Meth and BIA Special Law Enforcement Commissions

1
Meth and BIA Special Law Enforcement Commissions

• Tribal and State Justice Summit
• Burlingame, California
• November 13, 2006

2
American Indians and Crime Report (2004)

• The rate of violent crime against American
  Indians is TWICE the national average (101 per
  1,000 as compared to 41 per 1,000 annually)
• 1 out of 10 American Indians (12 and older)
  become victims of violent crime annually

3
DOJ Violent Victimization and Race Report (2001)

• Only 46 of violent crimes against American
  Indians are reported to police

4
Methamphetamine

• Fueling homicides, sex offenses, aggravated
  assaults, child abuse/neglect, domestic violence,
  etc.
• Many tribal leaders across the US are saying this
  is the Number One public safety problem on their
  reservations.

5
Coeur dAlene Meth Summit

• Sponsored by Attorney Generals Advisory
  Committee Native American Issues Subcommittee.
• US Attorneys, federal law enforcement, and 30
  tribes attended.
• Concurrence 1) there is a meth epidemic in IC,
  and 2) interjurisdictional cooperation is key.

6
What BIA OLES is Doing

• Information Gathering
• Training and Education
• Improvements to Corrections
• Increased Funding
• Interjurisdictional Cooperation
• Special Law Enforcement Commissions

7
Meth Survey

• 74 of IC law enforcement identified meth as the
  greatest drug threat
• High availability powder meth 43 crystal
  meth 46
• Increases in crime domestic violence 64
  assault/battery 64, burglary 57 child
  neglect/abuse 48
• 90 need drug investigation training

8
Training and Education

• Mobile Meth Lab with DHS Federal Law
  Enforcement Training Center.
• Methamphetamine train the trainer program
  (increase meth awareness in tribal communities).
• Being done in partnership with DOJ COPS office
  who is assisting with costs.

9
Improvements to Corrections

• Recruited and development professional
  corrections management team.
• Coordinating repairs/replacement of facilities
  with BIA OFMC.
• Hiring initiative across Indian country.

10
Improvements to Corrections

• Closed 7 old jails, including in 2006 Crow
  Creek, Hopi, and Uintah Ouray Ute
• 14 new jails opened, including in 2006 Colville,
  Jicarilla Apache, and Zuni
• 8 more new jails on the way
• Improved correctional services will help
  communities to provide viable sentencing options
  for suspects convicted in tribal courts.,

11
Increased Funding

• FY 06 distributed over 5.5 million to IC law
  enforcement programs to fight meth and other
  purposes on 25 reservations.
• Included hard hit communities such as Oglala
  Sioux, Northern Cheyenne, and San Carlos Apache.
• Included communities suffering from drug
  smuggling including Tohono Oodham and St. Regis
  Mohawk.

12
Increased Funding

• FY 07 budget request 201,620,000 (4.1
  increase over FY 06 enacted).
• FY 07 - Includes increase 1,786,000 to address
  growing violent crime and drug problems.
• FY 08 planning stages.

13
Operation EAGLE

• Enhanced Anti-Drug Goals in Law Enforcement
  (EAGLE).
• National Drug Control Coordinator - serves as
  liaison to White House ONDCP, DEA, FBI, DHS, etc.
  and runs program.
• Expand and encourage interjurisdictional
  cooperative efforts.
• Coordinate training for tribal law enforcement.
• Expand from 8 drug agents to 280 drug trained
  law enforcement officers.

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Special Law Enforcement Commissions (SLECs)

• BIA OLES working with tribal police departments
  to provide federal Special Law Enforcement
  Commissions.
• Tribal can then enforce federal laws including
  the federal drug offenses set forth in Title 21
  of the US Code.

15
Special Law Enforcement Commissions Authority

• Indian Law Enforcement Reform Act
• of 1990
• 25 United States Code sec. 2801 2809
• Policy published at 69 Federal Register 6321
  (February 20, 2004)

16
Special Law Enforcement Commissions - Policy

• The Federal Government has an interest in
  promoting strong tribal governments with the
  ability to protect the health and welfare of
  their members. Inherent in this relationship is
  strong and effective law enforcement in Indian
  country.

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Special Law Enforcement Commissions - Policy

• Another issuehas been lack of jurisdictional
  clarity, making state and local officials
  reluctant to either arrest or prosecute in Indian
  country. This lack of prosecution in Indian
  country has compounded the problem.

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Special Law Enforcement Commissions - Benefits

• Standardization of appearance, equipment,
  vehicles, etc.
• Authority for tribal police and county sheriffs
  to enforce federal crimes comitted within Indian
  country.
• Brings federal law enforcement authority to
  reservations with limited BIA/FBI presence due to
  Public Law 280.

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SLEC Procedure Step One

• Tribal Law Enforcement Contact BIA District III
  Special Agent in Charge Selanhongva McDonald at
  [phone].
• State/Local Law Enforcement obtain concurrence
  from Tribe and then contact District III SAC.

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SLEC Procedure Step Two

• The requesting agency must enter into Special Law
  Enforcement Commission with the BIA.
• There is a model SLEC agreement specifically for
  Public Law 280 jurisdictions.

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SLEC Procedure Step Three

• Once the agreement is executed by both parties,
  then the requesting agency may submit
  applications for individual officers.
• Each individual officers qualifications are
  considered separately.

22
SLEC Procedure Step Four

• Tribal Law Enforcement if approved, individual
  SLECs are issued to the tribal Police Chief for
  distribution and the local Sheriffs office is
  notified.
• State/Local Law Enforcement if approved,
  individual SLECs are issued to the Sheriff for
  distribution and tribal officials are notified.

23
SLEC Qualifications

• Must be a graduate of the BIA Indian Police
  Academy, OR
• Must be a graduate of the state police academy
  AND have taken the 2 ½ day Indian country
  jurisdiction course.
• Note the Indian country jurisdiction course can
  be conducted locally.

24
SLEC Qualifications

• Must be full-time law enforcement employee.
• Must pass FBI criminal history check.
• Must have firearms certification.

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What laws can officers with BIA SLECs enforce?

• Violations of federal law which occur within
  Indian country.
• Examples embezzlement and theft from tribal
  government, theft from casino, bribery of tribal
  official, failure to report child abuse,
  cross-boundary domestic violence, and firearms
  offenses.

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What laws can officers with BIA SLECs enforce?

• Federal drug crimes committed within Indian
  country including
• Possession of Controlled Substances
• Manufacture of Controlled Substances
• Distribution of Controlled Substances

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Interjurisdictional Cooperation

• Wind River Meth Rings (2005)
• Broke up two meth rings
• multi-reservation business plan
• 29 defendants
• BIA OJS, DEA, Fremont County Sheriff, etc.

28
Interjurisdictional Cooperation

• Wind River Meth Part Two (2006)
• Broke up regional meth ring
• 53 defendants, 20 firearms, 100,000 cash, 20
  pounds meth
• BIA OJS, DEA, Fremont County Sheriff, etc.

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Interjurisdictional Cooperation

• Chickasaw Nation Meth Ring
• broke up regional meth ring
• 102 defendants, 49 weapons, 161,000 cash, 15
  pounds of meth
• - BIA OJS, Chickasaw Nation Lighthorse Police,
  DEA, ATF, state/local agencies.

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The Future

• Drug abuse public awareness.
• Budget focused on obtaining adequate resources
  for law enforcement, tribal courts, and
  corrections.
• Tribal drug courts.

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GOAL REDUCING CRIME IN INDIAN COUNTRY
32
Chris ChaneyDeputy Bureau DirectorBureau of
Indian Affairs

• Office of Justice Services
• U.S. Department of the Interior
• 1849 C Street, N.W., MS-4551
• Washington, DC 20240
• [phone]
• Fax [phone]