution, and overdoses, and maintaining a safe distance until officer safety can be established. Police departments should stay on top of trends and note spiking trends in overdoses, which may indicate the presence of fentanyl in the supply chain. If the presence of fentanyl is suspected at a crime scene, serious precautions should be taken in investigating the area, collecting and transporting the evidence, decontaminating officers, victims and remains, and in testing the evidence.

The remedy for exposure to a toxic level of fentanyl is intravenous administration of naloxone. Just as some police departments are making naloxone kids part of standard issue equipment, the Blood Tribe of Canada is training tribal members to administer naloxone, as part of an effort to stem an epidemic of overdoses from fentanyl-laced drugs.

The Growing Threat of Fentanyl | Create infographics

George Sword: First Native Police Captain

Captain George Sword, center
Library of Congress
Prints and Photographs Division

The Oglala Lakota Sioux akicita society traditionally enforced the law, ensured the security of the tribe, and captured wrongdoers. During the early reservation days, the akicita earned the respect of the Indian Agents and continued to do their duty as regards to tribal members. They were so effective, the Agency wanted to recruit the akicitas as tribal police but many tribal members opposed oversight from the government.

It may have been an issue of jurisdiction that inspired many akicitas to overcome their distrust of the government and sign up with the tribal police. Horse thieves from outside the tribe were preying on the Lakota horses, and without jurisdiction, there was nothing the akicitas could do. After hundreds of horses were lost in 1879, dozens of men signed up for the police. George Sword, also known as Man Who Carries the Sword, ably led the police for thirteen years, before retiring and becoming a tribal judge. Sword served his tribe as a medicine man, holy man, camp administrator and war leader. He felt his work as police captain continued this work, helping his people transition to the new era.

As head of the Pine Ridge Indian police, Captain Sword commanded 49 men, including many recruits from outside the tribe and maintained his traditional appearance and duties while serving.

Native Values Matter with Community Policing

Julia Wades in Water and Police Chief Wades in Water
Montana State University Library, Special Collections 

Whether or not it's the buzzword of the day, many tribes traditionally practiced some form of community policing. A society or clan might have special enforcement or judicial privileges, but other members of a community would help set the norms, identify negative behavior, and help to find solutions when asked.

Julia Wades in Water, of the Blackfeet Nation, was hired as a policewoman in 1905 by her husband, Police Chief Wades in Water. The couple took their roles as elders and protectors of Blackfeet tradition very seriously. Wades in the Water was a member of the traditional Crazy Dog Society, which according to Blackfeet historian Curly Bear Wagner, were once the sole "police force" and remained a "very important organization."

As the first Native female police officer in the nation, Julia Wades in Water served her community for 25 years, managing the detention facility and assisting with female suspects. While her husband pioneered diversion tactics like making "troublemakers" provide restitution and do community service, Julia sustained many warm friendships among the Blackfeet and the non-Native people of northern Montana.  This pioneering law enforcement couple were deeply invested in maintaining the values and safety of their community, and Blackfeet of that era remember them warmly for all their contributions. 

We like to focus on the great partnerships that support community safety for a reason; successful partnerships (with top level buy in) represent the investment a community is making to turn things around for itself. Just like in the old days.

For Sam, From All His Relations

His “contemporary traditional Indian art” is iconic, showing people who grow like trees from their deep roots into the stars; people who are proud, strong, protective of their community of life and filled with humor and compassion. In a thousand ways, these people are just like Anishinabe artist and activist Sam English, who transformed from alcoholic despair into one of Native America's most highly regarded artists. Thirty years after embracing sobriety, the diabetes he has fought for a decade has taken its toll. Sam's energy to continue producing his extraordinary works of art is exhausted.

Sam’s gratitude for his recovery and recognition inspired him to give generously of his time and artwork to causes that support Indian Country’s recovery from historical trauma. In the PBS documentary Colores, he says, “My being an artist gives me the freedom to be involved with community. It gives me an opportunity to interact with my community. That gives me the energy to be creative about my community. It’s given me access to life, to be able to do this. To have people look at my art and like what I do, that grounds me. Reminds me of where I came from. Reminds me that I have a contribution to make to my community.” Indeed, there is hardly a single cause—from domestic violence and child protection, to alcoholism and diabetes—that Sam English has not given to and created art for.

Today Sam’s community, including Anglos, Hispaños and Indians, is just waking up to the fact that he has reached the time of his much-deserved retirement. In retirement, as during all the years of his working life, an artist's income is totally dependent on selling his art. Planning for the future, Sam has salted away paintings over the years in the hopes that they would provide a steady income in his golden years.

The collected paintings of Sam English constitute an unparalleled treasure trove of public art, created by the Native artist in cooperation with countless government agencies and non-proft organizations, as well as many original pieces. True to his legacy in community activism, each image makes a strong statement about Native American strengths and how we can help each other to build a better future. 

Sam hopes that selling his life’s work will provide him with an adequate retirement income, but he is hoping to find a single buyer for the collection, like a large museum, a tribe, or a private collector.

As a man who never turned away from an open hand or a good cause, it's up to us—all his relations—to step in for him, by helping to find a buyer for his magnificent life's work. Some of us might know acquisitions directors who might take up the cause. Some of us might be able to write letters to the Heard, NMAI, tribal leaders or private collectors and let them know how important Sam's art is to you.

Sam said of his art, “I want Indian people to look at it and say, ‘Hey, this is a good rendition of who we are and invokes all the things that make me feel good about myself.’” Anyone enjoying Sam’s art, or his company, is inspired both to feel good and to do better for each other.

Recommending Sam's art to your friends with money: Free

Sam English coffee table book: $47.98

Sam English signed Tribute to Wilma Mankiller: $335.00

Original Sam English paintings: Price available on request

Helping Sam create the retirement he deserves: Priceless

Parents, Tribes Not Enthused About Legal Marijuana

Marijuana is legal for recreational use in two states and for medical use in 19 states plus Washington DC (as of this writing).  Investors are excited about opportunities to create a "clean American brand" for legal marijuana, and to invest in marijuana-laced edibles, a fast-growing sector. But lots of people from tribal governments to parents, are worried about the effects of legal marijuana.

Tribes can pass laws to decriminalize marijuana, but so far most tribes firmly oppose marijuana use on tribal land, even though legalization has created something of a jurisdictional nightmare for tribal police. Tribal members can use legal or medical marijuana outside tribal borders but not on tribal lands. In the absence of specific laws prohibiting use, non-Indians can use medical marijuana on tribal lands without fear of reprisal, since the Justice Department is refraining from prosecuting medical users.

However, that hasn't stopped the Salt River Maricopa-Pima Indian Community from seizing vehicles driven by state-licensed medical marijuana patients. The tribe released a statement saying,"People who transport drugs in any jurisdiction face the possibility that they will be arrested, prosecuted, and that the vehicles they use to transport drugs may be seized." The Northern Cheyenne Tribe refused an exemption for a medical marijuana user awaiting trial. Some tribes are even going head to head with states over local prohibitions against marijuana dispensaries. Other tribes, like the Navajo Nation (which lies in two medical marijuana states), are still debating decriminalization. The tax advantage of selling legal marijuana would benefit Washington tribes in the same way that tobacco sales do, which might be more appealing if tribes weren't so thoroughly tired of cartels running grow operations on tribal lands.

Tribal officials aren't the only one who want to put the brakes on legalization. A survey of parents in Washington and Colorado show that although a majority of parents support legalization, they want to ensure that legal marijuana stays out of the hands of children, and is not advertised or used in places where children can see it. Poison control experts who sounded an alarm about the dangers of children ingesting medical marijuana have advocated in favor of childproof containers, and education programs that advise parents to treat medical marijuana the way they would any prescription drug-- secured and away from kids.

For more about issues with prescription drugs and drug endangered children in Indian Country, join us at our upcoming two-day training in Spokane, WA!

Public Safety Hit Hard by Federal Cutbacks

The impact of sequestration is hitting public safety in Indian Country hard. Tribes have been cutting law enforcement positions and closing mental health programs. The horror stories are rolling in: The Oglala Sioux are down to one officer on duty at any time. The Navajo can't staff a jail that they built. The Red Lake Band of Chippewa are losing 22 BIA employees, mostly law enforcement officers. At Pine Ridge, where someone tries to commit suicide nearly every day, they have had to cut two counselor positions. Cuts to IHS programs have gone far deeper than expected, shuttering clinics and limiting emergency services.

While hundreds of millions have been cut from IHS and SAMHSA (mental health) programs, cuts to smaller programs are also having an impact. Programs designed to turn life around for kids have been decimated, from Headstart to the Tribal Youth Program, which had been helping kids discover alternatives to drugs and gangs. Tribal police are having more and more trouble staying ahead of the curve. As one officer explained, "It's really hard to be proactive when you don’t have enough staff."

What can be done? The National Congress of American Indians has already passed a resolution stating that sequestering funds for tribal activities amounts to a treaty violation, which still doesn't get boots on the ground or doctors in the clinic. Some tribes are cushioning the impact with funds from gaming, grant funds that have already been awarded or settlements. Some tribes are seeking partners in or out of the tribal community to help make up the gap. Join the discussion at our SafeRez group on LinkedIn to share ideas on how we can pull through this difficult time.

More Prosecutions, More Transparency, Better Relationships

A report for the Attorney General on Indian Country highlights the improvements that TLOA has wrought. Federal prosecutions for crimes committed on reservations is up 54% since 2009. Tribes and feds are also working together to decide whether cases should be tried in tribal courts or in federal courts, resulting in building trust and respect on both sides.

 Declinations are still high in some areas, but in others, they're down to about 20%. In the past two years, declined cases were overwhelmingly due to a lack of evidence. Tribes and prosecutors alike insist that the declination rate doesn't matter so much as long as everyone is working together. Grant Walker, the tribal prosecutor for the Standing Rock Sioux, said, “Declinations aren’t really a big deal anymore to us because we know what the case is, and if the federal government declines we’ve already had a chance to prosecute that case too. So it’s not like the ball is hidden, and the prosecution’s office doesn’t know about it.”

Have you been seeing a difference in your community? Join us at SafeRez to talk about justice, health and improving our tribal communities.

Are You Ready For Fire Season? It's Here!

When a wildfire swept through this mobile home park early one morning, residents had no time to think about what they wanted to take with them, they just had to run for it, before everything they had burned to the ground. Even small shifts in the weather can make a wildfire grow in unpredictable ways and travel faster than people can mobilize to stop it.

Devastating wildfires are, unfortunately, a fact of life these days. Drought across the West, combined with bad beetle infestations and a century of fire suppression have created a kind of perfect storm of conditions. This year, the wildfire season is starting months early, with fires burning this week in California, Arizona, New Mexico, Wyoming, Florida, and Alabama.

The approach to emergency planning for wildfires is the same as for any other emergency:
Assemble a Kit-- get together something you can grab as you go, containing clothes, medication, documents, and other things you may need (including food and medication for pets!)
Make a Plan-- talk with other family members about what to do and where to meet
Stay Informed-- stay aware of local conditions

There's also plenty you can do to keep your house safer.

Top Ten Ways to Control Pain Without Drugs

No one wants to live with pain from injury or from chronic conditions like rheumatoid arthritis or back pain, yet the Institute of Medicine estimates 116 million adults suffer chronic pain. An injury that causes chronic pain can be hard to live with, but it's even harder to be dependent on painkillers to get through your day.

Prescription pain pills are not only addictive and a leading cause of overdoses, they are expensive and getting harder to obtain. As a result, many people who have developed opioid addictions are turning to heroin. Before you accept a prescription from your doctor, consider using some of these tried and true natural remedies:

1) Diet: add foods with anti-inflammatory properties, like tumeric, fish oil, olives and olive oil, tart cherries, ginger, red peppers.

2) Alternating heat and cold: use compresses on sore or spasming muscles.

3) Stress reduction: use yoga, tai chi, meditation or similar techniques to gently exercise your body and control pain.

4) Massage: massage therapists take different techniques to treating different conditions or injuries, so ask around to find one who can help you.

 5) Soaking: a hot bath is a good start, but you can add mineral salts (kelp or red seaweed is ideal) and essential oils (like rosemary or holy basil) to amplify the healing effects.

6) Topical herbs: depending on your condition, you might find relief from arnica or capsaicin cream.

7) Physical and occupational therapy: regular guided therapy can relieve pain associated with a sports injury and restore strength and range of motion.

8) Chiropractic care: this method of treatment can be helpful after a traumatic accident or sports injury.

9) Supplements: glucosamine, MSM, chondroitin, white willow bark, devil's claw or boswellia can be used as directed by a natural health care practitioner.

10) Alternative medicine: patients report results from techniques including biofeedback, hypnosis, acupuncture, acupressure and relaxation techniques. If you would like to learn more about the prescription painkiller to heroin connection, sign up for our FREE webinar on this subject or one of our regional sessions to learn more about this connection.

DOJ Issues FAQ for Prosecuting Under VAWA

Congress recently passed the Violence Against Women Reauthorization Act of 2013, or “VAWA 2013.” This new law includes significant provisions addressing tribal jurisdiction over non-Indian perpetrators of domestic violence. These tribal provisions were proposed by the Justice Department in 2011.

WHAT WILL TRIBES BE ABLE TO DO UNDER THE NEW LAW?
Tribes will be able to exercise their sovereign power to investigate, prosecute, convict, and sentence both Indians and non-Indians who assault Indian spouses or dating partners or violate a protection order in Indian country. VAWA 2013 also clarifies tribes’ sovereign power to issue and enforce civil protection orders against Indians and non-Indians.

WHEN DOES THIS NEW LAW TAKE EFFECT?
Although tribes can issue and enforce civil protection orders now, generally tribes cannot criminally prosecute non-Indian abusers until at least March 7, 2015.

WILL THIS BE VOLUNTARY?
Yes, tribes will be free to participate, or not. The authority of U.S. Attorneys (and state/local prosecutors, where they have jurisdiction) to prosecute crimes in Indian country remains unchanged.

WHAT CRIMES ARE COVERED?
Covered offenses will be determined by tribal law. But tribes’ criminal jurisdiction over non-Indians will be limited to the following, as defined in VAWA 2013:

• Domestic violence; 
• Dating violence; and 
• Criminal violations of protection orders. 

WHAT CRIMES ARE NOT COVERED?
The following crimes will generally not be covered:

• Crimes committed outside of Indian country;
• Crimes between two non-Indians; 
• Crimes between two strangers, including sexual assaults;
• Crimes committed by a person who lacks sufficient ties to the tribe, such as living or working on its reservation; and 
• Child abuse or elder abuse that does not involve the violation of a protection order. 

WHAT IS THE PILOT PROJECT?
A tribe can start prosecuting non-Indian abusers sooner than March 7, 2015, if

• The tribe’s criminal justice system fully protects defendants’ rights under Federal law;
• The tribe asks to participate in the new Pilot Project; and 
• The Justice Department grants the tribe’s request and sets a starting date. 

WHAT RIGHTS DO NON-INDIAN DEFENDANTS HAVE?
A tribe must
• Protect the rights of defendants under the Indian Civil Rights Act of 1968, which largely tracks the Federal Constitution’s Bill of Rights, including the right to due process.
• Protect the rights of defendants described in the Tribal Law and Order Act of 2010, by providing

• Effective assistance of counsel for defendants; 
• Free, appointed, licensed attorneys for indigent defendants; • Law-trained tribal judges who are also licensed to practice law; 
• Publicly available tribal criminal laws and rules; and 
• Recorded criminal proceedings. 
• Include Indians and non-Indians in jury pools. 
• Inform defendants ordered detained by a tribal court of their right to file Federal habeas corpus petitions. 

IS THERE NEW FUNDING FOR THE TRIBES?
In VAWA 2013, Congress authorized up to $25 million total for tribal grants in fiscal years 2014 to 2018, but Congress has not yet appropriated any of those funds. However, tribes may continue to apply for funding through DOJ’s Coordinated Tribal Assistance Solicitation (CTAS), which can support VAWA implementation. Additional funding sources may be available through other Federal agencies.

HOW CAN WE LEARN MORE?
Please contact the Justice Department’s Office of Tribal Justice (OTJ) at 202-514-8812 or Office on Violence against Women (OVW) at 202-307-6026, or visit www.justice.gov/tribal.

Teens Getting High On "Weed Candy"

Medical and legal marijuana has led to a growth industry for THC-laden food products, including a range of candy bars, lollipops, gummy candies, chocolates and hard candies that have been finding their way into the hands—and mouths—of school children. Police from Florida to Oregon, through Texas and the Midwest, have been reporting the growing trend. States near Washington and Colorado have also been reporting a sharp increase in drug arrests that also net quantities of marijuana-laced candy. The candy sells on the street for as little as a dollar a piece, but also sells briskly at as much $10 a piece. Some of the candy is made for sale in legal dispensaries, and is packaged to look like common brands of candy.

Other areas are reporting the use of weed candy that is cooked up at home, out of simple ingredients like corn syrup and powdered drink mix. Some kids attempt to make it themselves, but others buy from dealers who make the candy with dangerously concentrated THC, synthetic THC or other unregulated ingredients. The odorless candy can pack a serious punch and seriously impair driving, not to mention ability to learn anything.

In an effort to combat the appeal of marijuana for kids, Georgia has banned the sale of marijuana-flavored candy to minors, but a national measure to ban marketing controlled substances to minors died in the Senate Judiciary Committee.

Parents and police are being advised that even if weed candy hasn't hit your area yet, it's a matter of time. Parents and school officials can watch for unwrapped candy, candy with strange brand names, and the classic signs of marijuana use like slurred words or slowed motor control. Parents can also monitor their kids' Internet history to see if they've been researching DIY recipes.

Hopi Tribe Ready for Enhanced Sentencing, VAWA

The Hopi Tribe recently revised its criminal code in order to start implementing enhanced sentencing under the Tribal Law and Order Act, becoming the first tribe of its size to give its tribal courts more authority under this law.  Thanks to this effort, as well as better training on preserving evidence and criminal reporting, the Hopi will also be among the first tribes in the nation ready to prosecute non-Native domestic violence offenders under the (newly signed!!) Violence Against Women Act. According to a story released today from Fronteras: The Changing America Desk, Hopi Tribal Chairman LeRoy Shingoitewa said,

"This makes me proud because the Hopi Tribe has already taken a step to meet those requirements. All of this helps Hopi and other tribes strengthen control over the crimes that happen on their land. Tribal sovereignty is truly a valuable asset but it also gives us that opportunity to exercise that sovereignty by developing the laws and actually implementing them."

Fred Urbina, the chief prosecutor for the Pascua Yaqui Tribe is anxious to follow in the path of the Hopi and get the tribe in a position to implement VAWA. In an AP story today, he described the tribe's efforts to address the jurisdictional gap as a "patchwork" that is "not satisfactory in all cases."

But as both Shingoitewa and Urbina pointed out, implementing the laws is key. A Harper's article from 2011 explored the different obstacles to reporting, documenting, investigating and prosecuting rape cases, none of which would be affected by the new VAWA law or by enhanced sentencing. Only systemic change, including increased funding, training and data collection could change the conditions that lead to what a U.S. prosecutor told Hopi nurses and officers was a "culture of silence," when it came to sexual and domestic violence.

If the laws are implemented, detention is another key part of what tribes need to address. BIA prisons are insufficient for current populations; it's unlikely that enhanced sentencing and prosecuting more domestic violence cases will help that. With everything else in place, even the Hopi are still seeking funding for new detention facilities.

Sequester's Impact on Tribal Law and Order

Across the board cuts to federal programs seem all but assured of going into effect next week. While  the effects won't be apparent right away, everyone will be feeling the pain before long, if the folks in Washington don't do something to reverse this legislation.

Already understaffed tribal courts stand to take a hit, as do programs to support intelligence sharing and provide alternatives to detention. Grant funds to support tribal Community Oriented Policing (like our own Tribal Prescription Drug and Drug Endangered Children program) will be cut a whopping 25%. The Bureau of Prisons will be cut, dashing hopes for improving and staffing tribal detention facilities. Health programs will get cut more than 8%—contrary to a law that states it can't be cut more than 2%—and those cuts are bound to include critical programs to combat substance abuse and support victims of domestic violence or drug endangerment. The BIE will also see crippling cuts to K-12 schools, colleges and vocational schools.

Now is the time to contact your Congressional representatives and let them know that Indian Country needs a federal budget that includes full funding for TLOA, Indian health programs and education programs.  The gains we've been making under TLOA are too important to end up on the chopping block now.

House Bill Keeps Tribal Protections

Republicans in the U.S. House have introduced the Violence Against Indian Women Act of 2013 in response to concerns about the VAWA reauthorization recently passed in the Senate. While this bill protects the rights of tribes to prosecute non-Indians accused of domestic violence on tribal lands, offenders would have the right to request federal prosecution if they felt their Constitutional rights were being violated.

Senator John Barrasso from Wyoming, vice-chair the Senate Committee on Indian Affairs, voted against a previous version of VAWA but supports this one. Barrasso’s spokeswoman, Emily Lawrimore, told Indian Country Today Media Network, “He voted against the recent VAWA bill because it contains provisions that would likely be ruled unconstitutional by the courts. A Supreme Court ruling against this provision could be damaging to tribal authority and have irreversible consequences.”

So will this fix work to ensure the law holds up in court, or will it maintain the status quo, where domestic violence cases rarely get attention from federal prosecutors? Please join us at our LinkedIn Group, SafeRez, to share your thoughts!

What Can We Do About Domestic Violence NOW?

Whether or not the final reauthorization of the Violence Against Women Act allows tribes to prosecute non-Indians who harm Native women, the question still remains of what we are doing, can do and will do to prevent these crimes and bring the perpetrators to justice.

No matter how you look at the statistics, a lot of rape, battering, stalking, child abuse and elder abuse cases already fall under the jurisdiction of tribal authorities, but aren't adequately prevented or prosecuted. The problems are legion. Tribal systems are overburdened, underfunded and often understaffed; the tribal jail system is "unbelievably broken" (according to a comment about a 2008 BIA study); victims and family members are often unwilling to involve police or press charges; drug or alcohol use may impact the reliability of testimony; and when criminals move to other reservations, their arrest records rarely follow them.  Like eating a whale, these obstacles seem overwhelming, but can be reduced one bite at a time.

Congress can:
Fully fund the Tribal Law and Order Act, federal prosecutor's offices and existing public health programs, as well as create new funds for tribes to increase staffing, facilities, training, services and education.

Tribal governments can:
Make addressing domestic violence a priority by encouraging collaboration among tribal departments, seek and allocate funding for service providers and programs, actively participate in education and outreach, and ban non-Native offenders from tribal lands.

Tribal law enforcement can:
Stock adequate rape kits, seek funding to beef up staffing and training, collaborate with federal law enforcement and other tribal police to share best practices and resources, and work with health care providers and tribal or state service providers to deliver victim services, and share data with other tribes.

Tribal courts can:
Implement alternative sentences such as restitution for offenders, document cases so repeat offenders are identified and prosecuted accordingly, share data with other tribes and exercise the enhanced sentencing under TLOA.

Healthcare workers can:
Learn how to identify and screen victims of domestic violence, carefully document and report cases, develop a referral network of service providers, and provide resource materials for patients.

Families and friends can:
Learn about available resources, contact your tribal and federal government representatives to insist on change, organize safety and prevention programs, and support victims in leaving dangerous situations, prosecuting their attacker and in the healing process.

Victims can:
Share experiences with other victims in the community, help each other to find the strength to stop the abuse and to heal, and to raise a voice in protest against a culture that allows these crimes.

More Resources:
National Domestic Violence Hotline
Mending the Sacred Hoop
Tribal grant programs to prevent violence against women
Love is Respect: teen dating violence site
Men's Resource Center for Change
Guide to raising awareness in Indian Country


Do you have more ideas? We want to hear them!! Lamar Associates has started a new group, called SafeRez on LinkedIn and we welcome everyone who wants to change our communities for the better. Come and join the conversation!

Take Action on VAWA

The 112th Congress failed to reauthorize the Violence Against Women Act, in part because of its new protections for Native women, which apparently was a sticking point for House Republicans. A new version of the bill, which preserves the protections for Native women, will be voted on in the Senate as early as next week. The National Congress of American Indians have a number of ways you can support the bill.

You can:
Join a National Call TODAY, 3-4 pm EST by calling (877) 856-2376 | Conference ID: 95462308
Call or email your Senators to express your support of the bill: (202) 224-3121 (Capitol switchboard)
**Don't forget to ask them to sponsor the bill if they aren't already!
Participate in the "We need VAWA because...." campaign on Facebook, Instagram & Twitter by using the hashtag #VAWA or #NCAI1944
Join a State of VAWA Twitter chat February 11 at 2 pm EST

The High Price of Not Planning For Disaster

In times of diminishing funding and strapped budgets, it may seem like good sense to postpone training. But when it comes to disaster preparedness, any money you invest now will pay off in the long run. Weather extremes may cause the next disaster on your reservation, pueblo or rancheria. Perhaps the disaster will be human-caused, or won't even be on your tribal land, but at a nearby power plant, international border or transportation route. It may affect your people, property and even your power and communications infrastructure. Identifying these risks now will help your tribe focus on how to address them successfully, should worst come to worst.

The expert Native trainers presenting our two-day course in February understand the challenges that tribal governments and organizations face, because we have lived in and served Indian Country our whole lives. We appreciate that you may be running operations on a shoestring, so we'll help you strategize how to work with all kinds of different partners to establish mutual aid agreements, develop preparedness grants or share resources. We have worked with American Indian and Alaska Natives from all over the country at the tribal and federal level, so we understand the intricacies of jurisdiction and due authority in every state.

If you are considering signing up for our Emergency Management and Public Safety for Tribal Officals course, but are hesitating because of the price, consider what some tribes struggled with last year, just from getting hit by Mother Nature:

• Flooding cost the pueblo of Santa Clara more than $11.2 million dollars
• Flooding from a single storm caused damage to structures throughout the Coleville Reservation
• Several eastern tribes sustained outages, flooding and damage to homes and property during Superstorm Sandy   
• A single wildfire on the Northern Cheyenne Reservation cost more than $3 million to fight; the tribe also spent $89,000 to fight a second fire
• The Crow Reservation spent $300,000 to fight two wildfires
• The Montana wildfires consumed homes, cattle and natural resources, including critical rangeland
• Drought dealt a crushing blow to the Pine Ridge Reservation as well as pueblos and reservations from California to Oklahoma; estimated losses to crops and livestock due to drought was $426 million in Oklahoma alone

The cost of disasters is often hard to calculate for years after the event, because sustained damage to the environment, watersheds, sacred sites and cultural institutions may take years to mitigate.  As Governor Walter Dasheno of Santa Clara Pueblo testified in 2011 to the Senate Committee on Indian Affairs:

Never again in our lifetime will we see our traditional and treasured homeland and spiritual sanctuary, the Santa Clara Canyon, as we have known it. It will take generations for our community and lands to recover from the devastation of this fire. But this is our only homeland; it is the place we have been entrusted with since time immemorial. While we intend to devote the resources we can to the healing of our land and the protection of our community we do not have the resources to do it alone.

We're not going to stop the weather, but we can help you ensure that your tribe, pueblo or rancheria has the resources and the partners it needs to face the future with confidence, no matter what comes.

Partnerships for Public Safety

Graph courtesy the state of Colorado.

"It takes a community to make a community safe." The Bishop Paiute Tribe is not the only tribe to adopt this philosophy of community policing, because it doesn't just sound good-- it works. Community oriented policing is an efficient and effective approach to reducing crime, drug use, domestic violence and other societal problems. The key is using effective communication among community members to identify and to respond to the community's needs.

How does that work for Emergency Management Planning? To begin with, tribes need to expand their concept of community to include local and county governments and agencies as well as state and federal partners.

The National Congress of American Indians (NCAI) recommends federal legislation to improve collaboration between tribes and states and to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act so tribes can make direct requests to the President in case of disasters or emergencies. The amendment (like much critical legislation for Indian Country) did not make it through the last Congress, but could be passed by this one. Whether Congress takes additional steps to include tribes in a national public safety communications network or facilitate strong partnerships between tribes or states remains to be seen.

Meanwhile, it's up to each tribe to negotiate arrangements with their broader community, which often take the form of Memoranda of Understanding (MOUs). As the chart above shows, it takes a high degree of leadership, planning and collaboration to achieve sustainable and responsive emergency management systems.  At our upcoming Emergency Management and Public Safety for Tribal Officials training, the expert native trainers at Indian Country Training will offer participants critical hands-on training for crafting an MOU that will involve a broader community in keeping your tribal community safe. We look forward to seeing you in Albuquerque on February 26-27!