Source: United States Department of Justice Criminal Division
The Justice Department’s Office on Violence Against Women (OVW) published a regulation governing the Special Tribal Criminal Jurisdiction (STCJ) Reimbursement Program, a new program authorized under the Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022) to reimburse Tribal governments for expenses incurred in exercising STCJ over non-Native individuals who commit certain covered crimes on Tribal lands. VAWA 2013 included a historic provision recognizing Tribes’ authority to exercise STCJ over non-Indian offenders who committed domestic violence or dating violence or violated certain protection orders in Indian country. Last year’s VAWA reauthorization built on the success of VAWA 2013 by expanding the covered crimes under STCJ, enabling Tribes to hold accountable non-Native perpetrators of sexual violence, sex trafficking, stalking, child violence, assault of Tribal justice personnel and obstruction of justice.
“Tribes know best what their communities need, so I encourage tribal leaders, community members, and survivors to review this regulation for the Tribal Jurisdiction Reimbursement Program – it is critical that programs serving Tribal communities are informed by tribal voices,” said OVW Acting Director Allison Randall. “We are dedicated to removing barriers to access, and it is a victory that VAWA 2022 allows us to continue the Tribal Jurisdiction Program as well as reimburse expenses incurred as a result of implementation.”
OVW published the regulation on April 11. The regulation is available at Regulations.gov and the public is able to review the rule and submit comments no later than June 12. This regulation is an interim final rule, which means that it takes effect on the day of publication. OVW will take into consideration the comments received during the 60-day comment period as well as Tribes’ reaction to the implementation of the first year of the program before issuing a final rule.
Federally recognized Tribes that exercise STCJ are eligible for reimbursement funding under the STCJ Reimbursement Program. For Fiscal Year 2023, the combined appropriation for this program and the STCJ Grant Program is $11 million. Of that amount, OVW may allocate up to $4.4 million for the STCJ Reimbursement Program. Through this program, and as outlined in the interim final rule, Tribes may receive reimbursement for costs that are associated with exercising STCJ, such as law enforcement expenses, incarceration expenses, offender medical and dental expenses not otherwise covered by insurance, prosecution expenses, and defense counsel expenses. During the first quarter of Fiscal Year 2024, OVW plans to post a Notice of Reimbursement Opportunity on justice.gov/ovw with instructions on how to apply for the maximum allowable reimbursement. Later in calendar year 2024, OVW plans to provide instructions on how to apply for waivers of the annual maximum.
OVW administers grant programs designed to develop the nation’s capacity to reduce sexual assault, domestic and dating violence, and stalking, and tribal entities are generally eligible to apply for any OVW grant program where a comparable non-Tribal entity is eligible. OVW’s Tribal Affairs Division manages grant programs that are specifically targeted to Native American populations and tribes including the aforementioned STCJ Grant Program, Tribal Governments Program, Tribal Coalitions Program and Tribal Sexual Assault Services Program.
Recently, OVW announced that the 18th Annual Government-to-Government Violence Against Women Tribal Consultation will be held Aug. 8-10, 2023, in Tulsa, Oklahoma, to solicit recommendations from Tribal leaders on: administering Tribal funds and programs; enhancing the safety of Indian women from domestic violence, dating violence, sexual assault, homicide, stalking, and sex trafficking; strengthening the federal response to such crimes; and improving access to local, regional, state, and federal crime information databases and criminal justice information systems. Additional information is available at www.ovwconsultation.org. A report of proceedings from last year’s consultation is available on OVW’s website.