part since they have been modified and approved for Indian country. § 10.4 What happens if the policies and standards are not followed? The risk for human and civil rights violations due to lack of common standards will subject the operation and/or facility to unnecessary exposure to liability. Lack of employee standards, particularly for training and background checks, will increase the risk of misconduct and vicarious liability of the tribes and the Federal government through tort claims. Funding sources for detention programs may become scarce to nonexistent because of contract noncompliance. The tribes' opportunity to receive funding from potential resource sharing agreements with other law enforcement agencies may be damaged because the facility may have to be closed for cause due to violation of the life safety codes. § 10.5 Where can I find the policies and standards for the administration, operation, services, and physical plant/construction of Indian country detention, community residential, and holding facilities? The Bureau of Indian Affairs, Department of the Interior, maintains a manual of policies and procedures called the Bureau of Indian Affairs Manual (BIAM). The chapter 69 BIAM titled "Indian Country Detention Facilities and Programs," contains the BIA's policies, procedures, and standards for detention and holding programs in Indian country. The standards for the programs within the BIAM are in handbook format for easy field reference and use. Copies of the chapter 69 BIAM and handbooks may be obtained from the Director, Office of Law Enforcement Services. [61 FR 34374, July 2, 1996; 61 FR 65473, Dec. 13, 1996] $10.6 How is the BIA assured that the policies and standards are being applied uniformly and facilities are properly accredited? The tribes and BIA programs will use a phased approach to meeting all nonmandatory detention standards and will document progress on uniform reporting. The BIA Office of Law Enforcement Services will conduct peri odic operational evaluations for oversight. § 10.7 Where do I find help or receive technical assistance in complying with the policies and standards? The BIA has a trained Detention Specialist on the staff of the Office of Law Enforcement Services, Albuquerque, New Mexico, who is available to conduct evaluations and provide technical assistance or guidance in all facets of Indian country detention programs. §10.8 What minimum records must be kept and reports made at each detention, community residential, or holding facility in Indian country? The Director, Office of Law Enforcement Services, BIA, will develop all necessary requirements for maintaining records, reporting data, and archiving information. These requirements will be published in 69 BIAM, "Indian Country Detention Facilities and Programs." [61 FR 34374, July 2, 1996; 61 FR 65473, Dec. 13, 1996] or $ 10.9 If a person is detained or incarcerated in an Indian country detention, community residential, holding facility, how would they know what their rights, privileges, safety, protection and expected behavior would be? When an individual is incarcerated in an Indian country detention, community residential, or holding facility, he/ she will be given, or in some cases notified of the availability of, an Inmate Handbook. This book of guidelines describes in detail the inmate's rights, privileges, protection and safety, cleanliness and sanitation, and general health and nutritional standards. The Inmate Handbook describes the emergency evacuation procedures, medical, counseling, rehabilitation services, visitation procedures, and other appropriate information. The Inmate Handbook is published by the Director, Office of Law Enforcement Services and maintained by the detention facility administrator at each facility location. [61 FR 34374, July 2, 1996; 61 FR 65473, Dec. 13, 1996] $10.10 What happens if I believe my civil rights have been violated while incarcerated in an Indian country detention or holding facility? All allegations of civil rights violations must be reported immediately to the Internal Affairs Branch of the Office of Law Enforcement Services. This office will ensure that such allegations are immediately reported to the Civil Rights Division of the U.S. Department of Justice through established procedures. The BIA Internal Affairs Branch may also investigate alleged violations and make recommendations for additional action as necessary. Detailed instructions on the procedure to report violations can be found in the Inmate Handbook. §10.11 How would someone detained or incarcerated, or their representative, get the BIA policies and standards? At each detention, community residential, or holding facility located in a tribal jurisdiction where federal funds are used for operations or maintenance programs, the BIA's policies, standards, and procedures will be made available upon request. The Inmate Handbook will be made available to all persons at the time they are incarcerated or detained in a facility. There may be times when this may be delayed due to the physical or mental condition of the person at time of incarceration. In these cases, the Inmate Handbook will be made available when the person is deemed receptive and cognizant by the detention officer in charge. All policies, standards, procedures, and guidelines are available at each facility to the public or by writing to the Director, Office of Law Enforcement Services. [61 FR 34374, July 2, 1996; 61 FR 65473, Dec. 13, 1996] 11.407 Sexual assault. 11.408 Indecent exposure. Criminal coercion. 11.409 Reckless burning or exploding. 11.410 Criminal mischief. 11.411 Criminal trespass. 11.412 Theft. 11.413 Receiving stolen property. 11.414 Embezzlement. 11.415 Fraud. 11.416 Forgery. 11.417 Extortion. §11.100 Listing of Courts of Indian Offenses. (a) Except as otherwise provided in this title, the regulations under this part are applicable to the Indian country (as defined in 18 U.S.C. 1151) occupied by the following tribes: (1) Red Lake Band of Chippewa Indians (Minnesota). (2) Confederated Tribes of the Goshute Reservation (Nevada). (3) Lovelock Paiute Tribe (Nevada). (4) Te-Moak Band of Western Shoshone Indians (Nevada). (5) Yomba Shoshone Tribe (Nevada). (6) Kootenai Tribe (Idaho). (7) Shoalwater Bay Tribe (Washington). (8) Eastern Band of Cherokee Indians (North Carolina). (9) For the following tribes located in the former Oklahoma Territory (Oklahoma): (i) Absentee Shawnee Tribe of Indians of Oklahoma (ii) Apache Tribe of Oklahoma (iii) Caddo Tribe of Oklahoma (iv) Cheyenne-Arapaho Tribe of Oklahoma (v) Citizen Band of Potawatomi Indians of Oklahoma (vi) Comanche Tribe of Oklahoma (except Comanche Children's Court) (vii) Delaware Tribe of Western Oklahoma (viii) Fort Sill Apache Tribe of Okla homa (ix) Iowa Tribe of Oklahoma (x) Kaw Tribe of Oklahoma (xi) Kickapoo Tribe of Oklahoma (xii) Kiowa Tribe of Oklahoma (xiii) Otoe-Missouria Tribe of Oklahoma (xiv) Pawnee Tribe of Oklahoma (xv) Ponca Tribe of Oklahoma (xvi) Tonkawa Tribe of Oklahoma (xvii) Wichita and Affiliated Tribes of Oklahoma. (10) Hoopa Valley Tribe, Yurok Tribe, and Coast Indian Community of California (California Jurisdiction limited to special fishing regulations). (11) Louisiana Area (includes Coushatta and other tribes in the State of Louisiana which Occupy Indian country and which accept the application of this part); Provided that this part shall not apply to any Louisiana tribe other than the Coushatta Tribe until notice of such application has been published in the FEDERAL REGISTER. (12) For the following tribes located in the former Indian Territory (Oklahoma): (i) Chickasaw Nation (ii) Choctaw Nation (iii) Thlopthlocco Tribal Town (v) Eastern Shawnee Tribe (xi) Wyandotte Tribe (xii) Seneca-Cayuga Tribe (xiii) Osage Tribe. (13) Ute Mountain Ute Tribe (Colorado). (14) Sante Fe Indian School Property, including the Santa Fe Indian Health Hospital (land in trust for the 19 Pueblos of New Mexico). (15) Paiute-Shoshone Indian Tribe of the Fallon Reservation and Colony (land in trust for the Paiute-Shoshone Indian Tribe of the Fallon Reservation and Colony). (b) It is the purpose of the regulations in this part to provide adequate machinery for the administration of justice for Indian tribes in those areas of Indian country where tribes retain jurisdiction over Indians that is exclusive of state jurisdiction but where tribal courts have not been established to exercise that jurisdiction. (c) The regulations in this part shall continue to apply to tribes listed under §11.100(a) until a law and order code which includes the establishment of a court system has been adopted by the tribe in accordance with its constitution and by-laws or other governing documents, has become effective, and the Assistant Secretary-Indian Affairs or his or her designee has received a valid tribal enactment identifying the effective date of the code's implementation, and the name of the tribe has been deleted from the listing of Courts of Indian Offenses under § 11.100(a). (d) For the purposes of the enforcement of the regulations in this part, an Indian is defined as a person who is a member of an Indian tribe which is recognized by the Federal Government as eligible for services from the BIA, and any other individual who is an "Indian" for purposes of 18 U.S.C. 11521153. (e) The governing body of each tribe occupying the Indian country over which a Court of Indian Offenses has jurisdiction may enact ordinances which, when approved by the Assistant Secretary-Indian Affairs or his or her designee, shall be enforceable in the Court of Indian Offenses having jurisdiction over the Indian country occupied by that tribe, and shall supersede any conflicting regulation in this part. (f) Each Court of Indian Offenses shall apply the customs of the tribe occupying the Indian country over which it has jurisdiction to the extent that they are consistent with the regulations of this part. [58 FR 54411, Oct. 21, 1993, as amended at 59 FR 48722, Sept. 22, 1994; 61 FR 10674, Mar. 15, 1996; 66 FR 22121, May 3, 2001; 66 FR 48087, Sept. 18, 2001; 67 FR 44355, July 2, 2002; 67 FR 59783, Sept. 24, 2002] $11.101 Prospective application of reg ulations. Civil and criminal causes of actions arising prior to the effective date of these regulations shall not abate but shall be determined in accordance with the regulations in effect at the time the cause arose. § 11.102 Criminal jurisdiction; limitation of actions. (a) Except as otherwise provided in this title, each Court of Indian Offenses shall have jurisdiction over any action by an Indian (hereafter referred to as person) that is made a criminal offense under this part and that occurred within the Indian country subject to the court's jurisdiction. (b) No person shall be prosecuted, tried or punished for any offense unless the complaint is filed within five years after such offense shall have been committed. § 11.103 Civil jurisdiction; limitation of actions. (a) Except as otherwise provided in this title, each Court of Indian Offenses shall have jurisdiction over any civil action arising within the territorial jurisdiction of the court in which the defendant is an Indian, and of all other suits between Indians and non-Indians which are brought before the court by stipulation of the parties. (b) Any civil action commenced in a Court of Indian Offenses shall be barred unless the complaint is filed within three years after the right of action first accrues. § 11.104 Jurisdictional limitations. (a) No Court of Indian Offenses may exercise any jurisdiction over a Federal or state official that it could not exercise if it were a tribal court. (b) Unless otherwise provided by a resolution or ordinance of the tribal governing body of the tribe occupying the Indian country over which a Court of Indian country over which a Court of Indian Offenses has jurisdiction, no Court of Indian Offenses may adjudicate an election dispute or take jurisdiction over a suit against the tribe or adjudicate any internal tribal government dispute. (c) The decision of the BIA on who is a tribal official is binding in a Court of Indian Offenses. (d) The Department of the Interior will accord the same weight to decisions of a Court of Indian Offenses that it accords to decisions of a tribal court. |