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.

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

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.

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.

Native Women May Be Excluded From VAWA Reauthorization

Rumors are swirling in DC about what's stalling the reauthorization of the Violence Against Women Act. The House bill, which stripped protections for Native women victimized by non-Native men, among other groups, must be reconciled with a more inclusive Senate version. Indian Country Today Media Network was able to get some confirmation that the GOP is blocking the reauthorization solely to prevent the inclusion of protections for Native women. Representative Tom Cole, a Republican from Oklahoma and a member of the Chickasaw nation, argues that Tribes deserve local jurisdiction and that tribes need effective police power and protection in their own territory. The National Task Force to End Sexual and Domestic Violence Against Women also clarifies some of the facts about Title IX, Safety For Indian Women.

If you want Native women to have protection from domestic violence—no matter who commits it— contact Congressman Eric Cantor, who is leading the negotiations to draft new legislation before Congress breaks for the holidays.

Minnesota Tribes Battling Flood of Heroin

Read the whole story at Indian Country Today Media Network. The news from the Minnesota tribes is grim, but there are solutions to be found in education and community coalitions that battle this problem, starting with preventing and treating prescription painkiller addiction.  Besides destroying the user's life and health, heroin use results in increased crime, HIV and hepatitis infections, and children living in filthy and dangerous environments. Tribes are working with county, state and federal officials to turn this around, but they also need help from all concerned community members, from caregivers to teachers and from health care workers to law enforcement officers and Tribal courts.

Rx Drug Take Back Day Nets 244 Tons

Americans turned in 488,395 pounds of prescription and over the counter drugs on Saturday to DEA agents nationwide. Removing these prescription medications from circulation cuts down on the potential for abuse and its catastrophic consequences.  All together, the Take Back events have collected over 1018 tons of prescription pills. We're making progress!

Indian Country Needs Better Crime Data

When we read stories like this one, about trying to build a successful law enforcement and crime prevention program without adequate crime data, we appreciate what a serious problem that is. Among the recommendations for effective implementation of the Tribal Law and Order Act are recommendations about collecting and using standardized data. Better record-keeping enables courts to identify offenders who would benefit from alternate sentencing, like drug courts.  Compiling and sharing the data means that offenders can't skip from reservation to reservation.

If your tribal law enforcement department wants to improve your data collection or analysis, Lamar Associates can help you conform to national standards and best practices.

Dangers of Rural Law Enforcement

Walter Lamar  honoring fallen officers
BIA Officer Memorial in Artesia, NM. 2012 

Every officer working on a reservation or in a rural area understands how dangerous the work can be. Understaffing leads to long shifts and poor backup; long distances and bad roads contribute to a disproportionate number of vehicular accidents. Recognizing a need to improve officer safety and survival, Lamar Associates/ Indian Country Training is partnering with Narrowgate Security Agency (NGSA) to provide a dynamic, three-day training course that includes two days of live fire exercises.

Did you know:
An officer is killed in Indian Country on an average of every 20 months.
Indian Country officers are more than 36 times more likely to be assaulted in the line of duty than Department of Homeland Security officers.
Indian Country officers are assaulted at twice the national rate.
60% of Federal officer assaults occur in western states.
43% of officer deaths are the result of gunfire and 35% are result from vehicular accidents (including vehicle assault and accidents during pursuit).
BIA police are victims of almost one-third of assault cases against Federal officers.
Nearly 93% of Indian Country officers know their assailant.

Protecting All Women Under VAWA

Since 1994, the Violence Against Women Act has been protecting women who have been victims of domestic abuse or sexual violence.  The law is up for reauthorization now and the House Judiciary committee has stripped out the language that would strengthen the capacity of tribal law enforcement to prosecute crimes against women under their jurisdiction.

Native American women suffer abuse at far greater rates than other American women. Sadly, there are a significant number of Native women who are currently unprotected by the law. Battering, abuse and rape cases involving a Native woman and a non-Native man have generally gone unprosecuted because of the lack of tribal jurisdiction over the non-Native man, even if he lives on the reservation.

The reauthorization bill submitted by the Senate allows tribes to prosecute non-tribal members who hurt Native women, but the response from the House has been to strip out these protections. The White House has joined a chorus of calls for House leadership to pass new legislation that doesn't make law enforcement pick and choose which cases they can prosecute. Supporters hope that an amendment restoring protection for Native women can be introduced on the floor.

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Officer Safety in Indian Country

On May 3, I joined Ted Quasula, Retired Director, and Darren Cruzan, current Director of the Bureau of Indian Affairs  law enforcement to honor the many heros who have given their lives to protect Indian County. The memorial at the FLETC center in Roswell now has nearly 100 names.

Being a cop in Indian Country is hard and dangerous work and can affect a person's mental health and in turn their physical health. Join us online and onsite for a series of Officer Safety training events.

Start with a free webinar on Officer Safety and Wellness to learn the basics. Then sign up for our three-day Officer Survival and Wellness Training training at Santa Ana Pueblo. This three day course involves one day of classroom instruction and two full days on the live fire range and training simulator. Participants will return back to their departments with practical experience utilizing skills learned in various situational contexts.

TLOA Still Getting Shorted

The White House budget proposal is a real mixed bag for Indian Country law enforcement with some really good news and some news that could be a lot better. I've put together an analysis of what we can expect if the proposed funding goes through as planned for Indian Country Today. Click here to read it, and don't forget to "like" it using the bear claw symbols at the bottom of the article.

Register for our Tribal Jurisdiction Webinar

Here's the announcement, with a link to the registration page, for the upcoming Tribal Jurisdiction webinar.