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Tribal Legal Code Resource: Tribal Laws Implementing TLOA Enhanced Sentencing and VAWA Enhanced Jurisdiction

NCJ Number
Maureen L. White Eagle; Melissa L. Tatum; chia Halpern Beetso
Date Published
February 2015
197 pages
This is a guide for Native-American tribes interested in drafting or revising tribal laws under the Tribal Law and Order Act (TLOA) sentencing- enhancement provisions or the Violence Against Women Act (VAWA) Reauthorization of 2013, which pertains to Special Criminal Domestic Violence Jurisdiction.
The guide focuses on the tribal code and rule changes that may be required should a tribe decide to implement the increased tribal authority in either or both statutes. It identifies and discusses the concerns and issues that must be addressed in implementing these provisions, and examples are provided for tribal codes and tribal court rules (February 2105). Regarding the drafting of a victim-centered approach to domestic violence against Native-American women, the guide includes exercises, examples, and discussion questions that assist tribes in customizing their laws to meet community needs. The guide also addresses the drafting or revision of victim-centered tribal criminal law on sexual assault and stalking.. Sample language and discussion questions are designed to help tribal community members decide on the best laws for their community. In addition, assistance is provided to tribes and tribal organizations that have received grants under the Children's Justice Act Partnerships for Indian Communities, which addresses issues related to child abuse and victimization. Illustrative examples, narrative, and discussion questions are provided.

Date Published: February 1, 2015