Office of Juvenile Justice and Delinquency Prevention Extends Deadline for Written Comments on the Development of Internal Tribal Policies and the Implementation of the Juvenile Justice and Reform Act of 2018

Written Comments Due:November 6, 2020
On June 25, the U.S. Department of Justice Office of Juvenile Justice and Delinquency Prevention (OJJDP) hosted a virtual tribal consultation on the development of OJJDP tribal policies and implementation of the Juvenile Justice Reform Act of 2018. The 2018 Act amended the long standing Juvenile Justice Delinquency Prevention Act. OJJDP has extended their deadline for tribal nations to submit written comments. The National Congress of American Indians has provided draft comments for tribal nations to consider when crafting their own comments for submission.  To view the NCAI draft comments, please click here
To view the OJJDP tribal consultation framing paper, please click here
To view the text of the Juvenile Justice Reform Act of 2018, please click here
To view NCAI’s Tribal Juvenile Justice Webpage, please click here
Tribal nation comments can be submitted via email to OJJDPTribalConsultation@ojp.usdoj.gov
NCAI Contact: Kelbie Kennedy, Policy Counselkkennedy@ncai.org

Reform Act of 2018

Reaffirmation of Prior Affiliated Tribes of Northwest Indian’s Emergency Services Assistance Requests to the Washington State Military Department

Res #:Committee:Submitted by:Title:                                 Pass →YesNoAmended/TabledTo NCAI
2020-11Law & JusticeTimothy D. ReynonReaffirmation of Prior Affiliated Tribes of Northwest Indian’s Emergency Services Assistance Requests to the Washington State Military Department



 2020 Winter Convention 

Portland, Oregon 

RESOLUTION # 2020 – 11 

“REAFFIRMATION OF PRIOR AFFILIATED TRIBES OF NORTHWEST INDIANS EMERGENCY SERVICES ASSISTANCE REQUESTS TO THE WASHINGTON STATE MILITARY DEPARTMENT” 

PREAMBLE 

We, the members of the Affiliated Tribes of Northwest Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants rights secured under Indian Treaties, Executive Orders, and benefits to which we are entitled under the laws and constitution of the United States and several states, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise to promote the welfare of the Indian people, do hereby establish and submit the following resolution: 

WHEREAS, the Affiliated Tribes of Northwest Indians (ATNI) are representatives of and advocates for national, regional, and specific tribal concerns; and 

WHEREAS, ATNI is a regional organization comprised of American Indians/Alaska Natives (AI/AN) and tribes in the states of Washington, Idaho, Oregon, Montana, Nevada, Northern California, and Alaska; and 

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of the ATNI; and

WHEREAS, there are concerns as to tribal/state/federal interoperability, and the lack of planning relating to Natural and other disasters that have affected, and will affect Tribal governments, tribal members, property, resources, and cultural sites during large scale emergency situations; and 

WHEREAS, there continues to be an operational lack of understanding regarding tribal/state/federal/ and local emergency service responsibilities and coordination efforts, especially as it relates to the individually unique sovereignty and jurisdiction(s) that apply to all the Tribes in Washington, and addressing the needs of tribal communities in declared emergencies; and 

WHEREAS, in the planning for a possible catastrophic seismic event, and ensuing tsunami, the Tribes in the State of Washington need to be brought into the planning process in a manner consistent with the maintenance of tribal sovereignty, in order to ensure Tribal interests will be addressed, Standard Operating Procedures (SOP) are in place on how the Washington State Military Department (WSMD) interfaces with Tribal Emergency Management Departments, and a methodology is in place to assist in coordinating Tribal Emergency Services needs with Tribal, State, and Federal partners; now 

THEREFORE BE IT RESOLVED, that ATNI, due to reoccurring catastrophic natural disasters which have, and will continue to affect tribal governments, property, communities, and tribal members in the State of Washington, reaffirms its support for ATNI Resolution #14-59 (requesting the development of a Washington National Guard Tribal Liaison) and the 2016 letter from ATNI President Fawn Sharp to Governor Inslee requesting increased Emergency Management coordination and assistance from the Washington State Military Department (both documents attached). 

CERTIFICATION 

The foregoing resolution was adopted at the 2020 Winter Convention of the Affiliated Tribes of Northwest Indians, held at the DoubleTree by Hilton – Portland, Oregon, on January 27-30, 2020, with a quorum present. 

______________________________ ______________________________ 

Support for the Native American Spirituality and Re-Entry Advisory Committee in its Endeavors to Work with Native American Adults in Custody in Oregon

Res #: Committee: Submitted by: Title:         Pass → Yes No Amended/Tabled To NCAI
19-04 Law & Justice Davis Washines Support for the Native American Spirituality and Re-Entry Advisory Committee in its Endeavors to Work with Native American Adults in Custody in Oregon
X


 2019 Winter Convention 

Portland, Oregon 

RESOLUTION #19 – 04 

“SUPPORT FOR THE NATIVE AMERICAN SPIRITUALITY AND RE-ENTRY ADVISORY COMMITTEE IN ITS ENDEAVORS TO WORK WITH NATIVE AMERICAN ADULTS IN CUSTODY IN OREGON” 

PREAMBLE 

We, the members of the Affiliated Tribes of Northwest Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants rights secured under Indian Treaties, Executive Orders, and benefits to which we are entitled under the laws and constitution of the United States and several states, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise to promote the welfare of the Indian people, do hereby establish and submit the following resolution: 

WHEREAS, the Affiliated Tribes of Northwest Indians (ATNI) are representatives of and advocates for national, regional, and specific tribal concerns; and 

WHEREAS, ATNI is a regional organization comprised of American Indians/Alaska Natives and tribes in the states of Washington, Idaho, Oregon, Montana, Nevada, Northern California, and Alaska; and 

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of the ATNI; and

WHEREAS, Indigenous people account for a disproportionate number of Adults in Custody, Department of Justice research data shows Native Americans are incarcerated at a rate of 38% higher than the national average and 70% of youth taken into federal custody are Native American; and 

WHEREAS, racial identity specific to population data of Indigenous people incarcerated within the Oregon Department of Corrections (ODOC) appear to be dramatically undercounted; as the state of Oregon Native American population is approximately 1.8%, ODOC Native American population is listed at 2.7%, Native American Religious Service Volunteers believe the numbers to be at least 4% to 5% of the total prison population; and 

WHEREAS, Indigenous people face challenges that other adults in custody do not, due to cultural isolation, high disparity numbers and, loss of self (identity); and 

WHEREAS, the Indigenous population continues to experience oppression and discrimination within the dominant society and, oppression is also reflected within the Oregon Native prison population; and 

WHEREAS, Religious, spiritual and cultural needs are poorly understood, and many times dismissed as unnecessary, within institutional settings; and 

WHEREAS, the Native American Spirituality and Reentry Advisory Committee (NASRAC) was formed in September 2018 to provide formal and informal oversight and assistance in supporting authentic Indigenous teachings, spirituality and reentry behind the Iron Doors of Oregon state prisons and jails; and 

WHEREAS, the NASRAC is made up of Indigenous people who have experience volunteering their time and sharing knowledge within a correctional facility, have been formally incarcerated, and/or formally represent one of the 9 federally recognized Oregon Tribes; and 

WHEREAS, the NASRAC and ATNI agree that tribal governments should support the work being done by faithful volunteers providing services within Oregon prisons, through a Government-to-Government relationship specific to addressing Policies, Administrative Rule, accountability for lost or damaged religious service items, lack of communication, barriers to volunteering, and access to programming; and 

WHEREAS, there are prisons within the ODOC with large numbers of tribal members who have limited, or have lost, programming due to a lack of Native American Religious Service volunteers being available to help facilitate programs; and 

WHEREAS, active Native American Religious Services volunteers for Oregon prisons presently number 24 and, NASRAC and ATNI recognize there is great need to support these volunteers and programs, regardless of their tribal affiliation; and volunteers frequently travel long distances (most without financial compensation), and state they continue to deal with chronic unresolved issues specific to their programs; and

WHEREAS, NASRAC reports that the ODOC response to limited and/or lost programming, ultimately falls upon the shoulders of poverty stricken Native communities and tribes to provide each institution with volunteers and necessary resources; and 

WHEREAS, Religious Freedom and the Religious Land Use and Institutionalized Persons Act (RLUIPA), balance the right to exercise religion against the government’s interests in security, safety, health and cost controls; and 

WHEREAS, Washington state has been successful in providing consistent Native American Religious and Reentry services to their state prison facilities for many years, by contracting with a Native American led, independent non-profit known as Native American and Reentry Services; and 

WHEREAS, critical decision making and alterations to current programming involving Native American Religious Services, should always be made in collaboration with Native American Religious Services providers and appointed tribal representatives. Access to Religious Services should not be restricted based on Incentive Level, or an administrative need whose intent is to homogenize all religious services programs; now 

THEREFORE BE IT RESOLVED, that ATNI does hereby call upon the Oregon Department of Corrections to comply with the Religious Land Use and Institutionalized Persons Act (RLUIPA), and take whatever actions are necessary to ensure that the religious, spiritual and cultural needs of all Native persons in the State’s custody are met; and 

BE IT FURTHER RESOLVED, that ATNI does hereby acknowledge and recognize the Native American Spirituality and Reentry Advisory Committee (NASRAC) as a Native organization that was created to provide formal and informal oversight and assistance in supporting authentic Indigenous teachings, spirituality and reentry behind the Iron Doors of Oregon state prisons and jails; and 

BE IT FURTHER RESOLVED, that ATNI calls upon tribal and state governments to support the work being done by faithful volunteers providing services within Oregon prisons, through a Government to Government relationship specific to addressing Policies, Administrative Rule, accountability for lost or damaged religious service items, lack of communication, barriers to volunteering, and access to programming; and 

BE IT FURTHER RESOLVED, that ATNI does hereby call upon the ODOC and the Tribes of Oregon State to work collaboratively to identify an independent organization to be employed by ODOC to develop, implement and staff a minimum standard of programming for each institution, specific to serving Adults in Custody who self identify as Native American, First Nations or Indigenous People; and 

BE IT FINALLY RESOLVED, that ATNI does hereby support an independent demographic survey to be designed and implemented within all ODOC facilities with tribal input and tribal representation as the purpose of an independent study is to identify the number of

tribes represented, as well as to identify the spiritual, cultural and reentry needs of the Indigenous population presently incarcerated. 

CERTIFICATION 

The foregoing resolution was adopted at the 2019 Winter Convention of the Affiliated Tribes of Northwest Indians, held at the DoubleTree by Hilton – Portland, Oregon, on January 28-31, 2019, with a Quorum present. 

______________________________ ______________________________