INDIAN JUVENILE DETENTION FACIUTIFS 

OVERSIGHT HEARING 

BEFORE THE 

SUBCOMMITTEE ON 

NATIVE AMERICAN AFFAIRS 

OF THE 

COMMITTEE ON 

NATURAL RESOURCES 

HOUSE OF REPRESENTATIVES . ONE HUNDRED THIRD CONGRESS 

FIRST SESSION 

ON 

CONSTRUCTION AND OPERATION OF INDIAN JUVENILE DETENTION 

FACILITIES 

HEARING HELD IN WASHINGTON, DC 

NOVEMBER 8, 1993 

Serial No. 103-59 

Printed for the use of the Committee on Natural Resources 

U.S. GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1994 

For sale by the U.S. Government Printing Office 

Superintendent of Documents, Congressional Sales Office, Washington, DC 20402 

ISBN 0-16-043471-8 
COMMITI'EE ON NATURAL RESOURCES 

GEORGE MILLER, California, ChaimuJn. 

PHILIP R. SHARP, Indiana DON YOUNG, Alaska, 

EDWARD J. MARKEY, Massachusetts Ranking Republican. Member 

AUSTIN J. MURPHY, Pennsylvania JAMES V. HANSEN, Utah 

NICK JOE RAHALL II, West Virginia BARBARA F. VUCANOVICH, Nevada 

BRUCE F. VENTO, Minnesota ELTON GALLEGLY, California 

PAT WILLIAMS, Montana ROBERT F. SMITH, Oregon 

RON DE LUGO, Virgin Islands CRAIG THOMAS, Wyoming 

SAM GEJDENSON, Connecticut JOHN J. DUNCAN, JR., Tennessee 

RICHARD H. LEHMAN, California JOEL HEFLEY, Colorado 

BILL RICHARDSON, New Mexico JOHN T. DOOLITTLE, California 

PETER A. DEFAZIO, Oregon WAYNE ALLARD, Colorado 

ENI F.H. FALEOMAVAEGA, RICHARD H. BAKER, Louisiana 

American Samoa KEN CAL VERT, California 

TIM JOHNSON, South Dakota SCOTT MciNNIS, Colorado 

LARRY LAROCCO, Idaho RICHARD W. POMBO, California 

NEIL ABERCROMBIE, Hawaii JAY DICKEY, Arkansas 

CALVIN M. DOOLEY, Califor;nia 

CARLOS ROMERO-BARCELO, Puerto Rico 

KARAN ENGLISH, Arizona 

KAREN SHEPHERD, Utah 

NATHAN DEAL, Georgia 

MAURICE D. HINCHEY, New York 

ROBERT A. UNDERWOOD, Guam 

SAM F ARR, California 

LANE EVANS, Illinois 

PATSY T. MINK, Hawaii 

THOMAS J. BARLOW III, Kentucky 

THOMAS M. BARRETT, Wisconsin 

JOHN LAWRENCE, Staff Director RICHARD MELTZER, General Counsel 

DANIEL VAL KlsH, Republican. Staff Director 

SUBCOMMI'ITEE ON NATIVE AMERICAN AFFAIRS 

BILL RICHARDSON, New Mexico, Chairman. 

PAT WILLIAMS, Montana CRAIG THOMAS, Wyoming, 

SAM GEJDENSON, Connecticut Ranking Republican. Member 

ENI F.H. FALEOMAVAEGA, DON YOUNG, Alaska 

American Samoa RICHARD H. BAKER, Louisiana 

TIM JOHNSON, South Dakota KEN CALVERT, California 

NEIL ABERCROMBIE, Hawaii 

KARAN ENGLISH, Arizona 

TADD JOHNSON, Staff Director 

MARIE HOWARD, Professional Staff Member 

STEVEN J .W. HEELEY, Counsel 

JUNE LoRENZO, Professional Staff Member 

BARBARA ROBLES, Clerk 

RICHARD HOUGHTON, Republican. Counsel on. Native American. Affairs 

(II) 
CONTENTS 

Hearing held: November 8, 1993 ........................................................................... . 

Member statements: Hon. Bill Richardson ....................................................................................... . Hon. Eni F.H. Faleomavaega ......................................................................... . Witness statements: 

Panel consisting of: Hon. Mary V. Thomas, Lieutenant Governor and Governor-Elect, 

Gila River Indian Community, accompanied by Rod Lewis, Tribal 

Attorney ................................................................................................. . Laura Yergan, Executive Director, Juvenile Detention and Rehabili- tation Center, Gila River Indian Community .................................... . Samuel N. Penney, Chairman, Nez Perce Tribe ................................... .. Panel consisting of: 

Hon. Roleen L. Hargrove, Council Member, Puyallup Tribe, Tacoma, Washington, accompanied by Rory LaDucer, Tribal Police Chief ..... Hon. Elmer Manatowa, Princ1pal Chief, Sac and Fox Nation, Stroud, 

Oklahoma, accompanied by Eugenia Tyner-Dawson, Director, Community Services, and Kevin Keckler, President, EKM, Incorporated ................................................................................................... . Charles Fischer, Administrative Officer, Law Enforcement Department, Cheyenne River Sioux Tribe, Eagle Butte, South Dakota ...... . Panel consisting of: · Wyman Babby, Acting Deputy Commissioner of Indian Affairs, Bu- reau of Indian Affairs, U.S. Department of the Interior, accom- panied by Theodore R. Quasula, Chief, Division of Law Enforcement, and Jerry Schwiegert, Office of Construction Management .... Dr. Johanna Clevenger, Chief, Branch of Alcohol and Substance 

Abuse Program, Indian Health Service, U.S. Department of Health 

and Human Services, accompanied by Tom Crow, Chief, Branch 

of Environmental Health, Division of Environmental Health, Office 

of Environmental Health and Engineering, and Craig Vanderwager, Director, Division of Clinical and Preventive Serv- ices ......................................................................................................... . 

APPENDIX 

NOVEMBER 8, 1993 

Additional material submitted for the hearing record from: 

~::air!~~~~ ~'C~<!:J:telfe:y~ ··Sci~:;;~~··c~~t;;:··!kn~~; ··c~i~;~d~; Letter to Chairman Richardson dated November 16, 1993, and draft 

copy, "American Indian Adolescent Suicidal Behavior in Detention Environments: Cause for Continued Basic and Applied Research" ............. . National Academy of Public Administration: "Survey of Indian Detention 

Facilities--A Report for the Department of the Interior," November 

1988 ················································································································ Indian Health Service, Bureau of Indian Affairs, Office of Construction 

~:a:if=h\~~~~ .. ~~ ... ~~~.~~~~~~~ .. ~~~~~~~~~~~ .. ~~~~ 

(III) 

Paae 

1 

1 

5 

5 

17 

35 

47 

66 

83 

98 

111 

127 

145 

196 

228 

JUVENILE DETENTION FACILITIES 

MONDA~NOVEMBER~IHS 

HOUSE OF REPRESENTATIVES, 

SUBCOMMITTEE ON NATIVE AMERICAN AFFAIRS, 

COMMITTEE ON NATURAL REsOURCES, 

Washington, DC. 

The subcommittee met, pursuant to call, at 10:00 a.m. in room 

1324, Longworth House Office Building, Hon. Bill Richardson 

(chairman of the subcommittee) presiding. 

STATEMENT OF HON. BILL RICHARDSON 

Mr. RICHARDSON. I would like to welcome everyone to this oversight hearing on Indian juvenile detention facilities. 

We will focus today on a very troubling issue facing Indian 

tribes, the need for juvenile detention and rehabilitation facilities. 

The facts before the committee are not pleasant: In 1988, 46 Indian 

tribes applied for a BIA-funded juvenile detention facility. To date, 

not one of these tribes has received a facility. There are only five 

juvenile detention facilities in all of Indian country. The BIA only 

has space to allow 309 juveniles nationally. Many of the facilities 

used to house juveniles are in a state of disrepair, some have been 

condemned; The BIA policies have prevented tribal facilities from 

receiving funds to make badly needed repairs and renovations. The 

BIA has not promulgated standards for the operation of juvenile 

detention facilities. In all the facilities operated by the Bureau of 

Indian Affairs, there is not one counselor, teacher, or social worker. 

Because of a lack of program standards and a lack of adequate 

staff, many juveniles in these facilities are without access to adequate health care, educational services, counseling, and mental 

health services. 

Congress has recognized that there is no resource that is more 

vital to the continued existence and integrity of Indian tribes than 

their children. This Nation has a moral and legal obligation to ensure that the rights of Indian children are properly respected. We 

must ensure that Indian children who are housed in these facilities 

have the same opportunities to receive an education, adequate 

health care and counseling as other children. We cannot and must 

not turn our backs on these children. 

I look forward to hearing the testimony today, and I would 

pledge my firm commitment to address this troubling situation. At 

this time, I ask that the background memorandum be made part 

of the record. 

[Background information follows:] 

(1) 
2 

BACKGROUND FOR NOVEMBER 8TH OVERSIGIIT HEARING 

ON INDIAN JUVENILE DETENTION FACll.JTIES 

BACKGROUND 

The Bureau of Indian Aft'airs is responsible for the construction 

and operation of juvenile detention facilities on Indian lands. The 

construction of Indian juvenile detention facilities is actually carried 

out by the Office of Construction Management, in the Department of 

the Interior, while the Division of Law Enforcement Services of the 

Bureau of Indian Affairs, Is responsible for the staffing and operation 

of these facilities. Under P.L. 99-570, the Anti-Drug Abuse Act of 

1986, the Bureau of Indian Aft'airs received funds for the construction 

and renovation of juvenile detention facilities for Indian youth. Prior 

to this Act, the Bureau of Indian Aft'alrs carried out Its responsibilities 

under the broad authority of the Snyder Act of November 2, 1921 ( 42 

Stat. 208, 25 U.S.C. 13). In 1988, the Bureau of Indian Affairs 

published a listing of 46 Indian tribes that have applied for a juvenile 

detention facility. Since the publication of this list In 1988, not one 

facility on the list has been opened. Under the current process, the 

Bureau of Indian Affairs only designs 20 % of the facility per year. It 

takes 5 years to complete the designs for a single facility. According 

to Bureau of Indian Aft'alrs estimates, It will take nearly 7 years to 

complete construction of the first juvenile ~ctentlon facility from the 

priority "'ist. 

There are only S juvenile facilities In all of Indian country. They 

are located at the Gila River Indian Reservation, the Colorado River 

Indian Reservation, and the Tohono O'odham Reservation In Arizona, 

the Fort Peck Reservation In Montana, and the Chemawa Indian 

School In Oregon. These facilities range In size form a total of 32 

beds to 2 beds. In addition, the Bureau of Indian Affairs Is 

responsible for construction and operations of 34 facilities that house 

both adults and juveniles oft"enders. Although there are over 170 

Indian tribal justice systems across the nation, very few tribal justice 

systems have access to appropriate detention facilities for juveniles. 

The Bureau of Indian Aft"alrs only has space to house 309 juveniles 

throughout all of Indian country. These figures Indicate an 

1 
3 

overwhelming need to develop juvenile detention facilities for Indian 

country. 

These detention facilities are either BIA operated or tribally 

operated pursuant to a Self-Determination Act contract. Although 

most of these facilities have been constructed with Federal funds, the 

Omce of Construction Management has taken the position that their 

funds cannot be used to repair or renovate tribal facilities. Due to 

this policy, many of these facilities have significantly deteriorated and 

are in a state of general disrepair. In many instances, tribal and BIA 

facilities housing juveniles have been condemned because of health 

and safety problems. There are many questions as to whether the 

current condition of these facilities may violate existing Federal 

standards or the civil rights of juveniles housed in these facilities. 

Although many facilities on Indian lands house both adults and 

juveniles, the Bureau has developed no standards for the operations 

of these facilities. There are no assurances that federal standards for 

housing juveniles are enforced at these facilities. There is some 

question as to whether the sight and sound requirements of Federal 

law have been adhered to In these facilities. Federal law prohibits 

the housing of juveniles in facilities where there is contact with adult 

inmates (ie. juveniles should not be housed in a manner that permits 

them to see or hear adult Inmates.). 

In all the facilities operated by the Bureau of Indian Affairs, 

there Is not one counselor, teacher, or -aftercare worker. These 

facilities are generally staffed by detention omcers. Without 

adequate staff and without any approved program standards, there is 

a strong likelihood that juveniles' rights may be violated. Many of 

these facilities are operated as just a lock-up facility without access 

to adequate health care, educational services, counseling and mental 

health services. It Is not clear how these facilities handle juveniles 

who are 'ntoxicated or who may be suicidal. There is a serious need 

for operational standards for these facilities and community service 

providers to ensure that juveniles housed in these facilities receive 

adequate treatment and services. 

2 
4 

HEARING 

The Committee will hear testimony from the Bureau of Indian 

Affairs and the Indian Health Service about the condition of Indian 

juveniles facilities, the construction and renovation needs, and the 

programs in place in these facilities. Both agencies will discuss 

efforts to coordinate services to juveniles in detention facilities. In 

addition, the Committee will hear from several tribal witnesses who 

will describe their experiences in obtaining funds for the construction 

of juvenile detention facilities. Tribal witnesses include a tribe that 

has a juvenile facility which has been in operation for several years 

(Gila River Indian Community), a tribe that has just ftnished 

construction of a new tribal adult/juvenile facility (Cheyenne River 

Sioux Tribe), a tribe that is on the construction priority listing of the 

Bureau of Indian Affairs but does not have a facility (Sac and Fox 

Indian tribe), and two Indian tribes that are not on the BIA priority 

listing but want to develop juvenile detention facilities (Puyallup and 

Nez Perce Indian tribes). 

3 
5 

Mr. RICHARDSON. I would like to remind all the witnesses that 

your written statements will be made a part of the committee 

record, so please try to summarize your statements within five 

minutes. The hearing record will remain open for two weeks. 

The Chair recognizes, for any opening statement he may have, 

the gentleman from American Samoa. 

STATEMENT OF BON. ENI F.H. FALEOMAVAEGA 

Mr. FALEOMAVAEGA. Mr. Chairman, I want to thank you for the 

initiative you have taken, certainly as an outstanding leader of this 

subcommittee, in taking on some of these very important issues affecting the needs of the American native community throughout 

our country. 

And I want to thank you also for following through with the legislation that we have just recently passed in subcommittee in recognizing some of these tribes that have been long overdue for recognition. I do not have an opening statement but I look forward to hearing 

from our witnesses this morning. Thank you. 

Mr. RICHARDSON. I thank the gentleman and I appreciate his 

diligence in attendance, his participation in all hearings and markups of this subcommittee. As the Chair understands, the gentleman will be able to chair part of this hearing, and I want to thank him 

again. 

We want to welcome the Honorable Mary Thomas, Lieutenant 

Governor, Governor-elect, the Gila River Indian Community, from 

Sacaton, Arizona, accompanied by Mr. Rod Lewis; Ms. Laura 

Yergan, Executive Director, Juvenile Detention and Rehabilitation 

Center, Gila River Indian Community, Sacaton, Arizona; and the 

Honorable Samuel Penney, Chairman, Nez Perce Tribe, Lapwai, 

Idaho. 

Lieutenant Governor, Governor-Elect Thomas is very familiar to 

this subcommittee. She knows our procedures. We welcome her 

again and we would ask you to please proceed. 

PANEL CONSISTING OF BON. MARY V. THOMAS, LIEUTENANT 

GOVERNOR AND GOVERNOR-ELECT, GILA RIVER INDIAN 

COMMUNITY, ACCOMPANIED BY ROD LEWIS, TRIBAL A'ITORNEY; LAURA YERGAN, EXECUTIVE DIRECTOR, JUVENILE DETENTION AND REHABILITATION CENTER, GILA RIVER INDIAN COMMUNITY; AND SAMUEL N. PENNEY, CHAIRMAN, 

NEZ PERCE TRIBE 

STATEMENT OF MARY V. THOMAS 

Ms. THoMAS. Thank you, Congressman Richardson, members of 

the Subcommittee on Native American Affairs, and staff of the subcommittee. I bring you special greetings, as always, from the Pima 

and Maricopa Tribes of the Gila River, and we are happy to relate 

our experiences . regarding the development and operation of our 

Juvenile Detention and Rehabilitation Center on our reservation. 

The Gila River Indian Community is one of the largest Indian 

tribes in the country in terms of reservation population. The greatest resource of the Community is its children. The Community 

spent years lobbying both Congress and the BIA in our efforts to 
6 

convince both bodies that a facility was both highly desirable and 

legally mandated. 

The most important criticism outlined in the program on a recent 

evaluation indicated clearly that the BIA was not in any position 

to manage the center. The lack of rehabilitative services and other 

issues concerning BIA's involvement convinced the Community in 

1988 to contract under the self-determination concept the functions 

of the center. 

On every reservation throughout the country, only the tribes 

themselves have the ability and motivation to care for their youth. Because of the Gila River Indian Community's proximity to the 

Phoenix metropolitan area, gangs and gang affiliations currently 

exist among the center's residential population. There are locally 

organized subcultural peer groups that mimic larger urban gang 

activities. It is a known fact that there are eight known gangs right 

there on Gila River. 

While some juveniles have affiliations with established Phoenix 

area gangs, this gang affiliation and activities contribute to an escalation of more serious and violent crimes that persistently threatens the well-being of the Community. We also have the Interstate 

10 that dissects our reservation and the drug traffic is pretty wellknown and it has been flowing onto our reservation because of the 

traffic. 

The Gila River Indian Community established the center five 

years ago in an effort to meet the special needs of Pima and Maricopa children. We had no model to follow and no entity to consult 

with to obtain assistance and advice. The concept that a tribe could 

actually operate and manage a center was new, but we decided 

that we had to meet the needs of Community children, because to 

do less was to ignore our responsibility as a tribal government. We 

could not leave the health and welfare of our children in the hands 

of the BIA. 

We will continue to assist the total family, and this assistance 

is an essential part of our rehabilitation program. The assistance 

of this committee--now and as the House Interior Committee-has 

been extremely helpful and very greatly appreciated. 

The rest of my time will be shared with Mr. Rod Lewis and Ms. Yergan. 

[Prepared statement of Ms. Thomas follows:] 
7 

STATEIIBIIT OF 

MARY V. THOMAS, LIBUTBRAIIT OOVBRROR 

GILA RIVBR INDIAR COMHURITY 

TO TRB 

URITBD STATBS ROUSB OF RBPRBSBIITATIVBS 

I. IRTRODUCTIOR 

COJOIITTBB OR RATURAL RBSOURCBS 

WASRIRGTOR, D.C. 

ROVEMBBR 8, 1993 

Congressman Richardson, members of the Subcommittee on Native American Affairs and staff of the Subcommittee, it is an honor and a privilege to appear before you on behalf of Pimas and 

Maricopas of the Gila River Indian Community (the "Community") of 

Sacaton, Arizona, to relate our experiences regarding the 

development and operation of our Juvenile Detention and 

Rehabilitation Center (the "Center") located on the Gila River 

Indian Reservation (the "Reservation"). 

Our Reservation is located immediately south of the 

Phoenix Metropolitan area along the Gila River and is bisected by 

u.s. Interstate 10. Our proximity to the greater Phoenix area has benefits and many drawbacks. However, the opportunity to 

participate in the economy of central Arizona is a key to our future. 

The membership of the Community exceeds 13,000 and the on- Reservation population exceeds 8,000 members. Consequently, 

the Community is one of the largest Indian Tribes in the country 

in terms of Reservation population. With this population, the 

Community has assumed the task of providing a wide array of 

governmental services to· its membership. 

The greatest resource of the Community is its children. 

Unfortunately, today our children _grow up in a time of rapid 

change and transforming value systems both in the world 

surrounding the Reservation and the world on the Reservation. 

The cultures outside the Community inevitably interface with and 

influence our traditional culture. When the external influences are reflective of the upsurge in juvenile violence the nation is 

experiencing on the whole, the Community's family systems are disrupted and our children are profoundly and adversely impacted. 

Too often we are unable to provide the support and control that was traditionally an essential feature of our society. As a result, we must deal with children who are not able to conform to 
8 

STATEMENT OF MARY V. THOMAS, LIEUTENANT GOVERNOR 

GILA RIVER INDIAN COMMUNITY 

PAGE 2 OF 9 

the existing cultural and behavioral standards nor to those which 

are recognized by our society as a whole of which we think as 

being traditionally of the Pima and Maricopa. 

The Community now operates and maintains a Center 

through a P.L. 93-638 contract with the Bureau of Indian Affairs 

(the "BIA"). The services provided at the Center are varied and 

we believe beneficial to the children afforded these services. 

However, maintaining the Center and providing the services is an 

extremely challenging task. No matter how difficult the 

challenge, we believe that the Community must operate the Center 

and provide these essential services. Operation of the Center 

has become a possibility only through years of hard work and 

commitment by members of the Community. 

II. BACKGROUND OF THE CENTER 

Children's issues have never been afforded a high 

priority with the BIA and the rehabilitation of children involved 

in the Reservation justice system has been virtually ignored as a 

priority in BIA program planning. The Community spent years 

lobbying both Congress and the BIA in an effort to convince both 

bodies that a facility like the Center was both highly desirable 

and legally mandated. For instance, in 1981, Governor Alexander 

Lewis wrote the BIA complaining of the failure of the BIA to 

allocate funds for the Center. Similarly, in a 1983 letter, 

Governor Dana Norris expressed similar concerns regarding the 

lack of BIA efforts and demanded immediate action. 

When appropriations were allocated by Congress in 1985 

for construction of the Center, the BIA then neglected to plan 

and allocate funds for the staffing of the Center. Our 

Children's Court Judge and BIA Criminal Investigator developed a 

staffing pattern for the new Facility in 1985, which was ignored. 

As a result, the Center once constructed in 1986, did not receive 

juveniles until 1987, because the BIA did not provide funds for 

staffing and operation. 

In 1987, the BIA conducted a Program Evaluation of Law 

Enforcement Services at Pima Agency and part of the evaluation 

concerned the BIA operated Center. First, the Center had not 

adopted a meaningful and effective policy and procedure manual. 

The Center administrators and detention officers were untrained, 

morale was low, and a high employment turnover rate existed. 

The Program Evaluation was critical of the physical 

layout of the Center. The Program Evaluation stated that the 

structural design was "nonconducive to proper jail management and 
9 

STATBMEIIT OF MARY V. THOMAS, LIBUTBIIJUIT GOVERHOR 

GILA RIVER IRDIAJI COIOIUJIITY 

PAOB 3 OF 9 

inmate supervision." The building was planned in a "Lineal 

Design•• configuration with nuDierous hallways and corridors thus 

making proper supervision of inmates by Center staff personnel 

difficult. Of course, the Community was not allowed input into 

the design. The BIA pre-designed the building in Albuquerque and 

constructed the facility on the Reservation. 

The most important criticism outlined in the Program 

Evaluation indicated clearly that the BIA was not in any position 

to manage the Center. Either through ignorance or simple 

mismanagement BIA personnel did not comply with the legally 

mandated "sight and sound" requirement. In addition to being 

legally required, common sense indicates that children and adult 

detainees must be separated. However, adults and children shared common areas such as the kitchens, dining rooms, and even sleeping accommodations. The BIA had not drafted written 

policies and procedures governing or enforcing the "sight and 

sound" concept. 

Planning for the Center was so poorly performed that 

from time to time the meals for the children for many days at a time consisted of raisins and oatmeal because supplies for proper 

nutritional meals had not been ordered or even planned. The 

Community assigned our Nutrition Educator to the Center to plan 

meals for the detained children. 

In 1987, the Center opened and initially was operated 

and maintained by Law Enforcement Services, BIA, but with a restricted focus. After the Center opened, Governor Thomas White 

wrote and complained that the Community had not been consulted 

regarding the operation, philosophy, or mission of the Center. 

For instance, the BIA's planed to simply detain and house 

children without planning for the rehabilitation, counseling, or education of juveniles detainees. Moreover, there were no plans 

to provide any services to the families of the detainees, to 

provide mental health services, or to treat alcohol or drug 

related problems of the detained children. 

The lack of rehabilitative services convinced the 

Community in 1988, to contract the functions of the Center. 

Through the efforts of Community personnel, the BIA was persuaded 

to offer rehabilitative services and an Interagency Agreement 

between the BIA, IHS, and the Community for these services was entered into in June, 1987. The. services provided through the 

Interagency Agreement were Pima traditional counseling, a course in Pima traditions, a talking circle, suicide intervention and 

counseling, an IHS infirmary sick call, and educational 

programming offered by the Sacaton Public School District. 
10 

STATEMENT OF MARY V. THOMAS, LIEUTENANT GOVERNOR 

GILA RIVER INDIAN COMMUNITY 

PAGE 4 OF 9 

The BIA was and remains unable to operate and maintain a Center such as that on our Reservation. The BIA lacks the 

vision, the commitment, the creativity, and enthusiasm necessary 

to properly and efficiently deliver rehabilitative services to our Community youth. On every Reservation throughout the 

country, only the Tribes themselves have the ability and 

motivation to care for their youth. 

Gila River Indian Community has operated its own Center 

since September of 1988. During this time, it has become 

apparent that the detention center must function cohesively 

within the Community and particularly the Community's children's 

justice system, social services program, and other treatment 

providers. A Center such as ours cannot effectively impact the 

issues confronting native American adolescents in isolation. It 

must fit into the Community and. it must be recognized that the 

Center will place additional demands for services on the 

Community. 

III. THE CURRENT CENTER PROGRAM 

The Center emphasizes rehabilitation as part of its 

program. Our concept of rehabilitation consists of a holistic 

and traditional approach that addresses the needs of the whole 

individual; such as the O'otham Oidak (fields of the People) 

Farm/Garden Project which revitalizes the Pima/Maricopa tradition 

of farming among the O'otham young people. In furtherance of 

this concept and to remain sensitive to Community needs, the 

Center is constantly re-evaluating, modifying, and reshaping its 

programs as needed. 

A. The Population Served 

The Center serves males and females between the ages of 

10-17 years. This group of children represent a diverse group 

reflecting three primary legal statuses: Children in Need of 

Care (CINOC), status offenders (runaway, truancy,and curfew 

violations) and serious offenders who, in terms of existing 

criminal code provisions, would be deemed offenders of violent 

crimes if charged as adults. Because of limited available 

resources, and a need to provide otherwise unavailable safe and secure housing, the Center has served as the primary placement 

for young people in the Community who require extraordinary 

treatment. This includes those who are emotionally troubled, 

physically and emotionally abused, suicidal, and mentally ill. 

The Center's population is an extremely high risk group 

who exhibit self-destructive behaviors. It is well known that 
11 

STATEMENT OF MARY V. THOMAS, LIEUTENANT GOVERNOR 

GILA RIVER INDIAR COMMUNITY 

PAGE 5 OF 9 

Native American youth have the highest rate of suicide among 

adolescents in the nation, and those that are brought to the 

Center are often in this high risk group. 

Substance abuse characterizes a high percentage of the 

offenses of young people entering the Center. Minor consumption 

of alcohol and inhalant use typify other charges. Often these 

young people come from alcoholic and dysfunctional families and 

have been victimized, abused, and neglected. These Native 

American young people also suffer from a lack of cultural 

identify and low self-esteem. 

Because of the Community's proximity to the Phoenix 

Metropolitan area, gangs and gang affiliations currently exist 

among the Center's residential population. There are locally 

organized sub-cultural peer groups that mimic larger urban gang 

activities; while some juveniles have affiliations with 

established Phoenix area gangs. This gang affiliation and 

activity contribute to an escalation of more serious, and violent 

crimes that persistently threatens the well-being of the 

Community. 

B. The Juvenile Detention and Rehabilitation Center Program 

Contracting of the Center represents the Community's 

desire to take responsibility for the welfare of its young 

people. The mission for the Center is both to protect the 

Community while serving the needs of youthful offenders and their 

families. It appears that the destructive and socially 

unacceptable behaviors of our youth result from a lack of viable 

and healthy alternatives for coping with environmental stressors 

and a poor sense of self. 

The Center programs were designed to meet the 

Community's mandates for services and to address the rights and 

needs of those detainees that had been left unaddressed by the 

BIA. In addition to secure detention and rehabilitation programs, 

the Center implements a wide range of integrated Community-based 

programs. Each program component directly responds to a need of 

this population. These programs include: 

(1) Education: The JDRC operates two unique alternative 

schools; one located in the detention center and the other 

serving adjudicated young people in the Community. Their purpose 

in holistic: to teach a variety of appropriate education, 

vocational and life skills, and to provide a climate conducive to 

redirecting young people towards more positive behaviors, within a framework of cultural relevance. Education is seen as a 
12 

STATEMENT OF MARY V. THOMAS, LIEtrrBRAHT GOVBIUIOR 

GILA RIVER INDIAN COHMURITY 

PAGE 6 OF 9 

primary intervention for this population, as it can directly 

impact self-confidence and self-sufficiency. 

The schools offer residents the opportunity to earn eighth grade and GED certificates and to complete high school 

coursework in cooperation with local schools. This population of 

young people have a long history of failure in regular school 

settings and often have special needs that are not met 

effectively. In the words of one JDRC resident, "School is the 

place that hurt my spirit." 

(2) Counseling and Case Management Services: 

Individual, group and family counseling is provided by two 

counselors on a regular basis in the Center. In addition, 

counseling sessions assist in determining appropriate interventions and referrals and often victimized young people 

disclose instances of past abuse. The counselors must work with 

the families of the detainee to help facilitate their transition 

back into the home. 

(3) Culture and Traditional: In order to provide our detained young people with a stronger sense of their 

Pima/Maricopa identity a variety of traditional activities have 

been incorporated into the program. This includes: building a traditional shelter (vato), planning and participating in JDRCsponsored pow-wows, traditional food and jewelry making, 

traditional arts and crafts, and helping refurbish traditional 

housing in Gila River's Heritage Park. The building of a traditional sandwich house is in the·planninq stages. 

A traditional teacher works with our ·letainees enhance 

their spiritual and cultural awareness. He does this through 

groups which are both educational and experiential, consisting of 

blessings, guided meditations, and the relating of traditional 

songs and stores. He also meets with individual residents to 

help them find spiritual solutions to their problems. 

(4) Substance AbUSe Prevention and Education: The 

Community's Alcohol and Drug Abuse Program provides substance 

abuse prevention and education groups, as well as placements for 

substance abuse treatment. In addition, linkage with an offreservation Alcoholics Anonymous Association make possible weekly 

AA groups. We are currently planning an AA's "Bridging the Gap• 

program which links residents with an AA sponsor who makes 

contact with the resident after release and escorts the resident 

to a community-based AA meeting. 
13 

STATEMENT OF MARY V. THOMAS, LIEUTENANT GOVERNOR 

GILA RIVER INDIAN COMMUNITY 

PAGE 7 OF 9 

(5) Recreation and Exercise: The Center's recreation 

and exercise program provides organized team sports, weightlifting, and morning exercise. This area of the Center's program 

is somewhat limited due to lack of a gym or large enough 

recreation yard to conduct other activities. However, 

improvements are being sought to increase the variety of 

activities available, as this is a critical need of this 

population. 

Recreation and exercise for this population is more than a luxury; it is a necessity in order to reduce acting out 

behaviors. In detention settings, these young people build up an excess of energy that needs a healthy outlet. Otherwise this 

pent-up energy could be released in a harmful aggressive manner. This also teaches health coping mechanisms to deal with their 

frustrations, anger, and stress. 

(6) Staff Roles. Incentive Program. Discipline: The 

adolescent care workers and support staff at the Center serve as positive role models who strive to maintain a balanced approach 

between structure, boundaries, discipline and support, and 

attempt to create an environment of respect. This is a critical 

function, as these workers set the tone for the program and are its direct implementers. They supervise and interact with 

residents on an on-going basis and attempt to assess, respond to, 

and de-escalate problems before they reach a crisis level. The 

nature of staff/resident relationships has the potential to 

positively impact resident behavior. Residents respond very 

positively to staff personnel they respect. 

Another method of positively impacting resident 

behavior currently utilized by Center staff is the incentive 

program, which helps residents learn responsible behavior and 

respect. Residents can earn points throughout the day for 

maintaining a good attitude, volunteering to help in extra 

project, participating in all parts of the program, and complying 

with rules and expectations. As residents show progress in 

behavior and attitudes they can earn and move to higher phases, 

(up to 3) and the additional privileges that go with such 

promotions. 

All of the above methods address resident behavior and 

discipline; however, clear guidelines are maintained through a write-up and sanctioning procedure which can range from loss of 

privileges to extra work assignments and finally to time-out and 

segregation. 
14 

STATEMENT OF MARY V. THOMAS, LIEUTENANT GOVERNOR 

GILA RIVER INDIAN COMMUNITY 

PAGE 8 OF 9 

(7) Safety, ' Security, and Control: The Center utilizes 

hardware, such as locked security doors, a cell area and razor 

ribbon. However, the primary method to maintaining security is 

good staff supervision and monitoring. This requires staff who 

are keen observers and who are adept at managing large groups of 

residents. 

A major responsibility of the Center is to maintain a 

safe environment. It is important that the staff be especially 

aware of those residents who are at high risk for suicide, 

assault, and escape. Particular attention is devoted to 

detainees with special medical or mental health needs. In 

furtherance of this effort, detainees may be placed in Intensive 

Observation and monitored in short intervals or, in some case, 

continually. 

(8) Community-Based Programs: The Community-based 

programs provide the young people who enter the JDRC with a continuum of care in the Community. In the past, the Center was 

providing services to a significant group of young people that 

could be better served outside the Center with the active 

participation of the child's extended family. Therefore, our 

focus has shifted to developing integrated community-based 

programs such as a traditional farm/garden project, a youth 

diversion program, probation, aftercare, an alternative school. 

A wilderness survival program is being planned. 

(9) Staff Training and Staffing: The role of the 

direct line staff is critical in working effectively to improve 

resident behaviors and attitudes. Training of the staff must be 

comprehensive and incorporate topics specific to the adolescent 

population along with detention and security procedures. Center 

staff are encouraged to and are afforded regular opportunities to 

give input into the operation of the Center. 

The Center staff consists of 15 full-time and 10 "oncall" Adolescent Care Workers, as well as 10 support staff. This 

ensures a ration of approximately 1:6, staff to residents. This 

ratio is necessary to provide intensive supervision for the 

residents. In addition, 8 additional staff members implement the 

community based programs. 

IV. THE CURRENT BUDGET 

The Center has always experienced difficulty in 

obtaining sufficient funding to support its diverse and varied 

programs. The following .is a brief summary of the budget for the 

Center. 
15 

STATEMENT OF MARY V. THOMAS, LIEUTENANT GOVERNOR 

GILA RIVER INDIAN COMMUNITY 

PAGE: 9 OF 9 

FY93: (There is currently a small discrepancy in actual budget 

figures) however the figures below represent the latest figures 

available. 

Direct Budget Total: 

TSS Pass-Through: 

Actual JDRC Direct Budget Total: 

Indirect Budget Total: 

Total JDRC FY93 Budget: 

Current FY94 Budget Total: 

Projected FY93 Carry-Forward 

Projected Fac. Maint, Support: 

Pascua-Yaqui Contract: 

Total Projected FY94 Budget: 

$ 1,059,943.00* 

( 40,612.00) 

$ 1.019.331.00 

$ 136,270.00 

$ 1.155.601.00 

$ 1.000,000.00 

85,000.00 

23,000.00 

7,000.00 

$1' 115' 000. 00** 

* Includes $7,000.00 contract monies for the Pascua-Yaqui 

Indian Community. 

** Indirect cost amount not yet known. 

V. CONCLUSION 

The Community established the Center five years ago in an effort to meet the special needs of Pima and Maricopa 

children. We had no model to follow and no entity to consult 

with to obtain assistance and advice. The concept that a Tribe 

could actually operate and manage a Center was new. But we decided that we had to meet the needs of Community children 

because to do less was to ignore our responsibilities as a Tribal 

government. We could not leave the health and welfare of our children in the hands of the BIA. 

Our Center, in and of itself, cannot resolve the many 

problems our youth face. Primary responsibility for the welfare 

of children is in the hands of the immediate and extended family. 

We will assist the total family and this assistance is an essential part of our rehabilitation program. 

The assistance of this Committee and the House Interior 

Committee has been extremely helpful and greatly appreciated. 

I thank you for this opportunity to express the concerns of the Community. 
16 

Mr. RICHARDSON. Go ahead, Mr. Lewis. 

Mr. LEWIS. Mr. Chairman, my part of the presentation is to focus 

on the difficulties we have had in getting our center going. At the 

beginning, the Bureau of Indian Affairs was operating and administering the center and we encountered many difficulties, as the 

Governor-elect said. We lobbied for many years attempting to get 

funding for the center and then finally getting the BIA to allocate 

the funds necessary to build the center. 

One of the most important barriers or problems we faced was 

that once the building, the juvenile rehab center, was constructed, 

there was no money for staffing or providing for supplies for the 

center. So we had an almost one-year period in which the center 

simply stood vacant and could not receive children or juveniles into 

the center. 

Once the center began to operate, we continued to have difficulties with the Bureau of Indian Affairs. The problem with the Bureau of Indian Affairs was that they failed to coordinate the opening and developing the policy with the tribe. They simply just 

opened up the center without input from the tribe, and this in itself 

caused a lot of difficulty because the tribe itself was not familiar 

with how the center was going to operate. 

Unfortunately, the BIA did not know how to run the center and 

they simply failed to get any advice from any responsible party. For 

instance, they opened up the center without any written policies 

and procedures regarding how the center was actually going to operate, and this criticism comes from their own internal review 

which they prepared in 1987. 

The physical plant itself does not lend itself well, as Laura 

Yergan will relate later on. It does not lend itself to proper control 

of the children that are placed in the center. Again, the center was 

planned and the blueprints were put together in Albuquerque without really any sense of what the present layout at Gila River was 

like, and they just slapped it in there without really any planning. 

The design is poor. 

Perhaps the most important problem that the BIA caused was 

the sight and sound concept; that is, the separation of children 

from adults out of sight and out of sound also, and this was ig- nored. For instance, when the BIA was running the center, we had 

difficulties in separating children from adults in the kitchens and 

the dining rooms and even in sleeping accommodations. They simply were not aware that you should not mix children and adult detainees in common areas, and this caused a lot of difficulty. 

One of the most important problems that illustrate how the BIA 

was not able to maintain the center was meals. They simply did 

not plan for meals, did not have a nutritionist available, and for 

days on end, many times the children would eat raisins and oatmeal for breakfast, lunch and dinner. That caused a lot of difficulty, simply because they did not plan food orders in advance. 

Another major problem, the last which I will mention, is the lack 

of rehabilitative services. People were simply placed in the center 

when the BIA was operating it and simply stored there. There was 

nothing, no programs for the families, no programs to deal with 

any kind of special problems, like abuse of alcohol or drugs, no 

counseling, no ADAP visitors. And these are the real serious prob-
17 

lems that caused the community to step in and eventually contract 

the center, the operation and maintenance of the center, through 

Public Law 93-638 contract. 

We took that function over and we think we have done a very 

fine job since that time. 

It is difficult but perhaps Laura Yergan can take it from this 

point and describe how the center functions now. 

Mr. RICHARDSON. Go ahead, Ms. Yergan. 

STATEMENT OF LAURA YERGAN 

Ms. YERGAN. First, let me say it is an honor for me to be here, 

Mr. Chairman, and members of the committee. I truly appreciate 

the opportunity to testify on behalf of the Gila River Indian Community and its children. 

As Rod said, during the days of BIA, which were just prior to my arriving there, there were a lot of problems, and when I arrived the 

tribe had very clear mandates for services that were to be provided 

to the youth in the center. Previously, they were warehoused and 

constitutional rights were not being ensured. 

One of the things that we focused on is making sure that there 

is an array of programming available with a continuum of care into 

the community to follow these kids once they leave detention. 

I am sure we have all heard about high recidivism rates, and 

that is not much different for the kids in Gila River. However, in 

the five years I have been there, I have learned that we have got 

to focus on community-based programs in addition to the detention 

and rehab program, because we have to pull the families in and 

keep the kids in the community. And that is what our efforts the 

last couple of years have been focused on doing. 

The population that we serve is extremely diverse, and this is 

problematic in and of itself. These kids range, males and females, 

from 10 to 17 years old. That is a pretty broad age range right 

there; a 10-year-old is pretty different than a 17-year-old. These 

kids come to us with sexual, physical, emotional abuses that they have experienced. There are emotionally handicapped, educationally deprived, mentally ill. 

The center serves quite a diverse group of people and that is pri- marily because there are limited resources for these kids in the 

community. And so that can be problematic, but we do take them 

all, and we very carefully try to ensure their needs are addressed 

through the rehab programming that we provide. 

What makes the juvenile detention and rehab center somewhat 

unique in Gila River, I think, is that Gila River is the only community currently who runs its own detention program with rehabilitation programming, and this has a very strong cultural emphasis to 

it. We work with traditional healers in the Community who come 

in and work with the kids, do counseling-we have two family 

counselors who do individual, group and family counseling. 

We have a philosophy that is holistic in its approach. Again, we 

address the physical, the mental, the psychological and spiritual 

needs of those kids, and I think that is the only way that you can 

effectively deal with them. And, again, as I said, the family centering is most important, because when these kids leave the center, 

even if they have been there for six months and you have worked 
18 

with them intensively and they go back to the same home environment, you are setting them up to revert to the same behaviors and 

have to respond to the same problems that initiated the behavior 

to begin with. That, I think, is significant to note. 

Another thing that makes the center unique is our attempting to 

provide an array of programs of alternative schools, and I need to 

emphasize this in terms of rehabilitation programming. Education 

is extremely therapeutic for these kids, and it truly offers them a 

way out. I think it is all too often overlooked in detention programs, even nonreservation programs, and I have worked in those 

as well and run them. I think a strong educational component, a strong counseling component, which we are very much striving to do in our center, we 

provide those services, is critical. We have an alternative school in 

the center and one in the community, and so that the good work 

that is done by the school while the kids are in the center can be 

continued while they are in the community. 

In terms of talking about some of the issues that we have dealt 

with, I would like to just focus a little bit on the facility. And as 

Rod said, there definitely are some problems, and if this committee 

is considering oversight of the building of other such facilities, I 

would certainly like to say that design and quality of construction 

are absolutely important. The facility we are in is extremely poorly designed. It is a lineal 

design, which does not provide for visibility. And what happens is 

it requires additional staff, which makes it much more costly to 

run. It is poorly constructed and what happens there is that the 

plumbing backs up, sewers back up, things fall apart continually, and again, the costs to maintain the center are much higher than 

they would have to be. I think that the other thing is the sign in front of the center says 

rehabilitation center, but it was certainly not designed with that in 

mind. There are no offices in there, no private meeting areas. 

There is absolutely inadequate office space, and these are things I 

certainly would hope would be kept in mind when looking at facility design. 

One of the things that is very important for this population of 

youth is exercise and recreation, and we have a very limited outdoor area for kids to play. It can cut down on behaviors. They get 

pent-up energy, and they need a place to release it. We have difficulty providing that for them adequately in the center because of 

the fact that we have limited outdoor space and limited indoor 

space. The facility is approximately 8,000 square feet, and as I said, 

quite broken up by the design, which makes it much more costly 

to run. So I hope that the committee will consider these things 

when looking at building other detention centers in the community. 

The last area I would like to focus on with the time remaining 

is the networking in the community and dealing with the increased 

demand on existing services in the community. When a new entity 

such as the rehab center exists, we are doing assessments on kids, 

we are doing referrals to all existing services, and we have placed 

an increased demand on these facilities, other agencies, to provide 
19 

services, and they are not adequately able to provide them. They 

do not have the staff. They have not focused on this population. 

It is absolutely critical in planning these facilities to look at the 

needs: What you have now and what it is you are going to need; 

what kind of demand you will place on these services for facilities. 

A recommendation is for a task force, which ties in with that, so 

that all the juvenile justice agencies specifically, as well as 

nonjuvenile justice, can work together. The problem we have had, 

that I have contended with, is coordination~ohesive working relationships with law enforcement, with the children's court. And 

what happens is these kids can fall through the gaps if we are all 

not working as a cohesive team. 

This is important to consider also for juvenile detention centers 

in Indian communities. I think that there are good models out 

there. I think the rehabilitation model is an excellent model. There 

are many others. There is the reform model. But it focuses on the 

individual youth. It focuses on their needs and issues and the 

causes for their behavior. 

In the written statement that was handed out to you, there were 

some statistics in it, and it indicates that we have a significant 

number of kids who are children in need of care and status offenders who represent victimless crimes. These are nonserious offenses. 

These are kids in our center. These are part of this diverse group 

of kids that we serve, and these are kids that should probably not 

end up in detention at all. They are not offending youths, but they 

are with us because there is no other place to safely or securely 

keep them. Mr. RICHARDSON. Thank you. [Prepared statement of Ms. Yergan and attachments follow:] 
20 

LAURA YERGAH, EXECUTIVE DIRECTOR 

GILA RIVER INDIAN COKKUHITY 

TO THB 

UNITED STATES HOUS~ OP REPRESENTATIVES 

COKMITTEB ON NATURAL RESOURCES 

WASHINGTON, D.C. 

'· 

I. INTRODUCTION 

Congressman Richardson, members of the Subcommittee on 

Native American Affairs and staff of the subcommittee, it is a 

great honor and privilege to appear before you on behalf of the 

Pimas and Maricopas of the Gila River Indian Community (the 

"Community") of Sacaton, Arizona, to relate our experiences in 

endeavoring to establish community-based programs along with 

recommendations based on our experiences in operating the Juvenile 

Detention and Rehabilitation Center (the "Center") located on the 

Gila River Indian Reservation ("Reservatiol"!"). 

II. COKMUNITY-BASBD PROGRAMS 

Although the Community continuously strives to address 

the issues of its young people, there remains a need for additional 

community-based programs and services. One of the strengths of the 

Pima and Maricopa cultures has been strong family and kinship 

structures. Unfortunately, for many of the young people who come 

through the center, that strength has been lacking. With a unique 

and revitalized approach, the community-based component of the 

center, therefore, is attempting to provide to adjudicated young 

people an array of family-centered experiences and opportunities 

for learning. 

Giving something back ~~ the Community and contributing 

to the whole are traditional values of the Pima and Maricopa 

people. These values have been in~orporated into the communitybased programs. Through work on community projects, these young 

people can work constructively, rather than destructively, in their 

community; an important component of the rehabilitation of these 

young people. The community-based programs have already contributed 

to several community projects and are developing others; such as, 

the building of a traditional sandwich house. 

These programs provide young people who have re-entered 

the Community after detention, with a continuum of care and 

programs, while, additionally, providing the tribal children's 

court with community-based alternatives to incarceration. These 
21 

STATEMENT OF LAURA YBRGAN, EXECUTIVE DIRECTOR 

GILA RIVER INDIAN COMMUNITY 

PAGB 2 

alternatives provide an additional resource to the tribal 

children's court by expanding upon the more conventional resources 

- restitution and community service - that have been available. 

They are: 

A. O'Otham Oidak Traditional Farm/Garden Project 

O'Otham Oidak, "Fields of the People," symbolizes the 

revitalization of the traditional activity of farming for the Pima 

and Maricopa people. Under the direction of a Farm Manager and 

center staff, youth are instructed in planting and caring for 

crops. The ten-acre farm consists of an orchard of several hundred 

deciduous, citrus and Christmas trees; with its first crops 

consisting of a field of experimental popcorn, several acres of 

sweet and tamale corn and three acres of assorted vegetables. This 

first harvest was shared in the wider community by groups such as 

the elderly nutrition program, the Reservation's hospital and the 

community service centers. 

The farm project has created unique linkages with 

juvenile justice and non-juvenile justice agencies, while receiving 

invaluable support and contributions from the Community and the BIA 

Pima Agency. It serves all detention and community-based 

adjudicated young people and provides them with the opportunity to 

learn about their heritage as Pima and Maricopa people through 

helping to operate this 10-acre farm and a small experimental 

garden. In the near future, these young people will also learn to 

operate farm-related enterprises; such as, selling produce and 

making traditional foods to sell. 

B. Vechij Himdag Alternative School Program 

Vechi j Himdag, "The New Way," symbolizes the traditional 

and spiritual life of the Pima and Maricopa people as they move 

into the future. This new program provides the youth, as symbols 

of this future, with unique opportunities for learning and growth. 

Funded through a federal grant (see below) , this program provides 

a holistic educational program that goes beyond regular education 

by incorporating several unique aspects: Pima and Maricopa culture, 

cooperative and experiential learning, individua l ized lessons, and 

vocat~onal, social, cognitive and life skills. Given the high 

prevalence and devastating effects of alcohol and inhalants, 

substance abuse education will also be interwoven into the school's 

curriculum. 

Two teachers and an aide work intensively with 12 

adolescents in small, intensive classroom settings. All students 

have been through the children's court and have often been unable 

to function successfully in a regular school setting. The 
22 

STATEMENT OF LAURA YERGAH, EXECUTIVE DIRECTOR 

GILA RIVER INDIAN COMMUNITY 

PAGE 3 

alternative school is linked with local schools so that eighth 

grade certificates, and high school diplomas, as well as GEDs, can 

be awarded. 

c. Youth Diversion Program 

Partially funded through a state grant (see below), 

diversion serves early offenders, alternative school students, and 

adjudicated youth who have been referred for aftercare services. 

Diversion has recently been revised and expanded into a three-month 

program with a strong experiential emphasis that assists young 

people and their families to engage in activities meaningful to 

them. Each family designs their own projects, develops their own 

objectives, and ·commits to working together through project 

completion. The goal of the program is to create healthier 

relationships between parents and children. Through a sense of 

shared achievement, in a non-threatening context, it is hoped that 

famil~es can be helped to create healthier bonds. 

D. Pro:bation 

Unique to most detention centers is the fact that the 

JDRC oversees juvenile probation for the community. This component 

needs revision, as it has not had a significant impact on the 

probation population. As an agent of social control, the probation 

officer in Gila River has had limited power to take immediate 

action against a violator; e . g. he has not been able to file his 

own violations or conduct field urinalyses, and it was not until 

the past year that he has been able to present testimuny in court. 

To increase its effectiveness revision of the c h i ldren's code, 

wh ich is in process, will vest the probation division with extended 

powers . 

E. Wilderness Survival Program 

This progr~::: j.s i n plann i ng stage and is expected to be 

implemented i n Ll94 . Throughout t he country, variations of this 

1:ype of program are bei ng successfu~ly utilized with juvenile 

populations. The ~es t successf ul programs have provided intense 

emotional experiences 1n which youths are challenged to achieve, 

alone a.nd as part cf a teal:' . The Gila River wilderness prograrr. 

will emphasize such experian~es, while interweaving Pima and 

Maricopa spiritual value s and ceremon ies; such as, rites of 

passage. Youths will ~!so learn to identify and use native plants 

and the skills necessary for desert survival and tracking. 

III. considerations in Establishing Juvenile Detention and 

Rehabilitation Centers in Tribal Communities 
23 

STATEMENT OF LAURA YERGAN, EXECUTIVE DIRECTOR 

GILA RIVER INDIAN COMMUNITY 

PAGE C 

(1) community Input: Opportunities for community input 

and involvement should be incorporated into the planning process of a juvenile detention and rehabilitation program. It is also 

important to keep community members informed during and after this 

process. Without this, the community can misunderstand the 

mission, philosophy and goals of the program. 

(2) Community Relevancy: Models for programs and 

interventions based solely on anglo culture cannot be directly 

implemented and must be adapted to the societal values of the 

Native American community. If programs are not culturally 

sensi tive and adapted, they simply will not work. 

(3) Transition Time: The transition time during which a 

juvenile detention facility is transferred from BIA to tribal 

administration is a critical period during which the tribe makes 

final and detailed plans to take over the operation of the facility 

with minimal problems. This is also an area which can be too often 

overlooked. 

(4) Facility Design and Construction: 

should be of a design that: 

The facility 

- is modern a ;1d cost efficient to operate and maintain 

- provides for the highest visibility - provides for maximum safety 

- is of a size and spaciousness appropriate to population - provides adequate space for recreational activities 

- is of high quality construction 

(5) Rehabilrtation Programming: The juvenile detention 

center should provide comprehensive services to address the needs, 

rights and the Nativ e American culture of its juvenile population. 

This includes: 

- humane treatment and env ironment - comprehensive individualized educational progra ;-:~ 

- individual, group and f amily counseling - tradi ticn3l programs and activities - parent and f amily contact, counseling and other involvement - s u bstance abuse education and groups -- instruc t i onal. work assignments and pr o j ects to teach 

vocational skills 

- recreation and exercise - assessment and referral - case ma nagement and case review - incenti e program (points and phases) 

- religious services and activities 
24 

STATEMENT OF LAURA YERGAH, EXECUTIVE DIRECTOR 

GILA RIVER INDIAN COMMUNITY 

PAGE 5 

(6) Staffing Needs and Staff Training: Staffing must be 

adequate to provide continual supervision of the entire resident 

population, and intensive supervision for those who are high risk or have special needs. The most effective staff to resident ratio 

is approximately 1:6 or 1:8. In order to maintain this ratio, a pool of "on-call" staff is necessary. Training must be on-going 

and provide staff with a good understanding of the Native American 

adolescent population. This can include a wide range of topics 

relevant to working with this population, such as; depression and 

suicide, adolescent issues, sexual abuse, communication, non- violent crisis intervention. 

( 7) Establishing community-Based Programs: Establishment 

of alternative community-based programs to: provide the children's 

court with an array of alternatives to incarceration, provide a continuum of care and supervision within the community, and 

facilitate reintegration back into the community after 

incarceration. These programs should incorporate traditional 

values and customs and a strong emphasis on family participation. 

(8) Linkages with Other Service Providers: Establishing 

cooperative linkages with local agencies is vital to serving the 

needs of the juvenile population · and to minimizing those young 

people who fall through the gaps. These linkages should 

include: 

legal advocacy group to ensure provision of these services - behavioral health clinic for more intensive and on-going 

counseling, when appropriate 

- tribal social services for m~ltiple services; such as 

sexual abuse and child welfare referrals, parenting support - alcohol and drug abuse program for substance abuse 

treatment or Placement - Indian Health- Services for medical and me ntal health 

evaluation and treatment 

( 9) Upgrade Existino C,:>mmunity Se!:"vices: There is a need 

to augment staff and servJ.ces of community service providers to 

meet the increased demand anct specific needs of the juvenile 

population brought about by the addition of a juvenile 

detention/rehabilitation center. This should also 1nclude justice 

system agencies such as courts, law enforcement a nd prosecutorial 

services. The result of not doing this is overta xed agencies that 

cannot provide adequate servic0s to this popu l a tion. 

(10) !:Jealtll..Scerviceo;;: There is a n<:>ed for 24-hour care; 

both medical and psychiatric. Indian Health Service needs the resources to be able to provide medical assessments to determine 

level of toxicity or alcohol in the blood with immediate follow-up 
25 

STATEMENT OF LAURA YERGAN, EXECUTIVE DIRECTOR 

GILA RIVER INDIAN COMMUNITY 

PAGE 6 

medical care and treatment when i ndicated. Th i s includes detoxing 

for those who shown signs of serious toxicity or intoxification. 

(11) Availability of Me ntal Health Servi ces: Mental 

health treatment must be made available to this population, when 

needed, to ensure proper care is given and rights are maintained. 

Detention should be considered an inappropriate alternative to 

mental health treatment. Title XIX should also provide these 

services to Native American youths in detention, since a high 

number of those needing such services (due to v i ctimization , neglect and abuse) do, i n fact, become detained. 

(12) Children's Code: The tribal children' s code should 

be revised and up-dated commensurate with the opening of a 

comprehensive juvenile detention and rehabi litation program so 

that, as appropriate, new procedures and serv ices can be reflected. 

Keeping it current is critical and requires periodic revision to 

reflect changing needs and issues. A consideration here is to limit 

parent's ability to fi.le ungovernable or incorri gible charges 

against their child, to minimi z e dependency o n the system and the 

effects of rehabilitation. 

(13j Juvenile Task Force: Establ ishment of an on-going 

task force comprised o f juvenile justice and child welfare agencies 

can facilitate communicati on and resolut:io n of s ystemic i ssues i nvolving coordination of roles, efficiency and e ffectiveness of 

the juvenile justice system. 

(14 ) Parent Accountability: Ho l ding parents at least 

partly accountable for the o ffenses o f t r.e i r children, should be 

consider ed an import ant fac t or in reduc ing juvenile crime . This mi ght be accomp lishe d through court rna n~at ed parent i nvolvement in 

their child's program whil e in detention, requir ement to seek se r vices, f e e for detention and cour t servi c es , or mo re s erious co ~~ sanc tions. 

(15) I..0~f r tt., Adu lt :;oti_G: !: !1 ve:.- y serious , repeat ~ 

v i o lent o!' tenses, J Uve r.i le c ases should be ~ransfe red to adul t cour::. t.o be tried as adt~ 'ts. These offenders e1re often :!.e ss 

amenable to r ehabi1 :tat:io:1 and shou l d not he r..i >:ed ~ ... it~ g€~ or 

s t:atus o f fe nding yo~tns . 

IV. Conclusion 

While th is sta~ ement. rep::- sents the j.:no\.Jledge ga i.ned 

through our owr. l earn i ng e xperienc es, i '::. : s impor tant that each 

~ibe c reat e i t s ow~ model un que to i t s c~m~u ni ty structure, and 

i t s special cultural h e r itage . Th e prima r y '3 l em,-,nt: that all o f the 

above pr imaril y represent is t he need for a holistic a pproach to 
26 

STATEMENT OF LAURA YERGAN, EXECUTIVE DIRECTOR 

GILA RIVER INDIAN COMMUNITY 

PAGE 7 

those problems facing Native American young people and their 

families. As each tribe seeks their own wisdom, directions and 

solutions, these recommendations are offered in the hope that they 

may gain from our experiences. 

The need for tribes and federal agencies to work together 

with mutual cooperation and respect, is of paramount importance if 

these programs are to impact the problems facing Native American 

young people today. The support and assistance of federal agencies 

is valuable to tribes and critical in the process of Indian selfdetermination. 

The assistance of this c ommi ttee and the Hou se In~er or 

Committee has been extremely helpful and greatly apprecia t e . 

I thank you for this opportunity to express the concer ns 

of the Community. 
GILA RIVER INDIAN COMMUNITY 

JUVENILE DETENTION AND REHABILITATION CENTER 

STATISTICAL DATA 

OCTOBER 1. 1992 - SEPTEMBER 30. 1993 

FREQUENCY OF INTAKES AND RECIDIVISM RATES 

INTAKE DATA PER NUMBER OF PERCENT AGE OF 

RESIDENT INTAKES POPULATION 

ONE INTAKE 185 RESIDENTS 51 % 

TWO INTAKES 69 RESIDENTS 21% 

THREE INTAKES 42 RESIDENTS 13% 

FOUR INTAKES 16 RESIDENTS 5% 

FIVE INTAKES 10 RESIDENTS 3% 

SIX INTAKES 4 RESIDENTS 1 % 

TOTAL RECIDIVISM 2 OR MORE 43% 

RATE INTAKES 

CHRONIC 30RMORE 22% 

RECIDIVISTS INTAKES 

AVERAGE INTAKES PER ADOLESCENT 2 

The Juvenile Detention and Rehabilitation Center had 598 intakes for this 

period, accounting for 326 young adults between thf ages of 10-17, entering 

detention. Data collected by Voorhis Associates, Inc. for 1990 will be used to 

create a comparison between this current data and that represent~d by the 1990 

report. Voorhis Associates, Inc., recorded an average of 2.8 bookings, while 55% 

had only one contact with the Center. Comparatively, in 1993, 57% had on!~· one 

contact, marking a 4% decrease in recidivism. Chronic recidivism also decreased, 

-.•ith 45% of young adults having 3 o.r more intakes in 1990 and onl>· 22% 

recidivating 3 or more times in 1993. The average number of intakes went down, 

dropping from 2.8 in 1990 to 2 for 1993. Voorhis Associates, Inc., reported that 

•·an astonishing number of youth had 4 to 9 contacts." The highest number of 

intakes in 1993 was 6, although more young adults served longer sentences in 

1993. Delinquency, in general, is escalating in the community, but the data 

reveals that the young adults detained at the Center do not recidivate as 

frequently as they did in 1990. 
28 

Gll.A RIVER INDIAN COMMUNITY 

JUVENILE DETENTION AND REHABILITATION CENTER 

POPULATION SERVED: NON-CRIMINAL AND CRIMINAL OFFENSES 

CHILDREN IN NEED OF CARE 2 % OF ALL INTAKES 

(CINC) 

CINC + STATUS OFFENSES 6 % OF ALL INTAKES 

CINC + CRIMINAL OFFENSES 6 % OF ALL INTAKES 

STATUS OFFENSES 18% OF ALL INTAKES 

CRIMINAL OFFENSES 40 % OF ALL INTAKES 

CINC +STATUS+ CRIMINAL 9 % OF ALL INTAKES 

OFFENSES 

CRIMINAL+ STATUS 19 % OF ALL INTAKES 

OFFENSES 

Twenty-three percent of the population served at the Center involved 

young adults who were legally classified as Children in Need of Care. Of this 

percentage, 2% of the intakes were CINCs who had no status or criminal offenses, 

but were held in detention for their own safety and security because no other 

resources existed to meet their emotional and psychological needs; while 6" of the 

CINCs had only status offenses, reflecting a total of CINC intakes with no criminal 

offenses of 8". Voorhis Associates, Inc. reported only 7.3% for the CINC intakes 

in 1990, so that current data reflects only a slight increase. CINCs who entered 

with a status or criminal offense often remain in detention past their sentencing 

due to lack of resources. 
29 

GILA RIVER INDIAN COMMUNITY 

JUVENILE DETENTION AND REHABILITATION CENTER 

SUMMARY OF CHARGES 

CRIMES AGAINST 31 INTAKES 5% 

PERSONS 

CRIMES AGAINST 1471NTAKES 26 % 

PROPERTY 

MINOR 1271NTAKES 21 % 

CONSUMPTION 

DISORDERLY 65 INTAKES 11% 

CONDUCT 

CINC + STATUS 185 INTAKES 31% 

CT. ORDER& 25 INTAKES 4% 

PROB. VIOLATIONS 

OTHER 12 INTAKES 2% 

SUBSTANCE ABUSE 266 INTAKES 45 % 

REL. OFFENSES 

A comparison of the Voorhis Associates, Inc. data for 1990 to the Center's 

data for 1993 demonstrates that substance abuse-related offenses has risen from 

38" in 1990 to 45" in 1993 (this figure represents a total of all above offenses 

that had an accompanying substance abuse charge I. Crimes against persons have 

decreased slightly, from 5.9" in 1990 t.o 5" in 1993. Crimes against property, 

however, have doubled, from 13% to 26", and these figures reflect the high 

number of auto thefts and gang-related activities evident in the community. The 

minor consumption figure of 45% may be slightly skewed down because minor 

consumption charges might not be filed in all instances when moz·e serious 

offenses have occurred. Disorderly conduct was almost always accompanied with 

a charge of minor consumption. It can be definitively stated that substance abuse 

remains a substantial problem among the juvenile population. 

75-507 0 - 94 - 2 
30 

Gn.A RIVER INDIAN COMMUNITY 

JUVENILE DETENTION AND RBHABn.IT ATION CENTER 

LENGTH OF STAY 

SERVED 1 DAY 45 RESIDENTS 15 % 

SERVED 2 DAYS 47 RESIDENTS 16 % 

SERVED 3 DAYS SO RESIDENTS 17% 

SERVED 4-7 DAYS 66 RESIDENTS 22% 

SERVED 8-30 DAYS 59 RESIDENTS 20% 

SERVED 31-90 DAYS 20 RESIDENTS 7% 

SERVED 91 + DAYS 8 RESIDENTS 3% 

TOTAL 295 RESIDENTS 100% 

MISSING DATA 31 

The average length of stay for a Center resident in 1993 was 14.4 days. 

Voorhis Asaociates, Inc. reported an average length of stay of 10.3 days for 1990, 

so that this figure has increased by an average of 4 days per resident. While 

the data for residents remaining 1-3 days remains comparable with that of 1990, 

this is not so for residents who are detained for 3 days or longer. Whereas in 

1990 only 12" of the residents remained in detention from 4-7 days, in 1993 there 

were 22" who remained in detention for that period of time, IUuetrating that the 

length of stay is increasing. The most significant increase was found for those 

residents detained for more than 91 days. This percentage baa doubled, jumping 

from 1.5" to 3". In addition, the Center currently has 3 residents serving 365 

days and 8 residents awaiting placement, which in some cases has resulted in a 

resident being detained for a year or more. As stated above, the number of 

juvenile crimes is escalating, and the juvenile justice system Ia responding to 

public concerns by detaining residents for longer periods. 1. Voorhls Assoclates. lnc.. PON.L Nee_ds Asses.sment.. l"'S'l: 

Lafayette. Colorado. 
31 

JDRC O'ODHAM OIDAK 

FARM/GARDEN PROJECT 

* FARMING RETURNS TO LAND TRACT # 1 - JDRC FARM/GARDEN PROJECT 

* 

* 

* 

YOUTH LEARNING TO WORK TOGETHER AND GROW TOGET!;ER 

A RETURN TO OUR ROOTS, T~ING RESPONSIBILITY 

A BRIDGE TOWARD TOMORROW, LEARNING NEW SKILLS 

* O'ODHAM OIDAK PROJECT: 

ORCHARD 

CHRISTMAS TREES 

TRADITIONAL GARDEN GROWN FROM NATIVE SEEDS 

DIABETES CONTROL THROUGH TRADITIONAL CROPS 

VEGETABLE GARDEN 

FARM STAND 

FLOWER GARDEN AND ARRANGEMENTS 

GREENHOUSE TECHNOLOGY AND SPICE GARDEN 

ADOPT-A-TREE PROGRAM 

* DIVERSION AND REDIRECTION OF OFFENDING YOUTH 

YOUTH PAYING RESTITUTION 

HEETING COMMUNITY SERVICE OBLIGATIONS 

:.EARNING POSITIVE VALUES 

REHABILITATI NG YOUTH 

THESE "ARE THE GOALS OF THE O'ODHAM OIDAK PROJECT - "THE FIELDS OF 

THE PEOPLE" - TO RETURN OUR YOUTH TO THE COMMUNITY AS HEALTHY AND 

PRODUCTIVE CITIZENS WHO CAN TAKE PRIDE TN THEIR WORK AND LEARN TO 

WORK CLOSELY WITH THE EART:I TO MAKE IT PRODUCE CROPS AND YIELD ITS 

FRUIT . COME JOIN US, WE HAVE ROOM FOR ANYONE WHO WANTS TO 

CONTRIBUTE OR HAVE THEIR OWN GARDEN PLOT, WORK IN THE TRADITIONAL 

GARDEN, AND TEAC:H OUR YOUTH THE 0' ODHAM VALUES THEY HAVE FORGOTTEN. 
32 

GILA RIVER INDIAN COMMUNITY 

mE JDRC VECHECHI HIMDAG DWERSION PROGRAM 

'111e Vechechi HimdDg (•New Way•) Diversion Progrrzm is a new holistic and comprehensive 

12 week program that attempts to address the issues facing the communit/ , families, and 

children. This is an experiential family-centered program. Its goal is to help families develop 

interoctive skills that promote communication and hea/Jhy bonding while addressing juvenile 

delinquency through a life skills and vocational progrom that also promotes hea/Jh and 

nutrition, and participation in AA, Community Service Projects, team sporls, and deserl 

survival. Vechechi Himdag will also link families and adolescents with community resources, 

both agencies and individuals who can help guide the family back to wei/ness. 

TARGET POPULATION 

* High Risk School Youth * JDRC Aftercare 

* Early Offender.; * Ct. Refe"ed Adolescents 

* Vechechi Himdag AIJ. School Students * Probationers 

* Family Refe"ed Adolescents 

PROGRAM COMPONENTS 

* YOUTH CHALLENGE PROJECT * RECREA110.\' PROGRAM 

* WILDERNESS A.,"VD DESERT SURHVAL * LIFE SKILLS TRAINING 

* FAMILY UNIFICATION PROJECT * O'OTHAM 0/DAK PROJECT 

* MENTOR PROGRAM * MARTIAL ARTS TRAINING 

* ENTREPRENEURSHIP PROGRAM * HEALTH & PHYSICAL FITNESS 

* BRIDGE-THE-GAP AA PROGRAM * AA GROUP 

1WO IN ONE: YOlml AND FAMII,Y PROJECTS 

* The Youth Challenge Project, a part of the Family-Centered Component, is a rite of passage 

and quest designed by the family for the adolescent to achieve. 17tis can be a troditional or 

religious-based project, i.e. such as a run or •·ision quest, or any project meaningful to this 

family which can serve to bring the family closer together and help them achieve a new 

beginning for themseli'H and child. 

* The Family Vnification Project is a long term project, task, or goal that the whole family 

will participate in together. This can include Wi/dern en and D;,sert Sun•il'al, or working 

togemer on arts. crafts trades, a garden in :he back yard, ccc. Jc is the family's task, with 

the help of their worker and mentor; 10 design and achiel'e 1/!C guals they set for themsel~ cs. 

* The Y.?uth lnter .. cntion fac e! of the program is designed to meet lite needs of the youth in 

addition to the family-centered program. 17tis includ~s ar. entrepreneurship progrom, 

recreation, life and I'OCallonal skills, working on the O'Otham Oidak l'mjrct. recreation, and 

health and physical }llness . . 1.·\, etc. 

*After completing this 12 week program .families can be sen ·ed ill ro ugh aftercare programs. 

as they wi.11:. 

1'1/E Dn'ERS/ON WORKER BECOMES TilE MENTOR 

Working with families and promoting traditional a~;d cultural a~< arelleSS through experiential 

groups, the di1·ersion worker will meet families in their homes and groups in the various 

districts. Working as a mentor they ~> ill help the fami(l' establish goals and projects, and link 

them to reso11rce people and agencies in the community. 
o~i~01N~~~~;., (ASA GRAN DE lJISPA

CASA GRANDE, ARIZONA 85222 TUESDAY, APRIL 27, 1993 N0.....__99 

I Gila River Tribe Hoping to Reap Goo

Farm, Gar9en 

Project Dedicated As I place the seed in each hole 

1 think of the Old People doing 

This I sometimes wonder II I'm 

Doing it righ t 

As I lay down on my bed at night 

I dream about the old ways 

About my ancestors. 

I wonder what II would be like to 

l1ve back In that time. 

Poem written by a young detainH ldtHJIIfiMJ 011ly .U.,T.S. 

8\' SLS \~ ED:\1.0NO 

Stafl Writer 

SACATOill - The feast in· eluded BuH (whi te tepary 

beans), E'vak <hand-picked Jndian spinachl, Gievsab (boiled 

course-ground parched white corn, tortillas, lazy bread, stew, traditional fried white goa t cheese, squash and cheese. cake and strawberries. 

A dedication was held Wednesda)' for O'Otham Oidak or the "F»elds of the People," the Gila River Indian Commu- nity's Juvenile Detention and Rehabilitation Center's farm 

a~ift:r~n7r= attended, 

said Myrtle Charles, · tbe cen- ter's education coordinator. Attending wa-e project planr:ers~~ cp:n~iZJ:b:s~ the tribal eouneil and administration, representatives from other tribal ageneiel, commu- nity members, youtb from the center and other individuals who had helped with the pro. 

- Gila River. pa•e 10 

YOUTHS PULL w..ds at the O'Otham Oldak or th. ''FMids of the 

Peaple," the Gila Rhter lnclian CotnmloJftlty'a Juvenlte O.tention and Rehobilitatlon Center's farm ancl garden pro led. The dedico

tion Wech .. lday lndudec

Emmett. White. Triba:l G

Thomas were among th
'34 

Gila River Farm ConUn•ed from Page 1 jed, she said. 

w;~r~~~c:::~ !~~r~~~~t~ 

pr~~\:!~eio the project in· eluded Gila River Farms, the Bu· 

reau of Indian Afralra' Pima Agency, the Irrigation and Rehab Program, Land Operations Management, the U.S. Soil Conserva· lion Service, the Univenity of Ari· zona, Arizona State University, 4-

H Clubs of America, the National 

Institute of Health, Native Seeds/ SEARCH, the tribal gov.,.nor, the tribal council, the Health Educa· tion program, the Employment and Training program and others, said Sandie Dass, assistant direc· 

tor of the Juvenile Detention and Rehabilitation Center. 

" People came together and worked together to make this hal" 

pen," she said. "The idea caught 

fire , there was so much momentum." 

Originally the plan was for a small garden, she said. " All or a sudden we had 10 

acres." The tribal council bad voted to let them use that mucb land. Everything bas happened with 

donations and volunteer help, she said. The ~ram was looking for a grant arid hU not fnund one yet. 

Laura Yergan, the center's executive director, said O'Otllam Oi· dak's purpose Is to Introduce youth& to tbe community's centu· rles-old tradition of farmlng. 

Especially targeted are those who are detained, those in the Youth Diversion Program, those 

:::V~e~O: ~~m;"~l tercare and thc:ae who are staying 

at the Community Residential 

Treatment Center. Its goal is to return its youth to the community 11 healthy and 

r:~f~~~t~':ctM -::: ::!:.::~ work cloaely with the earth to pro- duce crops. And because special benefit.a are gained when youths and 

adults work together, O'Otham Oidak is open to all community 

members. "Come join Ul, •• says a mer. "We have room for anyone who 

wants to contribute or have their 

own garden plot, work in the tra· ditional garden, and teach our youth the O'Otham values they 

· have fortotten.'' . A portion of the cn>po grown on the 10-acre farm wUI be aiven to elderly members ol the communi· 

ty, Dau said. Some will be aold to community 

agencies, eome will be aold at 

market. 'lbose who wort their own plot may keep what they 

grow. The project hopei to be com- pletely seJf.surficient at the end of three years, sbe aaid. Already the young peoole and staff have partly pfaafed. the kitchen garden, abe oald. 

They have planted 350 treeo - lemon, orange and. tangerine 

trees, Christmu treeo, peach, •I" 

pi~~Y~~do~ lol of hard 

work," Dus said. 

Between the rows ol treeo, they 

planed bea111, peas, w>termelon, 

squash, tamale eora, Mexican white com, yellow sweet com and experimental popcorn to see tr it 

will grow ill Arit.cma. 

One acre of the !ann II beinc 

planted in native t~, IUth as tepary beano, prbanzo beans, lentils, wild splaach, prickly 

pearo and cholla. 

" We want to lei people to eat healthier foods," Dasa aald. "And native crops are much healthier.'' 

Growinc tbem ia tbe communi· ty meana they will be avallable to the commllllity, abe aaid. 

Someday, too, ~will be apri· cot and pecan !rea, blact~ 

and strawberries and ~. 

Tribal Gov. 'lbomaa Wblte has agreed to let them use a green- house, too, she said. The young people will learn to 

work the earth at the same time they will leun the tradltioas or 

their people, to worit tocether and 

gr~~e~~U:rv!.er ... ~i!n aen the product. of their labor. The 

young people will have a farm 

stand 10 they can learn retalllDtl. 

~"f:'~l~ ~~~~ 

=~~e '~a~e .!ri111:r=::t~e ::~ arrangements. 

AnyODe, even u.c.e who are not GUa River Indian Community memberl, can adopt a tree ID the community garden ror as UtUe as $5. For more information call Dass at 512·33'73 or Casey Blla- gody at the aa.me number or 562· 

33St. 
35 

Mr. RICHARDSON. Chainnan Penney. 

STATEMENT OF SAMUEL N. PENNEY 

Mr. PENNEY. Thank you, Mr. Chainnan. I am pleased to be here 

on behalf of the Nez Perce Tribe. My name is Sam Penney, chairman of the Nez Perce Tribe executive committee. I would like to 

commend you on your efforts in holding this hearing so we and 

other tribes represented here today can share with you our concerns for our tribal youth and their families who are at risk. 

The Nez Perce tribal court system was established in 1984 and 

is currently in a state of major transition. We have recently revised 

the qualifications for some of our court officers. We are also in the 

process of revising and expanding the tribe's code of laws to extend 

the tribe's jurisdiction. 

I would like to point out on the letter that the tribe received that 

you were interested in hearing comments from tribes who currently 

do not have juvenile detention facilities. The Nez Perce Tribe is one 

of those tribes, and we are hopeful that one of the outcomes of this 

hearing will be a viable solution to the financial problems the BIA 

faces in law enforcement and other departments in these days of 

budget cutbacks. 

With the changes in our law-and-order code, we are anticipating 

that there will be a dramatic increase in caseload. In 1991, there 

were 43 juvenile cases filed in Nez Perce tribal court; in 1993 there 

were 70 cases filed, an increase of 67 percent in only two years. We 

anticipate the 70 cases will probably increase by as much as 100 

percent. 

Only a small number of those juveniles were placed in detention 

facilities, but a lack of accessible placement resources may have 

been a detennining factor in not placing more children in a locked 

facility for a short period of time. 

In planning for this increased caseload, there would be a great 

need for a juvenile detention facility to hold the juveniles who are 

adjudicated into detention through the Nez Perce tribal court system. Our current methods of detaining these juveniles are inadequate, unsatisfactory, and costly. 

Because of our rural location, far from major population areas, 

transportation costs to an existing detention facility are astronomical. A few examples would be: Coeur d'Alene, Idaho, is a round 

trip of 240 miles; Spokane, Washington, is a round trip of 260 

miles; to Yakima, Washington, it is a round trip of 440 miles; and 

a round trip to Seattle, Washington, is approximately 700 miles. As 

you can see, we do not have many suitable choices. 

A recent alternative is a new Nez Perce county facility that is 20 

miles away, but which costs $150 per day to house one juvenile. 

This is so cost prohibitive that it is a very difficult decision to make 

as to where to send a juvenile who is ordered to be detained 

through the expensive facility located close by or to a less expensive facility with a very high cost of transporting the juvenile. 

The transportation dilemma is doubled by the requirement under 

Nez Perce tribal law-and-order code that a preliminarily inquiry be 

held within 24 hours of initial detainment of the juvenile. Thus, a 

juvenile initially transported to a facility for one day may have to 

be retrieved for the court hearing back at tribal law-and-order 
36 

court and possibly transported back to the facility in which they 

are being held. 

Added to this very difficult problem of housing is that most of the 

detention facilities are almost at full occupancy. The newest and 

closest facility has only eight beds available and is utilized by five 

other counties. The facilities that are further away are also at capacity most of the year. With the rising occurrences of violent juvenile behavior and the anticipated increase in caseload due to the 

changes in the Nez Perce tribal code, the situation becomes drastic 

and requires a workable solution. 

The tribe does not want juvenile offenders to go unpunished because a facility may not be available or cost affordable. Local school 

officials have stated to me that some of the repeat offenders know 

they will not be punished for their offenses; therefore, they do not 

regard punishment deterrent to illegal behavior. We need to send 

them a strong message that illegal behavior will be penalized. 

Two recent examples were at the Lapwai High School in Lapwai, 

Idaho, where a student stabbed another classmate, I believe, eight 

times. Because there was no place to put him, that juvenile was 

back in school the next day. The only thing that the court can do 

is release them to the parents, and understandably, the administration of the school and students were fearful of this individual. 

Another example is a juvenile who moved to the Nez Perce Reservation and promptly committed several delinquent acts, including 

three assault and batteries, two thefts, and several possession/consumption violations. It took four weeks to find an available detention facility for this individual. Mer he was released on probation, 

which he immediately violated, it took another four weeks to find 

another placement resource. 

Again, the same negative message is sent to the community; that 

nothing is being done to punish these juveniles for their illegal behavior, and the safety of the community remains at risk. 

A Nez Perce juvenile detention center would provide supportive 

services to juveniles held in detention by the Nez Perce tribal 

court. The local school district, the Indian Health Services, the 

BIA, social services, and other tribal services are willing to take 

part in the rehabilitation of many of these troubled youths. 

Next week the National Institute of Corrections will be visiting 

Lapwai. I understand they deal mainly with adult facilities, but we 

will be interested in what they have to say and what kind of facility we may be able to consider in the future and we hope to have 

more information after this study is concluded. 

The Nez Perce Tribe also understands that tribes that are presently building detention centers have been on a waiting list for an 

average of six years after submitting requests. 

In conclusion, Mr. Chairman, rather than allowing the problem 

of juvenile offenders to become so out of control that we will not 

be able to handle it properly, we need financial help now so the 

problem does not become unmanageable. We need a timely method 

with the necessary funding to enable us to take the responsibility 

for the welfare, education, and rehabilitation of our troubled youth 

in order to prevent habitual offenders. The primary purpose of detention facilities would be for juveniles 

who are a danger not only to themselves but to the community at 
37 

large and to assure that juveniles would receive due process 

throughout the proceedings in Nez Perce tribal court. 

I'd like to thank you for this opportunity, Mr. Chainnan. 

[Prepared statement of Mr. Penney follows:] 
38 

TESTIMONY OF SAMUEL N. PENNEY 

CHAIRMAN, NEZ PERCE TRIBAL EXECUTIVE COMMITTEE 

Before the House Subcommittee on Native American Affairs 

November 8, 1993 

JUVENILE DETENTION FACILITIES 

Good morning, Mr. Chairman. My name is Samuel N. Penney. I am 

Chairman of the Nez Perce Tribal Executive Committee, the governing body 

of the Nez Perce Tribe. I am pleased to be here as a witness at the 

oversight hearing on Juvenile Detention Facilities . I would like to 

commend you for your efforts in holding this hearing so we, and the other 

tribes represented here today can share with you our concerns for our 

tribal youth and their families who are at risk. 

We are not among the tribes who have current facilities for juvenile 

detention, although we certainly have the need. Hopefully, one of the 

outcomes of this oversight hearing will be a viable solution to the 

financial problem the BIA faces in Law Enforcement and other 

departments in these days of budget cutbacks. 

Trjbal History 

The Nez Perce Tribal headquarters are located in Lapwai, Idaho, 

which is a rural area in the northcentral area of the state. Our tribal 

enrollment is approximately 3800 members. The 1990 Decennial Census 

lists 724 youths (348 males and 376 females) under age 18 on our 

reservation . Originally our tribe occupied some thirteen million acres . 

The present day reservation consisting of about 750,000 acres, includes 

portions of the counties of Nez Perce, Lewis, Idaho, and Clearwater. 

Trjbal Judjcja! System 

The Nez Perce tribal court system was established in 1984 and is 

currently in a state of major transition. We have recently revised the 

qualifications of court officers to require : 

* the chief judge be an attorney with judicial experience 

* the associate judges be licensed attorneys, and 

* the prosecutor also be an attorney. 
39 

* McCall, Idaho, a round trip of 360 miles; 

* Owyhee, Nevada , a round trip of over 100 miles 

Facilities operated by other tribes or tribal organizations can be found in 

Yakima, Washington, a distance of 440 miles round trip; or in Seattle, 

Washington, a round trip of 700 miles. As you can see, we do not have 

many suitable choices. 

A recent alternative is a new Nez Perce County facility that is 

twenty miles away, but which costs $150 per day to house one juvenile. 

This is so cost prohibitive that it is a very difficult decision to make as 

to where to send a juvenile who is ordered to be detained -- to the 

expensive facility located close by, or to the less expensive facility with 

the very high costs for transporting the juvenile. (We were informed by a 

consultant with the National Institute of Corrections that the $150 

charged by the County of Nez Perce is one of the highest rates in the 

country.) The transportation dilemma is doubled by the requirement under 

Nez Perce Tribal law of a preliminary inquiry with 24 hours of the initial 

detainment of the juvenile. Thus, the juvenile is initially transported to 

the facility for one day, then retrieved for the court hearing at Lapwai, 

and possibly transported back to the selected facility if such detention is 

court-ordered. 

The person transporting the juvenile is generally a BIA Law 

Enforcement Officer. The reservation community goes without one officer 

(from a very small BIA force of 7) for a period of 6-24 hours during the 

transportation process . The costs for the officer's time is added to the 

overall transportation costs, as well as the hardship placed on the 

community by his absence. 

Adding to this very critical problem of housing an adjudicated 

juvenile is the fact that the detention facilities are almost always at a 

full occupancy. The newest and closest facility has only eight beds 

available and it is utilized by five other counties. (According to the BIA 

statistics, their detention facilities average 16 beds.) The facilities that 

are further away are also at capacity most of the year. With the rising 

occurrences of violent juvenile behavior and the anticipated increase in 

caseload due to the changes of the Nez Perce tribal code, the situation 

becomes drastic and requires a workable solution. 
40 

We are also in the process of revtsmg and expanding the tribe's code of 

laws to extend the tribe's jurisdiction and regulatory authority over a 

wider range of subjects, including increased authority over juvenile 

matters. 

We are anticipating that these changes will dramatically increase 

the caseload because not only will more cases be heard, but the tribal 

court will be able to retain jurisdiction over more complex cases because 

of the increased legal abilities of the judges and prosecutors. 

Currently, through the Public Law 280 processes, the state of Idaho 

has concurrent jurisdiction over "juvenile delinquency and youth 

rehabilitation". However, the state has been unwilling or unable to 

effectively address the juvenile delinquency problem on the Nez Perce 

Reservation. 

In 1991, there were only 43 juvenile cases filed in the Nez Perce 

Tribal Court. In 1993, there were 70 juvenile cases filed, an increase of 

67% in only two years. We anticipate the 70 cases will probably increase 

by as much as 100 percent. Only a small number of those juveniles were 

placed in detention facilities, but a lack of accessible placement 

resources may have been a determining factor in not placing more children 

in a locked facility for a short period. 

Commentary 

In planning for this increased caseload, there would be a great need 

for a juvenile detention facility to hold the juveniles who are adjudicated 

into detention through the Nez Perce tribal court system. Our current 

methods of detaining these juveniles are inadequate, unsatisfactory, and 

costly. 

Because of our rural location, far from major population centers, 

transportation costs to an existing detention facilities are astronomical. 

Currently, juveniles who have been adjudicated through the Nez Perce 

Tribal Court are sent to state-run facilities in: 

• Coeur d' Alene, Idaho, a round trip of 240 miles; 

* Spokane, Washington, a round trip of 260 miles; 
41 

The Tribe does not want juvenile offenders to go unpunished just 

because a facility might not be available or cost affordable. With a valid 

threat of immediate detention, many of these juveniles will not reoffend, and may be willing to inform against those adults who are 

contributing to their delinquency and perhaps, will not behave. criminally 

in the first place. Local school officials have stated to me that some of 

the repeat offenders know they won't be punished for their offense 

therefore, they don't regard punishment as a deterrent to illegal behavior. 

We need to send them a strong message that illegal behavior will be 

penalized. 

At the same time that violations of the juvenile code are increasing, 

the type of offenses appear to be moving more toward acts of violence. 

One juvenile was recently arrested for stabbing another individual eight 

times. Because there were no detention facilities available when he was 

picked up, the juvenile was released to the custody of his parents and 

back in school the next day while awaiting his preliminary inquiry. 

Understandably, school officials and classmates were fearful of this 

juvenile and disturbed that the wrong message was being sent -- that no 

punishment may be imposed for committing a violent criminal act. 

Another example is a juvenile who committed three gang-related 

felonies in another state, moved to the Nez Perce Reservation and 

promptly committed several delinquent acts, including three assault and 

batteries, two thefts, and several possession/consumption violations. It 

took four weeks to find an available detention facility for this individual. 

After he was released on probation, which he immediately violated, it 

took another four weeks to find another placement resource. Again, the 

same negative message is sent to the community that nothing is being 

done to punish these juveniles for their illegal behavior and the safety of 

the community remains at risk. 

Plan of Action 

A Nez Perce Tribal Juvenile Detention Center would provide 

supportive services to the juvenile held in detention. The local school 

district is committed to working with the Nez Perce Tribe on alternative 

schooling while the juvenile is serving his sentence and out of the public 

school system thereby compensating for any loss of schooling. This would 

include individual assistance with schooling while in the center and also 
42 

assistance making the transition back into the public school system at the 

appropriate time. 

Other services available to the juvenile would be counseling 

emphasizing the importance of cultural and values. Tribal elders and 

other community leaders would be utilized as resources in providing 

instruction and recommendations for dealing with delinquent juveniles. 

The Indian Health Service has two mental health workers in the local 

service unit which is also located in Lapwai. This resource could be 

utilized to assist the juvenile before, during, and after his incarceration. 

The social services programs at the BIA would be another potential 

resource for counseling for the juvenile. For example, the BIA may be able 

to help with funding for care of the juvenile outside of his home. 

A consultant with the National Institute of Corrections is scheduled 

to meet with Nez Perce tribal leaders next week (November 18, 1993) to 

survey and assess the needs of the community and to determine the 

feasibility of success of such a undertaking . After this study is 

conducted we will have the information necessary to determine whether 

the project would be a self-sustaining endeavor over a three to four year 

period. 

We fully expect that with the tribal use of such a facility combined 

with other area jurisdictions's use of the facility on an 'as available' 

basis, the requested funding would only be necessary for the first few 

years. The Bureau of Indian Affairs has no more funding available for this 

type of facility. Tribes that are presently building their BIA funded 

detention centers have been on the waiting list for an average of six years 

after submitting their request. 

Rather than allowing the problem of juvenile offenders to become 

so out of control that we won't be able to handle it properly, we are 

striving to stay ahead of it. But we need the financial help now, --not six 

years from now -- so that the problem does not become unmanageable . 

We need a timely method and the necessary funding to enable us to take 

the responsibility for the welfare, education, and rehabilitation of our 

troubled youth in order to prevent habitual offenders. The Nez Perce Tribe 

solicits your support for a future juvenile detention center. 

Thank you for this opportunity to testify before this subcommittee. 
43 

Mr. RICHARDSON. Chainnan Penney, do you have BIA funds paying for the cost of a juvenile facility off-reservation? 

Mr. PENNEY. No, most 'of those costs are picked up by the tribe. 

Mr. RICHARDSON. So there are no BIA funds? 

Mr. PENNEY. The only funds that are utilized by BIA, is when 

BIA transports-the BIA police officer is usually the one that 

transports the juvenile to a facility. 

Mr. RICHARDSON. Now, to both the Governor-Elect and the 

Chainnan, has the gang violence that is screaming across our cities 

also become a problem on reservations-fonnation of gangs; gang 

violence; that kind of activity? 

Ms. THOMAS. Mr. Chainnan, at Gila River, because of the recruitment that is going on from the Phoenix area and the eastern 

part of Los Angeles, it has spilled over onto the reservation. 

In order to be established into this gang activity, you have to 

perfonn some act, and I believe this is where our crimes are coming from, mainly the vandalism and stealing of cars and also driveby shootings. We had occasion to come across some of those just 

this past year. 

Mr. RICHARDSON. Now, again for both of you, in the fonnation of 

these gangs, do they fonn their own Native American gangs or do 

they become part of the larger Los Angeles-Phoenix component? 

Ms. THoMAS. I guess I would call them our sub-gangs. There are 

major gangs, like in the city of Chandler, just to the north of us, 

and they fonn these little groups there. As I mentioned, there are 

eight known on our reservation now, and they are becoming very 

aggressive and they mimic the other gangs in California, our sister 

State. 

Mr. RICHARDSON. Chainnan Penney, you have had an outbreak 

of gangs on your reservation? 

Mr. PENNEY. Mr. Chainnan, I don't think there is probably any 

community in this country, rural communities included, that are 

free from gang activity. I do believe that some of the local juveniles 

are fonning their own gangs. 

We have what we call a community care team, which is made up 

of Indian and non-Indian individuals throughout the community. 

They have fonned a community care team, a gang task force, to 

look into this problem and report back to the executive committee 

and others on what the situation is in our area. 

Mr. RICHARDSON. What kind of assistance has the BIA provided, 

either one of you, for specific gang activity? Have they provided 

any, Chainnan? 

Mr. PENNEY. For the Nez Perce Tribe, I don't think specifically 

there has been funding for gang-related activities. The only thing 

that is currently being done by the BIA law enforcement is trying 

to get some of the kids into the DARE program which we hope will 

be a deterrent for them to not become involved in those type of activities. 

Mr. RICHARDSON. Governor-Elect Thomas, is this the same type 

of thing for you; do you have any specific directed funds from BIA 

just specifically for gangs? 

Ms. THOMAS. No, Mr. Chainnan, not at all. 

Mr. RICHARDSON. Do you think we need legislation to improve 

the operation of juvenile construction detention facilities and to 
44 

deal with the fact that there is a construction backlog? GovernorElect Thomas? 

Ms. THOMAS. Yes, we definitely need that. Some of our problems 

at Gila River, as we had mentioned, was just poor design, poor 

planning that went on and the Community had no input in it. I 

think it is important that the Community takes a strong part in 

it. 

Mr. RICHARDSON. Let me ask our expert, Ms. Yergan. Recognizing that these facilities are high-risk, what kind of programs do 

you think should be developed in these facilities? What kind of 

staff, BIA staff, are needed, in your opinion? 

Ms. YERGAN. The staff of the detention and rehab center needs 

to be able to understand this population. If they don't have training 

in a wide range of topics beyond just basic detention security procedures, they are not going to be able to effectively work with this 

group of kids. 

As a detention and rehab center, we cross over two areas. We are 

doing treatment in a sense; and we are providing safety and security and control and management of these kids. And so the staff 

have got to be very versed and very adept at dealing with a younger child in need of care, status offending youth, or an older, serious 

repeat-offending youth. As a parent, very honestly, you are combining a couple of roles. 

You have got to be able to be nurturing and supportive, while at 

the same time getting across very clear guidelines and rules of behavior and having to deal with some very big, tough kids. So the 

staff has got to have good training; they have got to be sensitive. 

And I have to say that no staff person that has come to us over 

the five years that I have been there has ever had prior training. 

So you are dealing with staff who need everything. They need to 

understand security procedures, detention procedures, as well as 

the specific population that they are dealing with. So I hope that answers the question. 

Mr. RICHARDSON. We have plans to introduce legislation to 

streamline this process. 

Let me say that we also invited the Inspector General's office to 

testify. We will have witnesses later today in the hearing that will 

basically state that some of their facilities were marked for condemnation, they were so unsuitable. While the IG is not appearing 

because their report is preliminary, they will appear at the next 

hearing. We do plan to initiate some legislation to deal with this 

problem. 

I would like to now recognize the gentleman from American 

Samoa to not only ask ~orne questions but also preside over the 

hearing. I will remind my colleague . that we have three panels and 

that the Chair will try to get back but I know that the hearing and 

the entire Indian nation will be in the good hands of the gentleman 

from American Samoa, as usual. 

Mr. FALEOMAVAEGA [presiding]. Thank you, Mr. Chairman. 

You know, I recently served as lieutenant governor of my tribe. 

I've always been curious about why some tribes call their chiefs 

chairman and others call them governors and governors-elect. Is 

there some problem with this? 
45 

And perhaps if the insular areas are allowed to have non-voting 

delegates in the Congress, why can't the Native Americans have 

representation in the same form. But anyway, that is a side issue, 

Mr. Chairman, I wanted to note for the record. 

I do have a couple of questions for our witnesses this morning. 

I first want to say that please don't feel as if because this whole 

committee dais seems somewhat empty that there is no attention 

given to the testimonies. We certainly recognize the tremendous 

distances that some of you have had to travel to come and testify 

before the committee. 

One thing I will note for the record is that Chairman Richardson 

is a member of the leadership of the House and for this reason he 

has had to do all these types of things and coming in and out of 

the committee hearings. But certainly we want to assure you that 

he is a very aggressive and a very dynamic leader, in my humble 

opinion, and I am very, very happy that we have someone of the 

caliber of Congressman Richardson taking the lead as chairman of 

the Native American Subcommittee, which by the way is for the 

first time in the five years that I have served as a member of this 

committee. I consider this to be a very historical move by the committee here-the fact that we now have a subcommittee specifically 

addressing the issues of Native Americans. 

So I want to commend the gentleman, even though he has left. 

I wanted to assure our friends here who have traveled far and wide 

to come here and make their appearance this morning. I am also 

very happy that we are leaving our friends from the Indian Health 

Service and the Bureau of Indian Affairs to testify last so that they 

will have an opportunity to hear from our friends who have come 

from the various regions of our country to testify, especially representing their several tribes. 

Usually we have our friends from the administration testify first 

and then afterwards they leave, without them getting the benefit 

of the testimonies that have been heard so far. So I am glad that 

this is the procedure that we are following. 

Just a couple of questions to Governor-elect Thomas. 

Am I correct that it was by your own initiative that you have 

taken six years to build this facility? Was this done in close consultation with the Bureau of Indian Affairs or was this done by the 

Gila River Indian Tribe? 

Was this done on your own or was this in consultation with the 

BIA? 

Ms. THOMAS. The term "consultation" kind of strikes me when 

they don't want to listen to you. We had to grab their ear first and 

put this into their minds. I would like Rod to tell you just a few 

points on how we got the BIA to listen to us. 

Mr. LEWIS. Well, we have gone through the process applying for 

a center and this . took a great many years, maybe 15 or 20 years. 

Finally, we were able to get their attention, get on the priority 

list, and that took a significant amount of lobbying, trying to convince BIA and Congress that we ought to have funding for the center. So that was a very difficult, major job in itself. 

The problem was once the center was constructed by BIA funds, 

then they took over and basically mismanaged the center. No rehabilitative services, no separation between children and adult pris-
46 

oners, poor planning as far as the meals, the things I related earlier. 

And at that point the tribe decided to contract with the center 

and take away the operation and maintenance from the center. We 

operate the center now with BIA funds but without the BIA supervision. 

Mr. FALEOMAVAEGA. We are talking about how many juveniles in 

this facility? 

Ms. YERGAN. Currently we have about 28 kids. The official capacity for keeping spacing per child is 32, but we have often gone over 

that, as high as 4 7 or 48. Mr. FALEOMAVAEGA. What is the total enrollment of the Gila 

River Community anyway? 

Ms. THOMAS. There are over 13,000 with about 9,700 living on 

the reservation itself. 

Mr. FALEOMAVAEGA. How many young people do you have on the 

reservation under 18 years of age? 

Ms. THOMAS. I think below the age of 18 there are about 4 7 to 

48 percent. 

Mr. FALEOMAVAEGA. But for your immediate consideration, this 

facility is providing for the needs of 32 juveniles? 

Ms. YERGAN. Yes. 

Mr. FALEOMAVAEGA. Am I correct? 

Ms. YERGAN. Yes. Mr. FALEOMAVAEGA. Chairman Penney, I noted in your testimony, you have 724 youths, but you are not referring to all of them 

as juveniles, are you? 

Mr. PENNEY. I am just referring to tribal youths; there are other 

non-Indian members on reservations, also. 

Mr. FALEOMAVAEGA. Following up the Chairman's question, you 

say some of these youths are involved in gangs in Seattle and Tacoma, Washington. 

Mr. PENNEY. Well, from reading the paper here and other areas, 

I think the gang activity is spreading to the rural areas. Spokane, 

Washington, which is about 100 miles north of the reservation, 

there has been increase of Los Angeles gang activity. So I think it 

is potentially; it is going to be spreading out to the reservation 

areas. 

Mr. FALEOMAVAEGA. The reason why I ask is that my own tribe 

is very much seriously in this area of gangs. I don't know if you 

heard the term SOS. Have you heard of SOS? It is not "save our 

ship"; it is "sons of San Juan". And we do have some very serious 

problems with gangs in the Seattle!I'acoma area with my own 

tribe, as well as in the Los Angeles tribe. That is why I was wondering if some of the members of the Nez Perce Tribe are involved 

in that. Well, I think your points are well taken, and I am very, very confident, and hopefully also with the help of our good friends from 

the minority side of the committee, or the subcommittee, that we 

will be doing this on a strong bipartisan basis and see if we can 

address this issue. There apparently is a national scope for the program, as administered by the Bureau of Indian Affairs. But let's 

wait and see our friends from the Bureau, then they can clarify 

some of the questions and the problems that you raise. Hopefully 
47 

not just the money issue, but the question of perhaps the limited 

resources. 

This is always the response that we get and where do we go from 

there is another question. But, hopefully, we will try and find a solution to the problems that you raised. 

I want to thank you all for testifying this morning. AB the Chairman said, the record is open for the next two weeks. If you have 

additional information or any questions or any suggestions or recommendations you may want to offer the committee or the staff, 

you are welcome to provide further input into this. 

Ms. THoMAS. Thank you, Congressman Faleomavaega. 

There is an interesting article at the end of our testimony, it is 

a news article highlighting this, we call it O'Otham Oidak, which 

is people's farmland going back to the farming, and we are leaving 

it open to our children to take part in that, in our center. It has 

been highly successful and I hope that you can read it maybe even 

come see it sometime. 

Thank you. 

Mr. FALEOMAVAEGA. I have always prodded our chairman, and 

also our ranking minority member, to visit that part of the country. 

I understand it is very nice and warm and a lot better than here. 

But you are all welcome to join my tribe in Samoa; buy your own 

ticket, but I would be very happy to receive you. Thank you for coming. 

Our next panel this morning, we will have the Honorable Roleen 

Hargrove, the council member of the Puyallup Tribe, Tacoma, 

Washington, accompanied by Mr. Rory LaDucer, tribal police chief. 

Also; the Honorable Elmer Manatowa, principal chief of the Sac 

and Fox Nation from Stroud, Oklahoma, accompanied by Ms. Eugenia Tyner-Dawson, director of community services, and Mr. Kevin 

Keckler, the president of EKM, Incorporated. Also, we have Mr. 

Charles Fischer, the administrative officer of the law enforcement 

department, the Cheyenne River Sioux Tribe from Eagle Butte, 

South Dakota. 

I would like to welcome all of you. We would like to ask the Honorable Roleen Hargrove to start off this morning. 

PANEL CONSISTING OF HON. ROLEEN L. HARGROVE, COUNCIL 

MEMBER, PUYALLUP TRIBE, TACOMA, WA, ACCOMPANIED 

RORY LaDUCER, TRIBAL POLICE CHIEF; HON. ELMER 

MANATOWA, PRINCIPAL CHIEF, SAC AND FOX NATION, 

STROUD, OK, ACCOMPANIED BY EUGENIA TYNER-DAWSON, 

Dm.ECTOR, COMMUNITY SERVICES, AND KEVIN KECKLER, 

PRESIDENT, EKM, INC.; AND CHARLES FISCHER, ADMINISTRATIVE OFFICER, LAW ENFORCEMENT DEPARTMENT, 

CHEYENNE RIVER SIOUX TRIBE, EAGLE BUTI'E, SD 

STATEMENT OF BON. ROLEEN L HARGROVE 

Ms. HARGROVE. Thank you, Mr. Chairman. My name is Roleen 

Hargrove. I am with the Puyallup Tribe of Indians. Mr. Chairman, 

what I want to begin with this morning is to share with you who 

we are and where we are located. The Puyallup Tribe of Indians 

is dubbed an urban reservation. Two-thirds of the city of Tacoma 

is located on the Puyallup Reservation, along with the municipali-
48 

ties of the city of Fife, which is located in the center of our reservation, along with portions of the city of Puyallup, the town of Milton, 

Pierce County, and the port of Tacoma. 

Along with the tribe being an urban reservation come the problems of an urban setting. This morning both yourself and Chairman Richardson had asked the question, Are there gangs on reservations? Sir, there definitely are gangs on reservations. 

Our testimony this morning gives you a breakdown as to the statistics and the programs that we have created at Puyallup over the 

approximately last five years, to look at starting with the alcohol/ 

drug programs and in the last few years adding gangs to that list, 

unfortunately. 

What I want to share with you, rather than going through verbatim the testimony, is to share with you a story I think that says 

it all as to what we are dealing with on Puyallup Reservation. 

Earlier this year, we had a drive-by shooting approximately two 

blocks from our tribal center. One of our tribal members was in his 

bedroom sitting in his brother's wheelchair. His brother was laying 

on the bed, and the boy was playing Nintendo. A drive-by shooting 

occurred. The boy sitting in the chair was shot. His mother was sitting in the living room watching television. The boy went into the 

living room and collapsed before his mother. The intent of the 

drive-by was for the young man's older brother. 

Both these young men have been involved with gangs for some 

time. The thing that is happening, there is a lot of denial on the 

part of the parents on the reservation. The young man died. He 

was 18 years old. This was on a Tuesday. The funeral was held on 

a Friday. 

Our law enforcement had to call in the local police department, 

city of Tacoma, city of Puyallup, and others to assist in that funeral 

because of fear of retaliation. This funeral for me was a reality 

check. 

Attending that funeral, I was told that there were four different 

gangs represented at that funeral. I could not believe the young 

people that were blatantly, blatantly, doing their signs, strutting 

their stuff, proud to be wearing their colors. And these were children from prominent families within the Indian community. 

Our tribe provides services for approximately 32,000 Indian people that live on Puyallup Reservation. This was on a Friday. There 

were two 13-year-old children that had been brought into our law 

enforcement office, which was right directly below my office in a 

condemned building. Our administration is centered in an old Indian Health Service facility. 

These two 13-year-olds were brought into protective custody because they had been implicated in this drive-by shooting. You talk 

about you having SOS in Samoa. We have IBG. Our youngsters are 

tattooing on their knuckles IBG, proudly. 

What is wrong with this picture? We were very fortunate in that 

the Area Director for the Bureau of Indian Affairs, Stan Speaks, 

who immediately responded, called Ted Quasula the National Director, who immediately responded. They provided us at least onetime monies to hire a juvenile officer to assist us in the things that 

are happening at Puyallup. 
49 

The city of Tacoma is in the top ten for crimes in the United 

States. It is number three in gang-related activities on the West 

Coast, behind Los Angeles and Oakland, California. Gangs are 

moving in. Our young people are creating their own gangs. Something needs to be done. 

Congress has a crimes bill that is moving forward now. We need ·our apportionment of those funds. These issues need to be addressed. 

Those two young boys that were held in custody were scared to 

death, scared to death. We have a program known as Pathways in 

our school system. This is a program that specifically is geared toward youngsters that are susceptible to moving into gangs because 

their older siblings or even their mother or father are involved in 

gangs. These are 11-, 12-, 13-year-olds; we have intensive counseling for them. We are available for them after school. 

I attended a session with these youngsters shortly after this had 

transpired. And I asked those young people what is your biggest 

fear, what do you fear the most? You don't need to share with me 

openly, but please just write it down for me. 

There were 15 youngsters in that session; 13 of those 15 youngsters identified being shot. Our chief of police, his nephew, a gang member, 16 years old, shot four times in the back, a few blocks, 

again, from our center, shot in the back. And his response was, he 

will be able to go up the ladder, a status symbol; to be shot is a 

status symbol. What is the romanticism of these kids? We are losing them. We 

are losing them. These are babies. We have a young man that attempted to remove himself, to get out of a gang. The gang went to his home, literally dragged that young man, 

again, another 16-year-old, out of his home and beat him to almost 

death. The mother came to his rescue. They beat her. The father, 

the three of them, ended up in the hospital. The mother was three 

months pregnant. One life lost is one too many. We do have requests in, and these are again issues that we have 

been addressing for a long time. We do have a request in to the 

Appropriation Committee for $174,000 to increase our law enforcement. We have requested $128,000 to fund planning and design for 

a jail facility under the PONI system through the Bureau; and we 

are also asking to pass legislation for troubled courts. 

Something needs to be done. Our staff down in the school are 

continuously adding and looking for programs. They developed, and 

I will leave, this is a rough copy, the PAVE program, Puyallups 

Against Violence. And I will leave that for the record. [The document follows:] 
50 

.. d 

I1~(90Z) 

~ltoe6V1A"­

OI.£t-·001 
51 
52 

Ms. HARGROVE. But we are doing our part and we are asking 

Congress, please, do your part to help us in our endeavor. The 

mother of the young man whose health has literally deteriorated, 

is in the hospital. She is dying. This was her baby. She has given 

up. 

With that, I would like to tum it over, thank you, I would like 

to tum it over to our chief of police. 

[Prepared statement of Ms. Hargrove follows:] 
53 

TESTIMONY OF ROLEEN L. HARGROVE, COUNCIL MEMBER BEFORE THE 

THE U.S. HOUSE OF REPRESENTATIVES NATIVE AMERICAN AFFAIRS 

SUBCOMMITTEE ON NATURAL RESOURCES CONCERNING 

THE PUYALLUP TRIBAL ACTIONS TO 

DEVELOP AND OPERATE A JUVENILE REHABILITATION 

AND DETENTION FACILITY 

Mr. Chairman, my name is Roleen L. Hargrove. I am a member of the Puyallup Tribe of 

Indians Council and I along with the Tribal Police Chief, Mr. Rory LaDucer, have been 

designated by our Tribe's governing body to present testimony today regarding efforts to 

comprehensively address the development and operation of a Juvenile Rehabilitation and 

Detention Facility within the Reservation. Our Tribe appreciates the important role this 

committee has played in protecting and enhancing human services to Indian people over the 

years, and this committee's advocacy for tribal consultation in the development and 

administration of Indian programs. 

* Three of our youth lwve been murdered in gang related activities in 1993. 

* Four of our youth have been maimed by felonious assault in gang related activities in 

1993. 

Our testimony today is organized as follows: 

I. A brief BACKGROUND STATEMENT of the context of juvenile issues faced by the 

Tribe and by our law enforcement officers, 

II. A description of our COMPREHENSIVE SOLUTIONS, 

III. The description of PROGRAMS WHICH REQUIRE COMMITTEE ASSISTANCE 

TO ENHANCE THE DELIVERY OF COST-EFFECTIVE JUVENILE 

REHABILITATION AND DETENTION FACILITY PROGRAMS. 

Tbe Puyaliup Tribe of I11lians Testia>ny, B Rovellber 1993, Page 1 
54 

I. BACKGROUND STATEMENT: 

A. Puyallup Tribe Reservation Location 

The 18,061 Puyallup Tril:>al Reservation is located within the densely urbani zed Tacoma-Seattle 

Metropolitan area of Washington State, please refer to Figure No. 1, Washin~ton State· TacomaSeattle Metropolitan Area . Over 2/3 of the City of Tacoma, all of the City of Fife and Town 

of Milton and ponions of Puyallup lie within the Reservation. The Port of Tacoma is within the 

Reservation, please refer to Figure No. 2, The Puyallup Tril:>e Reservation Map. The 

Reservation is bisected by Interstate 5 and proposed arterial road configurations and capital 

facility project~ will further fragment Trihal properties during the next decade. 

B. Indian Population Dynamics in an Urban Environment 

The 1993 Puyallup Tribal Enrollment numhers 1.739. Our Total Reservation population 

numhers 80,884; the Area-Reservation Indian Service population is 32,419 (200 Trihes and 

Alaskan Village members) as documented hy the State of wa, hington. I ,050 Puyallup Trihal 

youth and over 20,000 other Indian youth under 24 years of age live in the Reservation Area. 

The Trihal population & numhers of Indian in the Url:>an Service Area have increased by over 

fifty (50) percent in the last nine years; we anticipate the growth rate will continue during the 

next decade. 

C. Statistical Information on Violent Crime 

The Puyallup Reservation Service A rea has heen experienced a major incn:ase in violent crime 

since the late 1980's. The Puget Sound Council of Governments (PSCOG) has documented 

increases of 45% in Violent Crimes, 64% in Thefts. 19 % in Burglary, 29% in Rape . 46 % in 

Assaults and 126% in Drug-Related Crimes. Our jurisdictional neighbor, the City of Tac,>ma . 

is ranked 9th in the Nation for violent crimes and 4th for reported rapes. 

D . Gang Influence on Trihal Youth 

The gangs have infiltrated our grade, middle and high schools and threaten the integrity of law 

enforcement on the Reservation. Over 80 Tribal youth wearing gang paraphernalia and showing 

gang signs attended the recent funeral of a member slain in a gang drive-by shooting. Three (3) 

of our youTh hw•e been murdered and four seriously maimed during The lasT year. In November 

1993, twenty-one (2 1) recogni zed and affiliated gangs operate adjacent to and within the 

Reservation houndaries. 

E. Jurisdictional Context and Land Ownership 

Portions of Pierce County, and the Cities of Tacoma. Milton, Puvallup and all of Fife and the 

Tacoma Pon Authority are within the Reservation. Under .!2.\!rQ tl1e Trihe is responsible for law 

enforcement services for all Indians on Reservation and within our Service Area . 
55 

washington state 

City of Tacoaa-city of Seattle Metropolitan Area 

Figure No.: 1 

rbe .lllyallup l'ribe o! Illliw l'esti.mny, B BoveJber 1993, Paqe l 
56 

The PUyallup Tribe Reservation Map 

Figure No. 2 

The PUyallup Tiibe of Illlians Testia>ll)', 8 Novelber 1993, Page 4 
57 

E. Jurisdictional Context and Land Ownership, Continued 

The Tribe and it"s Members own approximately 900 acres, or 5%, of land on the Reservation. 

Most of the 900 acres were returned to the Tribe in 1989 as a result of the Puyallup Trjhe of 

Indians Settlement Act. The scattered land ownership pattern and recent development of Tribal 

housing on Reservation parcels compound effective law enforcement and emphasis patrolling. 

F. Inter-Jurisdictional Cooperation 

The Puyallup Tribe and Tribal Law Enforcement Program has formalized Government-toGovernment agreements with Pierce County and City of Tacoma Law Enforcement agencies 

including cross-depulization of enforcement personnel. The Tribe and others are participating 

in the Safe Streets and GREAT Progrdm (Gang Resistance, Education and Awareness Training). 

County and City Law Enforcement personnel encourage the Tribe to provide emphasis patrol 

throughout the Reservation as means to counter gang activities and their increasing impact upon 

Tribal Member juveniles. 

G. Difficulties in Maintenance of Law Enforcement 

Funding for the existing Tribal Law Enforcement Office is insufficient to acquire personnel and 

equipment to effectively counter the surge of gang related activity on the Puyallup Reservation. 

Current duties of law enforcement personnel include, only when time is available, the DARE 

program, working with our Youth Leadership and Juvenile Programs anti in patrol of the 

Reservation. We have no means to provide emphasis patrol in areas most impacted with gang 

presence. 

H. Lack of Detention Facility Space 

The very limited holding and detention facilities on the Puyallup Reservation are housed in a 

building condemned due to asbestos contamination, we must vacate the building in 1994. Plans 

are underway to move the holding and detention facilities to a temporary modular structure in 

1994. The modular facilities are being designed to physically separate the detainees hy gender 

(male/female) and age (adult/juvenile). These facilities. however, will not he adequate to handle 

the volume of potential detainees nor will it provide any relief to County and City Jail Facilities 

which cannot provide service to Indians. The Tribe has been provided limited funding in the 

amount of $ 100,000 to develop the modular facilities. We pr~ject the overall cost to be 

S400,000. The BIA. County and City have also recognized the need for a Regional Facility. 

I. Tribal Funding and Program Support 

The Puyallup Tribe continues to provide considerable funding and program support for the Law 

Enforcement and Juvenile Programs. Specitically. the Trihe funds all Jail, Di~-pat h and Food 

Costs for Law Enforcement personnel and operates Youth Leadership. Teen Pride, Counselling 

and Job Readiness Programs. These progrdmS are based upon the premise that Tribal youth need 

to see and experience real alternatives to gang membership . These support and programmatic 

efforts have a real cost. 

Tb€ Puyallup Tribe of Indians restill:lny, i Rove&~r 199 ), Pa~e 5 
58 

II. COMPREHENSIVE SOLUTIONS : 

During the last five (5) years the Puyallup Tribe has incorporated a number of programs which. 

when taken as a whole, do implement a comprehensive strategy and provide real alternatives for 

the rehabilitation of families and juveniles rather than their incarceration. 

A. The Community Response 

At a basic level, the issues of juvenile membership and participation in street gangs is being 

managed with three (3) interwoven responses: 

I. Deny Gang Lifeblood by Cutting off Their Access to New Members. 

The constant theme of gang members participation is " it's like family, they support me, they 

make me feel good. it's a place to go, they help me get the right clothes! " 

As we have struggled to understand the "whys" of gang membership - we are left with a clear 

vision . gang membership is a substitute for family . Many gang members have stated" .. . it's like 

another family that cares and sustains us." This is not an indictment of the community nor of 

the families within it. It becomes an indictment when we, as a community, fail to act. We have 

chosen to act. 

2. Strategically Implement Comprehensive Programs which Provi;le 

Counselling, Job Training and Placement, Enhancement of Youth 

Leadership, the Provision of Alternative Recreation and , most importantly, 

Foster Activities which Bind Family Generations to a Common Vision of 

a Healthy and Self-Sustaining Community. 

Over the last five years the Tribe has assembled a team from within the Reservation and through 

intergovernmental agre ment~ with contiguous jurisdictions to counter gang activities and to 

provide rehabilitation progrdms to our youth . This approach includes the following functional 

areas: 

Functional Areas 

Education 

The Chief Leschi School coordinates 

program and service delivery from 

Day Care through High School and 

recently been involved in the 

creation of Medicine Creek College 

for all members of the community. 

The school also coordinates educational, 

counselling, referral and career 

development programs with other 

components of Tribal government. 

Community Economic Development 

The development and implementation of 

a Community Overall Economic 

Development Plan (COEDP) which links 

together the opportunities and allows 

strategic implementation of progrdms. 

The PUyallup Tribe of Indians Test ~Dny, 8 Novetber 1993, Page 6 
59 

Functional Areas 

Medical 

Puyallup Health and Dental Clinic, 

Mental Health Center, Drug/Alcohol 

Counselling Center. 

Law Enforcement 

Inter-jurisdictional MOUIMOA 's with 

contiguous urban towns, cities 

and Pierce County, assignment of 

Tribal Law enforcement officers to 

the GREAT, DARE and Safe Streets 

Programs. 

Employment and Training 

Referral to and counselling by the 

Tribal Small Business, JTP A and 

Job Readiness program in 

coordination with the Tribal 

Employment Rights Office (TERO) 

for placement of youth in gainful 

training and employment 

opportunities. 

Counselling 

Youth Leadership, Youth and Housing 

Authority Recreation, Children's and 

Family SeJVice Counselling, 

Tribal Court 

Development and passage of a juvenile 

code, increasing use of Court staff 

in counselling and referral of 

juveniles to the appropriate support 

action network, institutionalization 

of the Court Counsellor and Guardian Ad Litem 

position. 

Intergovernmental Agreements 

The Tribe, Pierce County and the City 

of Tacoma·have formally agreed to 

coordinate activities in the areas 

of enforcement, early inteJVention 

and referral (the GREAT, Safe Street 

and DARE Programs) and have initiated 

advisory programs in all grade levels 

within the Chief Leschi School system. 

3. Strategically Incorporate all of the Programs Detailed Above into Tribal 

Court and Detention Facility for their use. Activate the Juvenile 

Rehabilitation and Detention Facilities to Provide Comprehensive Program 

Supports to the Clientele. 

The Tribe has requested it's independent judicial branch (Tribal Court) to join in the overall 

comprehensive strategic approach to solve issues facing juveniles. Our legislative and judicial 

branches are working from a common script to access and use a wide array of programs in 

working with the juvenile population. 

Rehabilitation imd detention of juveniles are two small but critical points in the comprehensive 

strategy. We have discussed above. some of ourefforts to redirect youth and in so doing, to 

deny further membership and participation by our community youth in the gangs on our 

ReseJVation. 

We are facing many challenges with our juvenile members - not the least of which is antiquated 

facilities. 

fhe PUyallup fribe of IlldiaJlS restitony, B Bovelber 1913, Page 7 
60 

I. Existing Facilities 

The current law enforcement detention facilities within our administrative huilding have heen 

certified oy the BIA to he functionally ohsolete . Moreover. they have also hecn condemned for 

many educational functions due to ashestos contamination. 

2. Cost of Facility Development 

The Trihe and BIA have agreed that the development of a new 20 hed Modular Detention 

Facility would Octter suit the current and programmed needs for the Puyallup Reservation. 

Accordingly, the BIA has committed the amount of$ 100.000 for the facility . The Trihc. hased 

upon preliminary engineering estimates for facility construction. will have to provide some $ 

400,000 for the halance of the facilities. 

3 . Design and Construction Criteria/Process 

The Trine and BIA have researched to find the relevant architectural and security standards to 

govern the construction of modular detention facilities. We have ohtained and used the : U.S. 

Department of Interior. Bureau of Indian Affairs - Division of Law Enforcement Services .A.dJill 

and Juvenile Detention Standards, (1991) and the Guidelines Concemjn~ Operational Issues and 

their Impact on the Desi~n of Indian Country Peteotion Centers. 1989 (Office of Construction 

Management- Policy. oudget and Administration). 

As important. the Trihe has benefitted from consultant services provided hy the U.S. Department 

of Justice. National Institute of Corrections Jail Center Technical Assistance Report 9J-JI245. 

A Detention Facility and Operations Review and Assistance for Transition w a New Facjlit>·· 

prepared oy James A. Rowenhorst. 1993. 

4 . Adult/Juveniles and Male/Female Detainees 

The Criminal justice system has solid experience in requiring the visual and vocal separation of 

differing client populations within detention facilities. The requirement 10 separate Trihal youth 

hy gender and from the adult prison population has heen included within our facility design 

standards and incorporated into the facility operational planning. 

5. Program Availability to Juveniles Incarcerated or in a Deferred Sentence 

Program 

The Trihe has listed aoove the functional areas of assistance to juveniles residing within the 

Puyallup Reservation. Individual prob'Tams and a hrief description of activities are listed below: 

Prouam Name 

Chief Leschi School: 

Promm Service Delivery 

The School System including programs from Day Care through 

High School offers educational and counselling services through 

coordination with the Tribal Children's and Family Service 

Divisions in addition to the Court and Law Enforcement Staff. 

TilE PUyallup !':ibe of lndians 1·esti10ny, B .iovel!le: l9i3, fa?< B 
Children's Services: 

Family Services: 

Law Enforcement: 

Medicine Creek College: 

Puyallup Medical 

Center: 

Puyallup Dental Center: 

Puyallup Mental Health 

Center: 

61 

Suhstantial Trilla! funds are allocated toward stafting this program 

which provides counselling and referral to educational, health and 

social services. 

This Tribally funded Program provides a full range of assessment 

and counselling for families experiencing juvenile issues. 

Counselling includes outreach services in coordination with 

Children's Services. 

This progmm receives considerable financial support from the 

Tribe particularly in the area of juvenile officers who conduct 

educational. DARE. Safe Streets and emphasis patrol activities in 

and around those institutions offering services to juveniles. Of 

critical importance, the law enforcement personnel work with the 

schools and grade school children concerning the pitfalls of gang 

membership and in the promotion of alternatives offered by the 

tribal community. 

The Tribe has recently instituted and funded a college for high 

school graduates and adults within the Reservation. This institution 

offers a wide array of job skill courses and coordinates with the 

JTPA, TERO programs in referral and job placement activities. 

Full range of medical, social and psychological 

counselling and referral. 

Basic dentislr)' services. 

Full range of socio-psychological counselling and 

referral services. 

Substance Abuse Center: Provision of thirty (30) day in-patient treatment and counselling for 

substance dependency including counseling and referral services. 

Tribal Court: 

Tribal Employment 

Rights Office: 

This program is funded substantially from tribal revenues and 

offers the services of a Judge. Children's Court Counsellor. 

Guardian Ad Litem and prosecutor. The Children's counsellor is 

extensively involved in referral and educational services in 

conjunction with families and the School System. 

Assessment of job skills and referral to 

employment opportunities in each of the 

Tribal Centers and in the Tribal Business Development Center. 

The TERO Program coordinates with the Job Training Partnership 

Act (JTPA) Staff, Job Readiness and Puyallup Educational 

Departments. 

The PUyallup T:ibe of Indians Testil y, 8 Novetber 199), Page 9 

75-507 0 - 94 - 3 
Youth Recreation: 

62 

The Puyallup Nation Housing Authority sponsors a recreational 

program for juveniles living in Tri"al Housing Complexes 

throughout the Reservation. Additional recreational opponunities, 

for the entire family, are sponsored "Y the Tribal Education 

Department. 

Ill. PROGRAMS REQUIRING COMMITIEE ASSISTANCE: 

As has heen discussed in Section II allove, the Tri"e is expending a large effon to counter gang 

and other issues facing our many juveniles. We have indicated that Tribal funds have also been 

expended to implement and oper.tte these programs. We have reached the limit of our staffing 

and financial capacity to funher impact gang issues on the Puyallup Reservation. 

We have previously requested consideration by the U.S. House of Representatives for additional 

assiStance to counter what amounts to urban guerilla actions and life threatening impacts to the 

many juveniles who look to the tri"al Government for assurance in all matters of health and 

security. 

We have reprinted below sections of our testimony before the House Appropriations 

Subcommittee on Interior and Related Agencies in which we identified programmatic suppon 

required to more fully address issues of gang violence and juvenile issues for our Tribal 

members. 

Objective Number 1: Funding for Law Enforcement Patrol On-Reservation to 

Counter the Infiltration and Actions of Gangs. 

LAW ENFORCEMENT. The Tribe's Top Priority. We are responsible L.lder Duro and we 

have a moral obligation for Law Enforcement to serve, protect and enforce Tribal Laws. The 

Indian Service Area population has tripled since 1984; the Tribe has not received any additional 

Law Enforcement funds. Increases in violent crime have occurred throughout our Reservation 

since the 1980's. For example, an increase of 45% in Violent Crime, 64% in Thefts. 19% in 

Burglary, 29% in Rape, 46% in Assaults and 126% in Drug Related Crimes (PSCOG, 1991). 

In February 1993 twenty-one recognized gangs operate on our Reservation (City of Tacoma); 

they have infiltrated our school system. A young Tribal member was slain by a drive-by gang 

shooting in February 1993. Gangs threaten law enforcement integrity on the Reservation. The 

Tribe has formalized Agreements with Pierce County, the City of Tacoma and four city Law 

Enforcement Agencies including cross-depulization. Local governments stress the need for Tribal 

Law Enforcement emphasis patrols in the community as a means to counter gang activities. 

We request that$ 174,732 be added to our base budget for Law Enforcement to conduct 

comprehensive law enforcement to assure Health and Safety for Indians within the Area. 

T~ Puyallup Tribe o~ Indians Testilon)', 8 NoveEber 1993, Page 10 
Objective Number 2: 

63 

Funding of Pre-Construction Project Development for a 

Regional Jail Facility. 

REGIONAL JAIL FACILITY. Puyallup operates the only long-term Indian detention facility 

within western Washington State. Our facility closes in 1993 due to asbestos contamination. 

We will open an interim holding facility in fall 1993. This facility will not handle the volume 

of detainees nor will it provide relief to local governments. We want to develop a Regional Jail 

Facility and provide services to Northwest Tribes. The Regional Facility will he developed 

pursuant to the BIA Planning of New Institutions process. The Puyallup Tribe has received 

extensive support and endorsement from 56 Tribes in the Affiliated Tribes of the NW (AT!\"!), 

the BIA, Pierce County and the City of Tacoma for development of a Regional Jail Facility on 

the Reservation. The Puyallup Reservation is centrally located resulting in cost-effective 

management and operations. 

We request that S 128,497 in project funding he provided to complete required planning 

pursuant to the P.O.N.I. for pre-construction activities of a Regional Jail facility . 

Objective No. 3: BIA P.L. 93-638 Contract- Chief Leschi School Complex Planning. 

CHIEF LESCH! SCHOOL COMPLEX. Congress appropriated 1992 funds for school 

construction and planning activities. We expected the BIA, Oftice of Construction Management 

(OCM) and Facilities Management and Construction Center (FMCC) to cooperate with the Tribe 

in planning of the new school complex. 

Our children have waited eighteen (18) months. The BlA, OCM and FMCC have delayed 

signing a P.L. 93-638 Contract for school planning and design. Our children and staff are 

located in temporary modulars - the old school facilities were condemned because of asbestos 

contamination and structural obsolescence. 

We urge the Committee to direct the BIA to work with Tribe and a Contract pursuant to 

P.L. 93-638 he implemented for planning activities for the new Chief Leschi School. 

Objective No. 4: Increase in Federal Support- Indian Student Equalization Program 

INDIAN SCHOOL EQUALIZATION PROGRAM. The Chief Leschi School currently 

receives $ 2,593 per Weighted Student Unit (WSU). The Trihe and School Board have 

completed analysis of the program costs to provide educational services promoting competitive 

National Level Standards; the cost is$ 3,500/WSU. 

Chief Leschi School faces a short-tdl of$ 461.663/year, 509 Student@ $ 3.500/WSU. 

We urge the Committee to advocate for a S 3,500/WSU rate as a quality education is the 

essential ingredient of an economic recovery and business competitiveness. 

Objective No . 5: Pending Outcome of National Health Care Reform, we ask that 

Tribally managed community-based health care delivery system 

funded through IHS remain intact. 

ibi; Puyallup Tribe of Iniia.'JS Testimony, 8 No•·elber 199!, Page 11 
64 

Objective No. 6: The Committee acknowledge that Indian Health Care has never been 

funded at an appropriate level to maintain standards of quality care. 

IHS HEALTH CARE FUNDING. We urge the Committee to increase the availability of 

operating funds at the Health Center or Dcliven· of Service Level. This can he accomplished 

through OMB's requirement to reduce IHS adnunistrative expenses hy 147< over four years. 

We urge the Committee to advocate for increased catastrophic health care funds. Catastrophic 

health cases have often been depleted the Tribe's contract health budget hy the fourth quarter 

resulting in forced denial of all subsequent urgent/emergent referrals. 

Objective No.7: Increase in Federal Support for Title II, ICWA, P.L. 95-608. 

TITLE II, ICW A FUNDING. The Puyallup Children's and Family Service Program can costefficiently utilize all ICW funds for intervention and support sen•ices to children and families 

within the Service Area. Pro-active involvement has proven to substantially reduce the incidence 

of delinquency. teen pregnancy and physical. mental. alcohol and substance ahuse which 

customarily end in the Tribal Court. 

Children's and Family St:rvices faces a short-tall of $80.433. 

We urge the Committee to advocate for an increase in Title II ICWA, P.L. 95-608 

appropriations and that BIA contract on the basis of Tribal Self-Determination. 

Objective No. 8: Resubmittal of Legislation to Enhance the Tribal Court System. 

TRIBAL COURT FUNDING. At present we have the framework for an adequate Court 

System; we do not hwe sufficient funding to operate a minimally acceptahle Court System. We 

are unable to retain Puhlic Defender. Guardian Ad Litem and Protective Service lnvcsti,ator 

staff. Lack of funds precludes ,•urchase of the Ft:deral Digest. Federal Rules Decisions and 

Washington State Reporter. we cannot access legal information from the Lexus Data Base. 

The Trihal Coun faces a shun-tall of$ 137.000. 

We urge the Committee to request the House Committee on Natural Resources, the SubCommittee on Native American Affairs and Senate Committee on Indian Affairs to 

resubmit legislation to enhance the Tribal Court Systems and resolve differences between 

H.R. 4004 and S. 1752 versions in the 102nd Congress. We further request that funds 

be placed with the Tribes through a National Commission rather than the BIA. 

Objective No.: 9 Clarification and Amendment as Required of the 1989 Puyallup Land 

Claim Settlement Act to provide for the use of funds designated for 

a 20 bed youth facility to be reprogrammed into the development of 

a Youth Recreational Facihty. 

Mr. Chairman. Members of the Committee. we thank you for this opportunity to discuss 

Puyallup Trihal requests. 
65 

Mr. LADUCER. I would like to thank the committee for the opportunity to speak, to elaborate a little bit after Mrs. Hargrove, that 

we have been battling this problem for approximately five years. 

And there is a comment I heard earlier that we are getting L.A.-

type gangs into our area. They are not L.A.-type gangs. They are 

L.A. gang members coming up from Los Angeles, who have been 

identified in Los Angeles, to Tacoma and recruiting our youth. 

They are intimidating our elders. They are recruiting our young. 

And when they can't recruit them, then they are committing violent acts against them. 

We are sending the wrong message out to our Indian people that 

we can't protect them. They don't like to report the crimes into the 

police department because they are afraid because we don't have 

detention facilities to lock these violent offenders up, that that 

night they will be victims of a drive-by. We have lost three tribal 

youth this year. 

We had three deaths of kids under the age of 15. We have had 

four that have been maimed, one being my nephew. We have had 

numerous drive-bys done on houses, properties, and it is breaking 

up the Indian community as we know it. 

The Puyallup Tribe law enforcement is commissioned with Tacoma and Pierce County. This has been an ongoing effort of ours 

along with the tribal councils to try to unite our forces. It has had 

some impact, but not nearly as much as we have hoped for it to 

be. 

We go to weekly gang meetings with them to identify the present 

gangs, the recruits. And we have 21 known affiliated gangs in or 

around the Puyallup Reservation. My officers are stressed. I only 

have eight officers to help to combat this problem. They don't know 

where to turn, and I don't know which direction to give them any 

longer. 

I don't have the opportunity to put them in a non-crime area or 

nonviolent crime area and shift the other personnel over there to 

help combat it. They work it day and night. Our present facilities 

that we do have, which are funded by the tribe, are inadequate, 

outdated, and condemned. But still we got to plug on, we got to do 

what we can do. We need help. We can't continue on this way. 

One of the cases that we had was a gentleman coming home from 

our Puyallup tribal bingo hall. Picked up his six-month-old child, 

3:00 o'clock in the morning, he didn't make it home. The child was 

in a restraining seat in the back of his vehicle and the father was 

shot and killed before he made it home. 

Can't continue on this way. We need somewhere where we can 

detain these people, these violent offenders, get them into our programs, get them into our alcohol and drug programs, get them into 

counseling, rehabilitation, whatever we need to do, but we need to 

get them off the streets. We need places to incarcerate these people 

until which time they are rehabilitated and gone through our judicial system and freed. We have been getting requests from other tribes in the Northwest such as Lummi, Nisqually and Squaxin. They are noticing an 

increase in gangs also in their area. They are asking us for our expertise. We don't have any more, can't give any more. We need 
66 

more officers; we need better facilities; we need more community 

involvement. 

I would like to thank you for listening to me. 

Mr. FALEOMAVAEGA. Thank you very much for a very moving testimony. 

STATEMENT OF BON. ELMER MANATOWA 

Mr. FALEOMAVAEGA. Mr. Manatowa. 

Mr. MANATOWA. Thank you, Mr. Chairman. My name is Elmer 

Manatowa, principal chief of the Sac and Fox Nation from Oklahoma, and with me today Eugenia Tyner-Dawson, director of community services, and project director for our Juvenile Detention Facility Project; and also Mr. Kevin Keckler, president of EKM, Incorporated, who is representing their firm as our project consultant. 

The Sac and Fox Nation appreciates this opportunity to provide 

our comments in promoting the critical need for juvenile detention 

centers for Indian tribes. You have copies of my written comments 

and recommendations and I today would like to read a little bit of 

our written comments and verbalize a little more on that, Mr. 

Chairman. 

Mr. FALEOMAVAEGA. By all means, without objection, all your 

statements will be made part of the record. 

Mr. MANATOWA. Thank you. In particular, we would like to provide comments relating to, number one, our experiences working 

with the Bureau of Indian Affairs system on our project. What we 

have been contending with regarding juvenile matters without a facility, what type of programs we intend to offer within our juvenile 

facility and our population. The Sac and Fox Nation was ranked first in the Nation as aresult of applications solicited by the Bureau of Indian Affairs in 

their 1989 request for proposals for Indian detention facilities construction projects. The Bureau of Indian Affairs process for the construction of juvenile centers, of course, is performed under the 

Planning on New Institutions [PONI]. In 1990, they approved our 

project and we moved forward into the needs assessment phase, which was not completed until 1991. 

We are unaware and unsure of why it took so long for us to complete the process to be into design and into the area of construction. We are not there yet today. We are progressing, but we are 

still working. 

Oklahoma has one of the largest or has the largest Indian population in the country. And there is not one existing facility in the 

State for Indians. The Bureau of Indian Affairs, specifically Law 

Enforcement Services and the Facilities Management and Construction Center, have been extremely receptive to this concept of 

juvenile centers, especially for us in Oklahoma, and have supported 

us in moving forward in this fashion. 

However, until we added this project to our compact of self-governance, the project moved very slowly through the BIA system, 

which presented us with frustration after frustration. Earlier last 

month, and then two years ago, I testified before the Senate. And 

they were asking me how self-governance was working and what 

process we went through. 
67 

I said it is like pulling teeth out of a live alligator. Have you ev~r 

done that? This is how working with the BIA was. It seems that 

that live alligator has a few teeth that have been pulled and the 

facilities management and the other agencies that are involved in 

juvenile detention now have learned that we mean business and 

have been very cooperative with us. 

And I thank them for their effort. EKM, Incorporated, our consulting firm, has been instrumental in assisting us through the 

PONI process. We recently completed the programming phase of 

our project in September 1993. We are now completing the organizational phase and architectural selection phase, which is planned 

for completion today, November 8. We will move immediately into 

the design phase and plan for completion of this project phase by 

March 31, 1994. 

I want to especially commend the U.S. Department of the Interior representatives for the Office of Self-Governance and the Office 

of Construction Management for assisting in bringing this project 

into our Compact of Self-Governance. The Sac and Fox Nation is 

without any facilities of its own to house adult or juvenile offenders. 

We are able to contract with local county jails for adult offenders. 

However, there is limited bed space for juvenile offenders in the 

State of Oklahoma for all populations. 

And if you are not aware, Oklahoma not only has the largest Indian population in the United States, more tribes, one of the highest States in number of tribes. We have some 40 different tribal 

governments located within the State of Oklahoma. In the past, we 

were able to send juveniles to the Oklahoma County juvenile facility, but due to bed space shortages they had to close their doors 

to jurisdictions outside Oklahoma County. 

There is a small pretrial facility in Pittsburg County. Pittsburg 

County in Oklahoma is in the southeastern part of Oklahoma 

which is the home of what is called Big Mac, the big adult prison 

facility in the State of Oklahoma. And here we had to send some 

of our juveniles down to the hard-core adult facility just to get 

some service for them. 

The Big Mac, or the Pittsburg facility, remains at capacity and 

we are unable to send our juveniles to this facility any longer. 

Other facilities in the State of Oklahoma do not recognize our tribal court orders for placement of juveniles. 

We are out any facilities whatsoever for juveniles in need of detention for long-term treatment care. The Sac and Fox Nation has 

endured recent misunderstandings regarding our process in this 

project. Congress was informed earlier this year that we would not 

be ready to initiate construction of our facility in fiscal year 1994. 

We did not know who stated this or why it occurred. 

It was unfortunate that we were not consulted at any time prior 

to information being submitted to Congress, and therefore part of 

the appropriations for our prison facility was left out of the language on the Senate appropriation side. We were successful in having that language replaced and put back in. 

I can assure you that we are ready to proceed on schedule to 

begin the construction phase of our facility next spring. The total 

1993 project cost is estimated at $8,808,000, plus some others, and 
68 

the 1997 total project cost will be $10.3 million. The latest congressional conference committee report indicated to us that $4,000,000 

will be available to us next year, with the remaining funds needed 

to be appropriated in the next fiscal year. 

We urge Congress to ensure our fiscal year 1994 project construction costs remain intact for appropriation this fiscal year. Furthermore, it is imperative that Congress recognize the need to appropriate our balance of construction dollars in fiscal year 1995, and 

we ask your continued support of our project to ensure it reaches 

completion. 

A new juvenile detention facility will finally provide us with the 

opportunity to take the responsibility for care in healing of youthful 

Native American population in these communities. We are working 

collectively with other Federal, State, local representatives, to ensure the cooperative effort with all involved and affected. 

We have been meeting with the State of Oklahoma on a regular basis in the past few weeks to ask their input in helping us design 

a facility that will hopefully be in line with what they want for the 

State of Oklahoma. We have approached the operation of our facility in S\ unique fashion. 

Although we will rely upon the BIA to supplement the funding 

of the facility for the first few years of operation, it is being oper- ationally designed to become a self-sustaining facility. Ultimately, 

the BIA will end up supporting some of these costs through individual tribal court budgets to other tribes that are using the facility. 

And what we are saying here is that we have offered our facility 

to any of the other 40 tribes that live in the State of Oklahoma. 

And that is where we say that the BIA will be funding some of 

those costs, because a lot of the dollars come down for court costs 

and other costs to other tribes, which will enable them to bring their juveniles into the center. 

Ideally, the Sac and Fox Nation would like to be able to concentrate the provision of educational programs and services for our 

Native American population under preventive measures. However, 

the current plight of juvenile delinquency forces us to face the im- mediacy of providing a secure environment to address intervention 

measures for juveniles at risk in our community. 

Mr. Chairman, I am going to complete my verbal remarks and 

allow my colleagues to address you for a few minutes. And I would 

like to ask that our testimony be allowed to remain open for the 

next two weeks, I believe, in order that we may be able to get to 

you our recommendations on legislation and to further expand on 

the recommendations that we have outlined in our testimony. 

Thank you, sir. 

Mr. FALEOMAVAEGA. Without objection. 

[Prepared statement of Mr. Manatowa and attachments follow:] 
69 

WRITTEN TESTIMONY OF ELMER MAHATOKA 

PRINCIPAL CHIEF 

SAC AHD FOX RATION 

BEFORE 

THE SUBCOMMITTEE ON NATIVE AMERICAN AFFAIRS 

OF THE 

COMMITTEE ON NATURAL RESOURCES 

OVERSIGHT BEARING ON THE CONSTRUCTION 

AHD OPERATION OF INDIAN JUVENILE DETENTION FACILITIES 

NOVEMBER 8, 1993 

Mr. Chairman and respective members of the Subcommittee on Native 

American Affairs of the Committee on Natural Resources. I am Elmer 

Manatowa, Principal Chief of the Sac and Fox Nation, and with me today 

is Eugenia Tyner-Dawson, Director of Community Services and Project 

Director for our Juvenile Detention Facility Project, and Kevin 

Keckler, President, of EKM, Incorporated, representing their firm as our Project Consultant. The Sac and Fox Nation appreciates this 

opportunity to provide our comments in promoting the critical need for 

juvenile detention centers for Indian tribes. In particular, we would 

like to provide comments relating to: 1) our experiences working with 

the Bureau of Indian Affairs system on our project; 2) what we have 

been contending with regarding juvenile matters without a facility; 3) 

how we see our facility operating in the community once constructed; 

and, 4) what type of programs we intend to offer the juvenile 

population in our facility. 

INTRODUCTION 

The Sac and Fox Nation appreciates the expressed interest by the 

Subcommittee on Native American Affairs of the Committee on Natural 

Resources for holding this hearing to elicit information on tribal 

issues regarding Indian juvenile detention facilities. I thank you 

for inviting the Sac and Fox Nation to this Hearing to provide 

testimony about our particular project on such an important issue that 

is not only affecting Indian tribes, but the entire country as well. 

EXPERIENCES WORKING KITH THE BIA SYSTEM 

The Sac and Fox Naticm-wa~ranked first in the Nation as a result of 

applications solicited by the Bureau of Indian Affairs in their 1989 

request for proposals for Indian detention facility construction 

projects from Indian tribes. The Bureau of Indian Affairs process for 

the construction of juvenile detention centers is performed under the 

Planning on New Institutions (PONI) 1 a multi-phase process for 

facility construction that was implemented under the Anti-Drug and 

Substance Abuse Act of 1986. In 1990, they approved our project to move forward into the Needs Assessment Phase which was not completed 

until February 1991. We are unaware of why it took this amount of 

time. It was following the completion of this phase of the PONI 

process, that it was determined that the Sac and Fox Nation would seek 

funding for a "regional facility•• concept to acconunodate numerous 

tribal needs in Oklahoma and surrounding areas. Although Oklahoma has 

the largest Indian population in the country, there is not one existing facility in our State for Indian tribes. 
70 

After reviewing the Needs Assessment, we have proceeded with a sixty 

(60) bed facility to house Native American juvenile residents for all 

interested tribes which is to be designed for er.pansion to plan for 

anticipated escalating juvenile criminal/delinquent trends. 

The Bureau of Indian Affairs, specifically, Law Enforcement Services 

and the Facilities Management & Construction Center have been 

extremely receptive to this concept and have supported us in moving 

forward in this fashion. However, until we added this Project to our Compact of Self-Governance, the Project moved very slowly through the 

BIA system which presented us with frustration after frustration. 

Once the Project became a part of the "Self-Governance Project", we were able to move forward in a more expedited manner. The Sac and Fox 

Nation is one of twenty-eight tribes participating in the SelfGovernance Demonstration Project, P.L. 100-472. We are prototyping 

this BIA construction project under the freedom and flexibility that 

the Self-Governance Demonstration Project allows. We have been able to omit the majority of the cumbersome Federal Acquisition Regulations 

(FAR), many of which, in our opinion, do not apply to Indian tribes. 

Furthermore, as a result of accepting more responsibility for 

administering this project ourselves, we have been able to eliminate 

the BIA • s time consuming reviews that normally occur throughout the 

PONI process. 

EKM, Incorporated, our Consultant Firm, has been instrumental in 

assisting us through the PONI process. We recently completed the 

Programming Phase of our Project in September, 1993. We are now completing the Organizational Phase and Architectural Selection Phase 

which is planned for completion today, November 8, 1993. We will move immediately into the Design Phase and plan for completion of this 

phase by March 31, 1994. 

We want to especially commend the U.S. Department of the Interior 

representatives from the Office of Self-Governance and the Office of 

Construction Management for assisting us in bringing this project into our Compact of Self-Governance. Also, we want to express our appreciation to the BIA representatives from the Division of Law 

Enforcement Services and Facilities Management & Construction Center. 

Unlike the strong resistance presented by other departments, divisions 

and agencies of the BIA that we constantly fight to overcome since 

becoming a Self-Governance Demonstration Project Tribe, 

representatives of these four offices have embraced the philosophy of 

Self-Governance as it pertains to our efforts to construct a juvenile 

detention facility. It has been a rare and welcomed change in 

attitude on the part of the BIA. Through this project, we have 

developed a sense of partnership with these offices of the Department 

of Interior which has brought with it, a breath of fresh air to BIA 

Indian affairs. 

In a recent meeting held between representatives of the above named 

offices and representatives of the Sac and Fox Nation to discuss 

activities and schedules of our PONI project, the Acting Director of 

the Office of Construction Management commented that they were closely 

observing our project in hopes of learning a better process from us. 

I cannot tell you how much we appreciated this comment because we believe we do have something of value to offer and we are glad for 

their willingness to learn from the Sac and Fox Nation. 

2 
71 

RICOJOOSIJ)ATIONS 

1) The PORI process utilized by the BIA is a good process; however, 

this process can be refined by limiting the time frames for BIA/Tribal 

reviews between phases. 

2) The Clinton Administration in its efforts to "Reinvent Government" 

proposes to provide more authority and responsibility at the local 

level. Provide tribes more authority to adjust their priorities for 

budgeting as needed and to make decisions at the local level that are 

currently being made by the BIA. 

3) Federal Acquisition Regulations (FAR) should not apply for those 

tribes managing their construction projects under P.L. 93-638 contracts or Compacts of Self-Governance, ·except for specification 

standards for construction. 

CURRENT ~ CONDITIONS ~ ~ FACILITY 

The Sac and Fox Nation is without any facilities of its own to house 

adult or juvenile offenders. We are able to contract with local 

county jails for our adult offenders; however, there is limi ted bed 

space for juvenile offenders in the State of Oklahoma for all 

populations. 

In the past, we were able to send juveniles to the Oklahoma County 

Juvenile Facility, but due to bed space shortages, they had to close 

their doors to jurisdictions outside of Oklahoma County. There is a small pre-trial facility in Pittsburg County, but it remains at capacity and we are unable to send our juveniles to this facility any 

longer. Other facilities in the State of Oklahoma do not recognize our tribal court orders for placement of juvenile delinquents. We are without any facilities whatsoever for our juveniles in need of 

detention or long term treatment and care. Because of these 

circumstances, our Tribal Juvenile Codes call for reverse certification of juvenile offenders of certain crimes at the age of 

fourteen to be tried as adults, when clearly juvenile puni shment and 

rehabilitation is the appropriate answer. For the most part, the 

juvenile delinquents are turned back out into our community with 

little protection provided for public safety because of our small Law 

Enforcement Division. Our juvenile population is in need of prope r 

treatment, responsible care and specialized supervision. It is indeed a desolate situation in which despair reigns. 

The Sac and Fox Nation has endured recent misunderstandings regarding 

our progress in this project. Congress was informed that we would not be ready to initiate construction of our facility in Fiscal Year 

1994. We do not know who stated this or why it occurred. It was unfortunate that we were ·not consulted at any time prior to this 

information being submitted to Congress. I can assure you that we are proceeding on schedule to begin the construction phase of our facility next spring. The total 1993 project cost is estimated at $8,818,924 

dollars. Project costs for juvenile detention are escalated at 4% per 

year. At that rate, in 1994 total project costs will be $9,171,680 

dollars and 1997 total project costs will be $10,316,893 dollars. The 

latest Congressional Conference Committee Report has indicated to us that $4 million will be available to us this year, with the remaining 

funds needing to be appropriated next fiscal year. 

3 
72 

We urge Congress to insure our Fiscal Year 1994 project construction costs remain intact for appropriations this fiscal year. 

Furthermore, it is imperative that Congress recognize the need to appropriate our balance of construction dollars in Fiscal Year 1995. 

We ask for your continued support for our project to insure it reaches 

completion. 

RECOMMENDATIONS 

1) Appropriations for juvenile detention facilities must increase. 

There are several tribes on the priority listing that have been unable to pursue projects. 

2) Insure funding appropriations continue flowing to the tribes until 

project completion. Numerous delays occur throughout the PONI process 

while tribes await annual appropriations for multi-year projects. 

HEW FACILITY OPERATIONS IN THE TRIBAL COMMUNITY(S) 

The Sac and Fox Nation looks upon the construction of the regional 

juvenile detention center as an answer to many of our local community 

juvenile problems. It will not only answer our immediate needs for 

housing Native American juvenile residents, but is being offered to all Indian tribes in the area. We are also negotiating with the State 

of Oklahoma to house Native American juveniles from non-Indian 

jurisdictions in our proposed facility and we are very hopeful that 

these negotiations will be successful. The Sac and Fox Nation is a responsible and capable Tribe and we intend to accept full 

responsibility for the custody and safety of the juveniles and the 

protection of the surrounding communities while the juveniles are under our care. The Sac and Fox Nation will be seeking full 

accredidation with American Correctional Association for our Juvenile 

Detention Facility. We desire to adopt the proposed BIA Detention 

Standards as we believe these are acceptable minimal standards which 

should be considered for all Indian juvenile detention facilities. 

A new juvenile detention facility will finally provide us the 

opportunity to take the responsibility for the care and healing of the 

youthful Native American population of the communities.. We are 

currently working collectively with other Federal, State and local 

representatives to insure a cooperative effort with all involved and 

affected. 

We have approached the operation of our facility in a unique fashion, 

although we will rely upon the BIA to supplement the funding of the 

facility for the first few years of operation, it is being 

operationally designed to become a self-sustaining facility. Daily 

per diems will be charged for users of the facility. 

Ultimately, the BIA will end up supporting some of these costs through 

individual tribal court budgets for the tribes using the facility; 

however, those tribes with local tax and revenue bases can supplement costs for housing juveniles from their respective jurisdictions. If 

negotiations with the State of Oklahoma and any other interested State 

jurisdictions are successful, additional revenues will become 

available which are not presently provided by the BIA. We are also 

looking at the feasibility of housing juvenile residents in which 

Federal delinquent charges are involved. 

4 
73 

RBCOJIMENPATIOHS 

1) Minimal standards for BIA detention facilities should be 

established to provide for efficient and effective operations of the 

facilities. 

2) Insure appropriations for Tribal Court Budgets are increased to pay 

for the expense of juveniles placed in detention facilities. 

JUVE!lLI DBTB!TION CENTER PROGRAKS 

Ideally, the Sac and Fox Nation would like to be able concentrate on 

the provision of educational programs and services for our Native 

American juvenile population under preventive measures. However, the current plight of juvenile delinquency forces us to face the immediacy 

of providing a secure environment to address intervention measures for 

juveniles at risk in our community which is a high priority. 

The Sac and Fox Nation has been adamant to insure adequate programming 

will be in place for the juvenile detention facility. We feel that it 

is vital to provide a sense of identity for Native American juveniles 

in relation to their own Native cultures and traditions, and as such, 

this facility will prioritize sensitivity to Native cultural beliefs 

which have sustained Indian people through millennium. Recent 

experiences by our Tribal staff through visits at local State operated 

facilities have resulted in findings of little or no Native American 

programs for the juvenile population we propose to serve. We will be 

able to provide this crucial missing ingredient towards rehabilitating 

Native American juveniles. 

Along with recognizing the need for Native cultural healing processes, 

we will provide programming needs typical to all juvenile populations. 

Although financial resources are limited, the Sac and Fox Nation has a number of existing programs designed to benefit the population of 

the facility; i.e., mental and substance abuse counseling and 

programs, family violence support groups, community service programs, 

vocational education and higher education scholarship programs, food 

service programs, and an on site health clinic with outstanding 

medical services that includes contract service capabilities for 

optometry, dental and other health related services, etc. 

The programming of our facility to date has included in the physical 

design of the facility 1 positive progressive behavioral rewards. A 

juvenile which displays progressive behavior patterns towards 

rehabilitation will be rewarded by enhancements in their living 

conditions. Juveniles with negative attitudinal, disruptive or 

confrontational behaviors will be placed in bleak surroundings with 

minimal required comforts. Other living areas and programs in the 

facility will graduate in comfort and privileges in accordance with 

the juvenile behaviors. 

Other Federal Departments and Agencies have not been involved enough 

in the programs for juvenile detention facilities. For example: u.s. 

Department of Education, Office of Indian Education; U.S. Department 

of Health & Human Services, Office Substance Abuse Prevention and 

Administration for Families and Children; and the U.S. Department of 

Agriculture, Food and Nutrition Service. 

5 
74 

It should be noted that the Indian Health Service has been involved in 

the PONI process under a Memorandum of Agreement with the BIA; 

however, their active involvement could increase for programming 

needs. 

Ultimately, it is our desire to provide continuous support to the 

juvenile to assist them with reintegration once they leave the 

facility and return to the community. We are limited in being able to assist juveniles that return to communities other than our own. However, we will work towards encouraging other Tribes to do the same. 

RICOJINBBDATIONS 

1) Congress and Federal Departments should recognize programming needs 

that are specific to tribal cultures and traditions as a part of the 

rehabilitation process of Native American juveniles. 

2) Funding appropriations for all Federal Departments and Agencies 

responsible for the education, health and general well-being of 

Native American juveniles should have earmarked funding for Indian 

juvenile detention facilities. 

3) Cost sharing regulation requirements between Federal Departments 

and Agencies should be waived so that the different Federal 

Departments and Agencies individual programs can be easily coordinated 

and/or consolidated for the purposes of supporting juvenile detention 

facilities for planning, design, construction, management and delivery 

of programs. 

CONCLUSIOIJ 

We believe the Sac and Fox Nation has been able to demonstrate 

successful options for the planning, design, construction and 

operation of a juvenile detention facility as a Self-Governance 

Demonstration Project Tribe. We are able to re-design programs and 

re-allocate our resources according to our priorities which we believe 

will assist us in becoming better managers of our Facility. However, 

the Demonstration Project will end in 1996. We urge this Committee to strongly consider supporting permanent legislation for SelfGovernance, not only for the tribes currently participating in the 

Demonstration Project, but also for additional tribes who desire to participate in Self-Governance Project. 

In closing, I want to thank you Mr. Chairman and members of this 

Committee for listening to our ideas and concerns regarding our juvenile detention center. I ask for your support and commitment on behalf of our Indian children as they are our future. Thank you. 

6 
75 

EXECUTIVE SUMMARY 

The pre-architectural program has identified the need for approximately 29,600 net 

square feet of space. The juvenile detention facility is organized in a campus style design 

with the courtyard being used for a variety of functions including, exercise, visiting, and 

counselling. 

The facility is divided into the following components, them being: intake and 

receiving, housing, health care, programs, visitation, food service, support, and detention 

administration. 

Based on the latest estimates of circulation requirements, the 29,600 net square 

feet will result in approximately 49,000 gross square feet of building(s). Based on an 

approximate gross square footage of 49,000 the total1993 construction costs·amount to 

$5,982,989 dollars. 

Once additional project costs are calculated, including: site work (10%), furnishings 

(5%), A/E fees (6%), additional A/E services (1.5%), consulting (1.5%), special equipment 

(5%), and contingency and supervision (15%) the total1993 project cost is estimated at 

$8,818,924 dollars. Project costs for juvenile detention are escalated at 4% per year. At 

that rate, in 1994 total project costs will be $9,171,680 dollars and 1997 total project costs 

will be $10,316,893 dollars. 

The juvenile detention facility will be located on a 20 acre parcel located east of 

State Route 99 and approved by the Nation's Business Council. The site is owned by the 

Nation and has excellent access characteristics, has available utilities, and is large enough 

to support future expansion. 

A staffing plan has been developed for the juvenile detention facility. The plan uses 

a shift relief factor to compensate for the need for seven day a week operation. There 

are 9 administrative staff, 35 detention staff, 5 program staff, 5 food service staff, 3.5 

medical staff, and 3 maintenance staff for a total staffing compliment of 61 people. Based 

on 1993 salary estimates, with benefits calculated at 30% and a 75:25 ratio between 

salaries/benefits and operation/maintenance costs, this results in a total operating budget 

of approximately 1.9 million dollars. 

Because this is a regional juvenile detention facility that will be used by various 

agencies (other Tribes and counties serving Native American youth) throughout the State 

of Oklahoma, per diem projections have been developed to offset operational costs of the 

facility. if the juvenile detention facility leased a low of 10 beds per year at $90 per day 

the Sac and Fox Nation would generate $328,500 dollars a year. if the juvenile detention 

facility leased a high of 40 beds per year at $120 per day the Sac and Fox Nation would 

generate $1,752,000 dollars a year which would significantly offset the operational costs 

of the facility. 

vii 
~ -r: .0 

;} 

( .. 

\ 

\ 

IIIUILDIII\8_11Y IS.F.I 

@ lntolce &' Houelng 

@ Progr ... 

@Support 

@ Admlnltoltellon 

Mech./Eiec. 

22.130 

10,503 

5,t34 

'"o 

~ 

12'12.03 No'f 42.3o··£ 

CONCEPTUAL SITE STUDY 

Sac & Fox Nation, Oklahoma 
TEXAS 

77 

REGIONAL MAP 

State Of Oklahoma 

AREA MAP - Sac & Fox Nation 

I MO. 

I 

., 

l 

I 
78 

Gail Elias 

Vico-PtesidonVSocrolaty 

John Mllosovich 

Vice-Presidotii!Treasurer 

201 Easl Simpson St., lafayelle, Colorado 80026 303/673-0366 Fax: 303/665-8056 

17 September 1993 

TO: 

FR: 

RE: 

PONI Committee, Sac and F;ox Nation 

Kevin C. Keckler, Principal~[ 

Juvenile Detention Facility ~~sign Schedule 

Listed below Is the design schedule that was developed by the PONI team and EKM, Inc. 

during the site visit on September 14, 1993. 

Qat§ 

9/23/93 

9/26/93 

10/15/93 

10/20/93 

10/20/93 

10/26/93 

10/27/93 

Direct mailings to architects selected by the Sac 

and Fox Nation. 

Begin advertisement for architect in various 

newspapers throughout U.S. 

Advertisement closing date at end of business 

day (4:30 PM). 

Completion of shortlist by PONI team and EKM, 

Inc. 

Contact A/E firms on shortlist to schedule 

interviews. 

Conduct interviews @ Tribal Headquarters. 

Develop recommendation of A/E firm to present 

: to Business Committee. 
10/28/93 

11/01/93 

11/05/93 

11/08/93 

12/03/93 

12/31/93 

02/14/94 

03/11/94 

03/21/94 

03/31/94 

79 

Approval of recommendation by Business 

Committee. 

Initiate contractual issues (review, revisions, & 

signing of contract). 

Completion of contractual issues (review, 

revisions, & signing of contract). 

Issue Notice to Proceed for design phase of 

project. 

Submittal of 20% drawings. 

Submittal of 40% drawings. 

Submittal of 70% drawings. 

Submittal of 99% drawings. 

Submittal of 100% drawings. 

Completion of the design phase of project. 
I.aw Enforcement Seivioes 

1£: 1342 

80 

~q:"..r,: ?;; 

~~~ -J 

To: Director, Office of Tribal Seivioes 

Frail: Chief, Divisioo of I.aw Enforcement Seivioes 

Subject: Q:llpletioo of Detentioo Projects 

As yo..t are aware, in 1988 the Divisioo of I.aw Enforcement SerVices in 

ooordinatioo with the Facility~ & CDnstruction Center (FMX) arrl 

the Office of CDnstruction Manaqement identified 16 detentioo projects as priority for CDlStructioo. '!his was aCXXI!plished thrt:u;)h the April 1988, 

P.L. 99-570 selectioo of 11 juvenile detention projects, arrl the March 

1989 adult/juvenile detention selection of 5 other projects. 'Ihese 

projects are: 

1988 P.L. 99-570 

1. Ft Plilck Tribe 

2. QJeyenne River siwx Tribe 

3. Navajo Tribe/filba city 

4. Navajo Tribe/Chinle 5. Ogla1a SiaJX Tribe 

6. ute M::Alntain ute Tribe 

7. Navajo Tribej~int 

8. 'II:lhcno O'odham Nation 

9. Navajo TribejKayenta 

10. Navajo Tribe/Shiprock 

11. Mississiwi Bard of Clloctaw 

In:lians 

1989 Adu}t/Juyenile 

1. sac & Fox Nation 

2. ute ~tain ute Tribe 

3. Gila River Irdian camunity 

4. salt River Pi..najMaricx;pa 

In:l ian o:.muni ty 

5. CDlville Confederate Tribe 

It is cur position that these 16 projects be in:::luded in FY/93 arrl out 

year t'Undi.rq ~. o:nsiderinJ the tilre that has elapsed, the money 

am man-hoors already invested, arrl the dire need for detention facilities 

throoghc:ut Irdian country, we reocmnerd that FMX prooeed to cx:rrplete the 

16 projects in all pw;es of I'U{I, thrt:u;)h oonstruction. To make the 

initial substantial invest:mi!nts arrl not follcw thrt:u;)h would be an 

injustice arrl 1oR1Ste of government funds. 

We wc:Wd ~late yo..tr suwort by the assignrent of a hi<jh priority to 

this recpest in order to cx:rrplete all of cur critical goals. 
81 

Mr. MANATOWA. I would like for Eugenia Tyner-Dawson to testify. 

Ms. TYNER-DAWSON. Thank you, Mr. Chairman. My comments 

will be brief and they are specific to recommendations of the Sac 

and Fox Nation on legislation for Indian detention centers. 

We would like the legislation to consider directing all federal departments and agencies that are responsible for the care of juveniles to include the facilities as priorities in their missions, their 

programs and their services. We would also like the legislation to 

provide waiver authority of regulations to allow the tribes the flexibility needed when we run into such regulations that bring barriers 

in developing our programs and our services for the juvenile population. 

We would also like the language to provide for participatory consultation with tribes in the development of regulations and we are 

suggesting a negotiated rulemaking process. The regulation process 

normally does not have adequate representation of tribal issues, 

their concerns and their needs. 

We are also proposing that for the construction of the facilities, 

that the elimination of the federal acquisition regulations are necessary. They are cumbersome; they are near impossible for tribes 

to meet. We have been very fortunate in self-governance that the 

federal acquisition regulations do not apply for our construction 

project and it has helped us get through this process efficiently and 

we have sufficient tribal procurement regulations and policies in 

place that work quite well. 

Of course, as a self-governance tribe, we ask that the legislation 

recognizing self-governance tribes be in the construction and operation of those facilities. We have also noticed that Congress is considering appropriations in a crimes bill and it is a very large 

amount of funding. We ask that there be consideration to earmark 

funds for the Indian juvenile detention facilities to ensure the funding will reach the tribes. 

Thank you for allowing my comments. 

Mr. KECKLER. Good morning. I would like to speak on some issues specific to juvenile detention and the issues I would like to 

speak about are the PONI process itself, the effect of juvenile detention standards, how appropriations should continue through the 

process to allow these facilities to be built, and the need for recognizing the programming needs that need to accompany the building itself. 

In the PONI process, I believe this is a good process. The concepts are exactly the way tribes would like to see them. What IT 

does is it puts the decision-making in the tribe's hands. They are 

the ones that are going to have to operate this facility; therefore, 

they should be allowed to make decisions on how it should be constructed, which will help them ease their operations. 

The process presently takes about six years to complete from the 

application phase through construction in the Bureau projects. 

However, in local or county jurisdictions that use this same process, it has been completed anywhere from 44 to 48 months, which 

is 2 years to 30 months less than what it is taking the Bureau 

projects. 
82 

And some of these projects that are now the size of these are getting up to $15 million and cutting off two years in this process; 

that would save $800 to a million dollars in escalation costs, and 

they are doing these in phases of four to five projects at once. 

If they would save two years on each project, they would have 

enough funding to possibly build a sixth. 

In terms of detention standards, I believe they are integral in the 

process of juvenile detention. Without them, we have no way to 

hold the existing facilities accountable for their actions. Therefore, 

there is a low standard in terms of what services are provided to 

juveniles. 

The proposed standards offer a lot of minimal standards and programs, physical plant operations, administration. These, especially 

the physical plant, are real important. Without them you are still 

building facilities that are not in compliance. 

I mean you don't have enough program space, some of the rooms 

are too small. What we want to do is provide programs and rehabilitate the juveniles. Without space it is impossible to do, or very 

difficult. 

I would also like to speak about the appropriations of these. I 

think part of the delay in the process is that these projects are 

funded on an annual basis. 

If a project in a certain phase misses completion by a month, 

they have to wait 11 months to go into the next phase. If you had 

continued funding for these projects, it would allow them to be 

complete within a four-year process without any undue delays. 

I have seen where these projects have drawn-first ones that are 

in completion now have taken roughly six years, very long in terms 

of the six years. The tribal administration, it is possible for them 

to change at least two times during the project. With this, you lose continuity in the local teams that have made 

a lot of decisions. The ones that initially made the decisions during 

the programming phase are not there now when the building is 

being constructed, so you have a lot of miscommunications, which 

hurts the project in terms of the final product. 

I would also like to talk about the importance of agreements between Interior agencies. What we have is we have a juvenile detention center, whether or not the services that are being provided in 

this facility are any extra services. If this juvenile was out on the 

streets, you would be providing the services at another office. 

What I would like to see is all the agencies involved in the social 

service system or criminal justice system develop interagency 

agreements where they will come to the facility and provide services if they can provide services, appropriate some funds so that 

the facility can hire these people to provide the services. This is the 

biggest piece. 

All we have is a building and the idea is not to run a revolving 

door through the system. We want to get the kids in, provide counseling, alcoholism programming, educational services to the kids 

while they are there, and slowly move them back out of the system 

so they can become productive members of society. 

That is about all I have. Thank you. 

Mr. FALEOMAVAEGA. Thank you very much. 

Mr. Fischer. 
83 

STATEMENT OF CHARLES FISCHER 

Mr. FISCHER. On behalf of the Cheyenne River Sioux Tribe, I 

wanted to come before this committee and testify about our experiences in development and operation of the juvenile detention facility on our reservation. In September of 1991, construction began on 

a new generation facility which is planned using the planning of 

new institutions process. Our new facility, which will open in the near future, will provide 

for the needs of our tribal place, the adult and juvenile detention 

and courts. It is a major change from our old facility which is similar to many others on many reservations, all of which I say is also 

true for adult facilities. 

I will limit my comments to juvenile detention. The problems in 

our current facility are well documented. We have had litigation 

around incidents which occurred in the facility and the facility has 

been condemned. 

The current facility cannot be used to houseJ·uveniles because it 

doesn't provide for adequate separation of a ults and juveniles. 

Many of the following ways are expensive and some are ultimately destructive of the things that we are trying to sustain, but they are 

only options at this time. 

One option is we take juveniles to the closest detention facility, 

more than 200 miles round-trip. This results in the isolation of the 

juvenile from his family. We believe this is critical to work with juveniles and their families even while they are in detention to avoid 

further weakening of the ties between the youth and the family 

and the community. When we can, we place juveniles in non-secure, emergency shelters. The shelters are extremely reluctant to take acting-out, intoxicated adolescents which are a large part of the juveniles seen by 

our police department. Another option is to return juveniles to the 

parents and guardians who are often unable to manage the juvenile even with the hope of social service assistance. 

This has led to a revolving door effect of juveniles in our court 

and social service systems. We see the juvenile program at our new 

facility as a way of helping stop this cycle. 

We began the planning process in 1987 as one of the first 

projects built using the PONI process. It was not easy. But we believe that this process has resulted in a number of positive changes. The project was planned with a team of representatives 

from the tribe who made decisions about how we wanted the juve- nile program to work. 

This team included representatives from a number of f.rograms that serve youth. This has led to a facility in which triba , Bureau 

and Indian Health Service programs will provide services to juveniles. And the facility will provide social services, religious services, 

including traditional practices, mental health and substance abuse 

counseling, education programs including current health issues. We 

decided to use a variety of methods to provide those programs, including some new funds, some funds from existing programs, and 

some help from volunteers. If we had not had the support of a number of people at all levels 

and if we had not used this process, I do not believe we would have 

these programs available for the facility today. Instead of a facility 
84 

in which we would hope to begin the healing process for juveniles, 

we would have created another juvenile warehouse which would ultimately not meet our needs. 

By looking at the needs of the juvenile population together, many 

of the program entities on the reservations have begun to seek additional funding to widen the services they provide to this troubled 

population. A good example is the Indian Health Services' selection 

of the Cheyenne River Counseling Services to participate in the juvenile sexual offender program. This should help our program entities to strengthen their working relationships. 

We are optimistic that we can continue to find ways for all our 

programs to work together effectively. We began preparing for operating the building at about the time construction began. This allowed us to develop the programs that I have mentioned, to develop 

operating manuals, and to hire and train staff, thus avoiding the 

embarrassment experienced by some projects in the past of having 

a building but no money to operate it. 

We will soon be opening a facility that is one element of our 

youth service system. This facility has a designated and dedicated 

juvenile staff who have been trained in operating juvenile detention 

centers. Our facility and our program are being designed to allow 

us to meet modern juvenile detention standards. We look forward 

to being a model program and hope to share our experiences in this 

process so that others can learn from our experiences. 

This process, though not easy, is not without problems. As I mentioned, we began this process in 1987. We did not have adequate 

funding for this facility when we started. As a result, we had several periods when the project was on hold while we secured additional funding. This led to changes in our project team. 

Although we were able to survive these periods because we had 

a good clear picture of where we were going and had the support 

from the Bureau and the tribe, the longer the hold, the more difficult it is to start again. 

These projects need to be moved more rapidly. To do that there 

needs to be a continued source of revenue for all stages of these 

projects, across multiple budget years. Just as there were changes 

on our project team, there were changes in personnel who worked 

on the project for the Bureau and the contractors that were used. 

We believe some of the difficulties we have experienced in construction and preparing could have been avoided if we had more program consistency. 

When we began, we did not have any standards that would tell 

us what a good juvenile detention facility and programs were. Trying tO adapt standards from other sources to our community, with 

its particular culture and programmatic needs, was not effective. 

We have worked with the draft of the BIA standards and feel confident we will meet any legal tests to come. Having standards in 

place that address the specific needs and concerns of detention and 

law enforcement in Indian communities would have made this 

process easier. 

It is very difficult to coordinate all different budgets and budget 

cycles. We believe our decision to use some of our current resources 

for this program is the right one, but it is difficult to coordinate 

funding. There are many possibilities for our program in budget 
85 

submission, but failure to secure funding for a critical element because someone does not see the relationship between detention and 

education is troublesome. 

In addition to coordinating capital and operating budgets, if you 

intend to use existing programs to provide services, you will need 

to coordinate a number of tribal, bureau and Indian Health Service 

program budgets. While we found it relatively easy to get support 

for this process at the local level, area and central office coordination of these budgets needs to be improved. 

In closing, this project could not have happened if we had not 

had an extraordinary amount of support from the tribe and all tribal programs, from the BIA Division of Law Enforcement, and from 

the Indian Health Service, as well as Facility and Management 

Construction Center. There were many moments when the fate of 

our project was hanging by a thread. It could have turned out very 

differently. We are thankful that it has not. 

We think your continued support for this type of planning project 

is critical. There are many other tribes who have the same needs 

we have; who need to use what we have learned to make their 

projects move more quickly. In the today's time, when we are all 

looking for ways to do things more efficiently, we cannot continue 

duplicating our services. We need your support at the top to make 

sure that all agencies that provide services to youth work together 

to meet these needs, both in and out of detention. 

At the very least, we need to have agreements between the key 

agencies, such as the BIA Division of Law Enforcement, Indian 

Health Services, BIA Division of Social Services, BIA Office of Substance Abuse and BIA Education to support cooperative staffing 

and operation of these facilities. In conclusion, I want to issue to each and every one of you an 

open invitation to come and visit our facility. We look forward to 

seeing you. Thank you for allowing me to present testimony on behalf of the Cheyenne River Sioux Tribe. 

Mr. FALEOMAVAEGA [presiding]. Thank you, Mr. Fischer. 

[Prepared statement of Mr. Fischer follows:] 
86 

TESTIMONY OF 

THE CHEYENNE RIVER SIOUX TRIBE 

EAGLE BUTfE, SOUTH DAKOTA 57625 

BY FESTUS FISCHER, ADMINISTRATIVE OFFICER 

FOR CHEYENNE RIVER SIOUX TRIBE LAW ENFORCEMENT 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 

Hau! On behalf of the Cheyenne River Sioux Tribe, I greet 

you with a good heart and I extend my hand to you in friendship. 

For the record, my name is Festus Fischer. I am a member of the 

Cheyenne River Sioux Tribe and the Administrative Officer for the 

Cheyenne River Sioux Tribe's Law Enforcement Program. 

It is an honor to have been invited here to speak by the 

Chairman of the House Subcommittee on Native American Affairs, 

Congressman Bill Richardson, about the Cheyenne River Sioux 

Tribe's experiences regarding the history, planning, design, 

construction, development, and implementation of the treatment 

component of the Tribe's Juvenile Detention Center, the facility 

itself and problems associated therewith. 

Q_ll_~VIEI(! 

The Cheyenne River Sioux Tribe is comprised of four of the 

seven bands comprising the Oceti Sakowin or Seven Council Fires 

of the Great Sioux Nation (Titonwan Lakota), i.e., the Itazipco, 

Minnicoujou, Oohenonpa and Siha Sapa. The Tribe is located on 

the Cheyenne River Reservation, the exterior reservation 

boundaries contain approximately 2.8 million acres in NorthCentral South Dakota. See Act of March 2, 1889, § 4 (25 Stat. 
87 

888). Roughly, 12,000 Indians live on the reservation according 

to BIA Labor Force statistics (which the Tribe views as more 

accurate than census figures because of reporting bias). 

Foremost among the myriad social problems facing the 

Cheyenne River Sioux Tribe are alcohol and substance abuse. 

These problems are of especially great concern to the Tribe 

because the BIA Labor Force statistics tell us that the median 

age of Tribal members is 19. So, we know that despite the 

ongoing efforts of the' Tribal Law Enforcement's D.A.R.E. Program 

to educate children attending reservation schools about the 

dangers of alcohol and substance abuse, inevitably the numbers of 

youthful offenders and alcohol and substance abusers will 

continue to rise along with their presence in the population. 

Hence, we believe that in the not too distant future the need for 

the space to detain juveniles in the new facility will exceed its 

capacity. 

With respect to the facility, it is outrageous that before 

the facility receives its first juvenile inmates, facility 

financial resources and available space within the facility will 

be inadequate to address the burgeoning numbers of juveniles who 

are in need of the services to be offered at the facility and who 

are court-ordered to participate in them. 

The primary reason for this shortfall in resources is that 

the facility was planned without a thorough examination of 

reservation demographics. It is clear that the increase in the 

number of juvenile offenders parallels the increase in juvenile 

population throughout the reservation. In addition, according to 
88 

the latest statistics from the BIA and the Indian Health Service, 

the fastest rise in the numbers of any Cheyenne River Reservation 

age group is the population segment between the ages from birth 

to 19. Hence, the p~oject planning for facility resources and 

the amount of funding necessary to hire personnel to properly 

> 

operate the facility, should have been done with an eye to the 

future through analysis demographic data with an emphasis on the 

needs of our future leaders, our youth. 

HISTORY 

For more than two decades, the Cheyenne River Sioux Tribe 

has known that it was in serious need of a new law 

enforcement/detention facility. ~ Letter of C.R.S.T. Police 

Chief M. LeCompte to Bill Richardson, Chairman, House 

Subcommittee on Native American Affairs, November 3 , 1993, p . 1 

("The building which served as a jail for nearly 35 years has 

been condemned due to critical deficiencies."). This was the 

major catalyst in the Tribe's efforts to obtain requisite funding 

for the construction of a new facility. In addition, in 1980, 

Dakota Plains Legal Services filed a habeas ~ action against 

the Tribe, on behalf of an Indian juvenile entitled White Shield 

v. Garreau. The case culminated in a stipulated agreement 

approved by the court. Before the United States District Court 

for the Central Division of South Dakota, the Tribe agreed to 

cease placing juveniles in the old facility . The Tribe 

recognized that the health and safety of the juvenile inmates was 

of paramount importance and that they should not be endangered 

any longer nor have their civil rights violated by being housed 

in a condemned facility. IQ. 
89 

Two years Later, the Tribe was still attempting to bring the 

old facility into compliance. The C.R.S.T. Tribal Council 

Minutes of July 6, 1982, at pp. 28-31, record the correspondence 

between a Dakota Plains Legal Services Paralegal and the Tribe 

two years after White Shield, regarding the areas which the Tribe 

failed to improve at the old Tribal jail. Dakota Plains Legal 

Services Paralegal Ditton writes: 

Juveniles are still being held in the same cell in the jail. 

I inspected the jail itself and the glass on the peephole 

was still shattered leaving jagged edges and there was water 

standing on the floor by the toilet. I suspect there may 

have been a leak from the toilet. There was one male 

juvenile in the cell. He had several magazines and toilet 

paper, but that appeared to be the extent of his personal 

possessions. I checked the shower and it was functioning 

with hot water, but it clearly had not been used for a 

while. In a large paper bag, rubbish was being stored in 

the shower. The juvenile told me he had not showered. 

I later asked the chief of Police what he knew about the 

plans for a new juvenile facility. He said that he that one should be built just north of the jail. Apparently there is 

a holdup as there is not enough money. Plans have been 

prepared, the Special Officer, is involved. 

Despite the extremely poor conditions for juveniles at the 

old facility, the Tribe was unable to obtain funding to renovate 

the existing (condemned) facility or to construct a new one for 

nearly ten years. Thus, per the District Court's order in White 

Shiald. ~. juvenile offenders were routinely sent to the 

Standing Rock Sioux Tribe's Law Enforcement Detention Center at 

Fort Yates, North Dakota -- approximately one hundred five miles 

from Eagle Butte, one-way. Meanwhile, adult offenders continued 

to be housed at the old Tribal Law Enforcement/Detention 

Center/Courthouse. 
CURRENT STATQS OF THE OLD FACILITY 

In fact, as the SubCommittee meets here today, juvenile 

offenders are still routinely sent to the Standing Rock Detention 

Center, just as adult offenders continue to be housed at the old 

Tribal Law Enforcement/Detention Center/Courthouse. 

PROBLEMS WITH THE NEW FACILITY 

Leaving aside the adult detention situation, and focusing on 

issues relating to juveniles and their needs, problems with the 

facility include: 

1) Despite the objections of the Tribe, for years, the 

project was referred to by the BIA as a renovation project. 

The approximately thirteen years it took the Tribe to obtain 

a special appropriation from Congress for the construction 

of a new facility in Fiscal Year 1987; 

2) The amount of time it took the Bureau of Indian Affairs 

to initiate construction after Congress appropriated the 

requisite funds; 

3) Project planning for facility resources, especially 

funding for personnel to operate the facility, failed to 

account for the future through demographics. Thus, the 

needs of our youth were not planned for; 

4) Architects involved in the facility's construction 

failed to ensure the provision of appropriate security 

devices and/or measures to protect staff and inmates alike. 

In addition, the BIA did not have a formal review of the 

construction plans prior to initiating construction. This 

necessitated additional construction and in some cases the 
91 

dismantling and reconstruction of areas of the facility in 

order to ensure the safety of staff, juvenile and adult 

inmates; 

5) Lack of requisite funding to finance the transition 

between the old facility and the new; 

6) The lack of funding to provide for the employment of 

critical facility staff such as counselors to meet the needs 

of abused, suicidal, and alcohol or substance abusing 

juveniles; 

7) Facility staff have not received training in the care, 

treatment and special needs of juvenile inmates/clients; and 

8) No funding is available to provide such training to 

facility staff to meet the (special) needs of juvenile 

inmates/clients; 

9) There is no single staff member or entity responsible 

for coordinating the delivery of services and/or the 

provision of resources to care for, treat and/or meet the 

special needs of juvenile inmates/clients; 

10) There is only one Juvenile Probation Officer and he 

cannot possibly supervise the juvenile offenders already in 

the system. Therefore, juvenile offenders will not receive 

adequate supervision in the event they are sentenced to do 

community service work, are sentenced to probation instead 

of detention or upon completion of their sentence when they 

leave the Juvenile Detention Facility; 

11) Funding for the Juvenile Detention Facility does not 

include money to provide teachers, tutors or educational 
92 

technology to juvenile inmates, although curriculum 

materials would be available from the BIA schools1 So, 

they will not have the opportunity to keep up with their 

classmates while they are under detention. Thus, as the 

inmates attain majority age, their educational levels and 

employment opportunities will likely be reduced. This will 

further strain the minimal social service monies available 

to the reservation; 

12) The Tribe has not been notified officially on the 

funding allocated to operate the detention portion of the 

new facility in Fiscal Year 1994. The Tribe has requested, 

in writing, through the Agency Superintendent's Office a 

tentative budget to enable the Tribe to prepare for FY 1994, 

to date the Tribe has received no response; 

13) In Fiscal year 1993, the Tribe received only $450,000, 

i.e., one half of the funding necessary to operate the 

detention facility when fully operational. This was 

inadequate to allow for the hiring of requisite personnel to 

be trained to operate the facility when it became fully 

operational. The consequence was that the Tribe had to take 

money from the Law Enforcement patrol budget and use it to 

fund the remainder of the detention portion; and 

14) The special appropriation for Fiscal Year 1994 needs to 

become permanent, reoccurring base fundi ng. Otherwise, the 

1 Currently, there are no educational staff that have the 

required security clearance to enter the secured portion of the 

facility . This is problematic since none of the detention 

staff have teaching certificates and so are not properly 

qualified to teach the juvenile inmates. 
93 

Tribe will never have the ability to develop the facility in 

a stable, consistent manner. 

* * * * * * * * * * • * * * * * * * * * * * * * * * * * * * 

ASSISTANCE FROM IHS AND BIA RESOURCES 

In the Fiscal Year 1993 amendment to the Memorandum of 

Agreement between the Department of Health and Human Services' 

Indian Health Service (hereafter "IRS") and the Department of the 

Interior's BIA, page 2, section V (1) entitled Scooe of Work, 

provides: 

Juvenile Detention Centers -- The IHS will enhance BIA 

juvenile detention centers with substance abuse staff for a 

social detoxification oroqram within funding constraints of 

Congressional mandates. The IRS will also be included in 

the planning and location of future centers. 

IQ. emphasis supplied. The IRS does not have any funding to 

provide a social detoxification program. The Aberdeen Area IRS 

channels money for detoxification to the Tribal Alcohol Program. 

So, except in narrow circumstances involving serious medical 

problems to inmates, there is no IHS funding at the local 

hospital. Moreover, the resources of the Tribe's Alcohol Program 

are seriously overtaxed in terms of its existing caseload 

throughout the reservation2 Therefore, it is unclear to what 

extent substance abuse staff will be available to implement the 

said social detoxification program. 

At page 2, section V (2), the IHS-BIA agreement further 

provides that: 

Adolescent Regional Treatment Centers -- The IRS will 

continue to enhance existing centers and maintain the 

2 The reservation is about the size and shape of the State of 

Connecticut. 

75-507 0 - 94 - 4 
94 

completion of additi~nal centers as a priority. The BIA 

will work closely with IHS in identifying education resources (curriculum, libraries, recreational, facilities, 

computers, funds for teachers, etc.), within funding 

constraints •..• 

Id. emphasis supplied. Indeed, in a memorandum received November 

3, 1993, from the BIA's Cheyenne River Agency Superintendent of 

Education Dr. C. Farlee: 

Educational services would be provided to the juvenile as a cooperative effort between the school and the Center. The 

school would provide the curriculum, books and materials. 

Technology could be incorporated into the educational 

setting allowing for computer networking and instructional 

television. It would be recommended that an elementary and a secondary instructor be employed. Current funding levels 

would not allow for the technology or the employment of the 

instructors. The positions would be sub1ect to a s~curity 

clearance. 

Id. emphasis supplied. 

Even with a statutorily authorized memorandum of agreement 

between these two agencies -- each with a trust responsibility 

toward the Tribe -- the scope of work for both agencies is 

entirely contingent upon available funding. Thus, there is no 

certainty at all that there will be any assistance forthcoming 

from either agency. 

Historically, lack of funding is the single most common 

excuse for the failure of federal agencies to provide requisite 

assistance to Indian tribes and their members. Accordingly, the 

Cheyenne River Sioux Tribe recognizes that the primary assistance 

it needs is in the form of hard dollars appropriated annually by 

Congress specifically for the ongoing operation of the Juvenile 

Detention Center. 
95 

Conclusions 

As a member of the Cheyenne River Sioux Tribe and the 

Administrative Officer for the Cheyenne River Sioux Tribe's Law 

Enforcement Program, I ask for your assistance in helping the 

Tribe to meet the special needs of its youth, especially those 

who have been abused, neglected, fallen victim to alcohol or 

substance abuse and have become youthful offenders. 

I urge you to join the Tribe in its quest for the necessary 

funding to employ the personnel needed to implement the programs 

critical to the operation of the facility and so the future of 

children throughout the reservation. 

This is one area in which the United States' trust 

responsibility is the linchpin to ensuring that people who really 

care about Indian children. can offer the youth "an ounce of 

prevention" by ensuring that there are programs to help the 

children least able to identify their problems or to seek 

appropriate solutions. If you believe as I do, that this is the 

only way to make the future better, then help us to ensure that 

the children get the help they need and deserve. After all, 

they're the reason we're all here today, aren't they? 

In closing, I ask that you appropriate sufficient funding to 

help us help ourselves. It all starts with the children. 

Pilamaya pelo! 
96 

Mr. FALEOMAVAEGA. The testimonies that have been given thus 

far, there seems to be a common thread here running from the witnesses in terms of the problems that we are confronted with. Inordinate delays in the process, whatever that process is; a lack of 

funding; restrictive regulations; and nonrecognition of the serious 

gang problems that some of the tribal members have shared with 

the committee this morning. 

I suppose the option available for the committee here is to pursue some kind of a legislative route if this is the only way that we 

can resolve some of these problems. I wanted to ask Ms. Hargrove 

if the BIA has given the Puyallup Tribe any kind of assistance as 

far as gang activities are concerned? Have they sent funding of 

some sort to help the tribe or is this something that is not available 

from the Bureau of Indian Affairs? 

Ms. HARGROVE. Mr. Chairman, the Bureau has been very cooperative with the tribe. The problem that we are having is not with 

the Bureau but, as you stated, the funding, or the resources to be 

able to provide the necessary programs or answers to our situation. 

To give you an example, they did give us the one-time monies in 

the situations that we addressed earlier, over the last year, and 

they also sent up their representative out of Albuquerque, who just 

happened to come up during another funeral and had firsthand experience as to what we have been encountering on the reservation. 

He did attend that funeral and the Captain was sharing this 

with me earlier, and I will pass it on to you. The gentleman, Mr. 

Armstrong, our chief of police, had taken him out to various locations of gang hangouts, and while he was at one of those, taking 

in one of those spots, he was taking pictures of the graffiti on the 

walls and was encountered by some gang members. So he immediately jumped in his car and booked out of there rather quickly. 

So, yes, they have been responsive. Again, to the extent that 

their resources do allow them. 

Mr. FALEOMAVAEGA. Has the Puyallup Tribal Council specifically 

identified this as a very serious issue, as far as gang membership 

within the youth organization, within the council? I mean, how 

many juveniles are you referring to? 

Ms. HARGROVE. On our reservation, again there are approximately 32,000 Indian people that live on the Puyallup Reservation. 

Of that, approximately 20,000 are below the age of 24. And, yes, 

the Puyallup Tribal Council does take this very seriously. 

Mr. FALEOMAVAEGA. You mentioned earlier this is an urban tribal organization, but you do have a reservation in that respect? 

Ms. HARGROVE. That is correct. Again, two-thirds of the city of 

Tacoma is located on our reservation. Our reservation encompasses 

1,800 acres. 

Mr. FALEOMAVAEGA. Are you receiving any assistance from the 

State and county levels of government by way of the expertise that 

is available in the State resources? 

Ms. HARGROVE. Maybe I can have our chief of police respond to 

that one. 

Mr. LADUCER. Yes, we work very well with the other municipalities in Tacoma and Pierce County. We have had joint training with 

them also. We meet weekly with them on the gang issues and for, 
97 

as I said, identification of new gang members or new affiliates that 

come into the area. 

It is definitely an ongoing problem. The Puyallup Tribe has done 

their best in assisting the community, not just within the community but the community in general in trying to combat this problem. It is just overwhelming. 

Mr. FALEOMAVAEGA. Is the Puyallup Tribe the largest tribe in 

the State of Washington, by way of population? 

Ms. HARGROVE. As far as the--

Mr. FALEOMAVAEGA. Numbers. 

Ms. HARGROVE. The services we provide, yes. 

Mr. FALEOMAVAEGA. The numbers. Is your tribe the largest in 

the State ofWashin~n? 

Ms. HARGROVE. Tribal members, no. We are a smaller tribe. We 

have 1,800 tribal members, but, again, provide services for all Indians in the area. 

Mr. FALEOMAVAEGA. I see. 

Mr. Manatowa, you indicated in the State of Oklahoma there are 

40 other tribes plus represented in the State. Do you consider this 

facility that you have suggested, that the services can also be made 

available to other tribes? 

Mr. MANATOWA. Yes, sir, Mr. Chairman. We sent out information 

to the other tribes giving them the information on our center and 

asking them to reply to us. I would like to let Gina proceed here 

a little bit with the comments because she has been directly involved in this. 

Ms. TYNER-DAWSON. Mr. Chairman, we have requested some 

form of intent on the part of the tribes and whether or not they 

want to utilize the facility. Information we sent out to all tribes in 

the State of Oklahoma, and 34 of those tribes have responded back 

to us in a_positive manner. So there are only six remaining tribes 

that have not indicated to us positively or negatively that they desire to use the facility that we propose to construct. 

Mr. FALEOMAVAEGA. The intent then, is to house how many juve- niles at this facility? 

Mr. MANATOWA. It is designed for, at this point, a 60-bed facility. 

I omitted earlier in saying this in my testimony. 

Mr. FALEOMAVAEGA. Well, I want to thank all of you for your testimonies this morning. Again, the record will be open for two weeks 

if you want to provide tlie committee with additional information 

or materials for our review. Thank you very much. 

We do have for our last panel, Mr. Wyman Babby, the Acting 

Deputy Commissioner of Indian Affairs and accompanied by Mr. 

Theodore Quasula, the Chief, Division of Law Enforcement; Mr. 

Jerry Schwiegert of the Office of Construction Management; Dr. Johanna Clevenger, the Chief of the Branch of Alcohol and Substance 

Abuse Program, Indian Health Service, accompanied by Mr. Tom 

Crow, Chief of the Branch of Environmental Health, Division of 

Environmental Health, Office of Environmental Health and Engineering, and Dr. Craig Vanderwagen, Director of Division of Clinical and Preventive Services. 

Welcome to the hearing this morning and we will have Mr. 

Babby start our testimonies. 

Mr. Babby. 
98 

PANEL CONSISTING OF WYMAN BABBY, ACTING DEPUTY COMMISSIONER OF INDIAN AFFAIRS, BUREAU OF INDIAN AFFAIRS, U.S. DEPARTMENT OF THE INTERIOR, ACCOMPANIED 

BY THEODORE R. QUASULA, CHIEF, DMSION OF LAW ENFORCEMENT, AND JERRY SCHWIEGERT, OFFICE OF CONSTRUCTION MANAGEMENT; AND DR. JOHANNA CLEVENGER, 

CHIEF, BRANCH OF ALCOHOL AND SUBSTANCE ABUSE PROGRAM, INDIAN HEALm SERVICE, U.S. DEPARTMENT OF 

HEALm AND HUMAN SERVICES, ACCOMPANIED BY TOM 

CROW, CHIEF, BRANCH OF ENVIRONMENTAL HEALm, DMSION OF ENVIRONMENTAL HEALTH, OFFICE OF ENVIRONMENTAL HEALm AND ENGINEERING, AND CRAIG 

VANDERWAGEN, DIRECTOR, DMSION OF CLINICAL AND 

PREVENTIVE SERVICES 

STATEMENT OF WYMAN BABBY 

Mr. BABBY. Good morning, Mr. Chairman, and members of the 

committee. I am pleased to be here to discuss juvenile detention facility construction, o_peration, and other related issues. I have with 

me today, Mr. Ted Quasula, Chief of our Division of Law Enforcement and Mr. Jerry Schwiegert, who is representing Mr. Oscar 

Mueller, the Acting Director, Office of Construction Management in 

the Department. They will assist me in responding to any technical 

questions the committee may have. 

The Division of Law Enforcement is responsible for detention operations and program planning for new facilities. The Office of Construction Management is responsible for construction and fiscal 

planning. The Bureau of Indian Affairs' [BIA] Facilities Management and Construction Center in Albuquerque is involved with 

planning, design and construction and repair of BIA detention facilities. 

I will begin by providing a general background on detention services on the Indian lands we serve. We have 67 detention facilities, 

of which 41 are BIA owned, and the remainder are owned by the 

tribes. Together, the BIA and the tribes have 1,846 beds available. 

Indian reservations, without detention facilities, contract with local 

counties or cities for jail space. Contract costs vary from about $25 

to over $100 per day. 

At some locations, because there are no facilities either on the 

reservation or nearby off-reservation; juveniles simply are not arrested or incarcerated. Most youth offenders are arrested for alcohol-related crimes. There are times when juveniles are violent and 

combative, particularly when under the influence of alcohol or 

drugs. They are housed in adult detention facilities separate from 

adult inmates. These custody holdings are brief and usually a last 

resort and sometimes at the request of family members who cannot 

control the juvenile. Placing juveniles in the same cell space with 

adults is strictly prohibited. 

We have only six facilities totally devoted to juvenile detention 

on Indian lands, with a total of 87 beds. Tribal judges are frustrated that there are no facilities to hold and control repeat juvenile offenders. Many juvenile offenders know there is little or no 

chance of being incarcerated for violating tribal ordinances. Tribal 
99 

judges have gone the limit in exercising alternatives to incarceration. 

Most existing detention facilities are 20 to 30 years old and do 

not meet many standards for accreditation or current building 

codes. In fact, most of the facilities are in such poor condition that 

they need total replacement. Most facilities have far out-lived their 

life cycle, tend to be run down, and are severely overcrowded, especially on weekends. 

Some facilities are merely holding facilities, without program 

services such as onsite health care, education, substance abuse, 

work release or recreation programs. Tribal judges have ordered 

some facilities to be closed and others to be repaired. 

Many of the tribal facilities were built by the former Law Enforcement Assistance Administration under the Department of Justice in the early 1970s. Historically, in the BIA, detention facility 

needs have had to compete with school construction. The BIA has 

prioritized the latter under a formal application procedure. We believe it is important to say out front that our capability to provide 

detention services, either for adults or juveniles, has not met the 

demand. 

Detention facilities are extremely expensive to build and to operate. A conservative estimate is $2 million to $10 million per facility 

to build and about $700,000 to $1.5 million to operate annually. 

As provided for under the Indian Alcohol and Substance Abuse 

Prevention and Treatment Act, Public Law 99-570, the BIA published a Federal Register notice ranking applications for juvenile 

detention facilities for Indian youth. Forty-six applications were received and ranked. The Division of Law Enforcement, Office of 

Construction Management, Office of Facilities Management, Indian 

Health Service [IHS] and the National Indian Justice Center participated in the ranking. Criteria for ranking included service population, existing detention resources and youth crime rate. To date, 

only the number one ranked project for the Cheyenne River Sioux 

Tribe is near completion. . The most recent detention facility built is at the Fort Peck Indian Reservation. It began operation in July 1993. This facility was 

in the planning stage before the new juvenile detention facility priority listing was developed. 

It is not feasible to build each of the 46 tribal applicants a separate facility. Since it takes so long to plan and build a facility, we 

have decided to focus on the top ten applicants. As stated, only the 

Cheyenne River Sioux project is nearing completion. The nine other 

projects are in various phases of planning, design and construction. 

In the fiscal year 1994 budget to Congress, we have included $2 

million for detention facility repair as a separate line item. Operational costs of new facilities also were budgeted. 

We believe it is appropriate at this point to discuss the Cheyenne 

River facility, named after the late Walter Miner, Sr., for his many 

years of public service to the tribe. This facility was planned and 

designed with complete tribal input. A partnership was formed at 

the beginning involving many program officials, the Indian Health 

Service and BIA. A new generation facility which focuses on rehabilitation was constructed. Alcohol abuse weighed heavily on the 

type of construction for the facility. 
100 

The operations program includes social detoxification. Through a 

formal Memorandum of Agreement between IHS and BIA, IHS has 

agreed to provide health care resources at the facility, while BIA 

will provide funds for operations. We applaud tribal leadership and 

program managers for their efforts to reduce alcohol abuse and 

consider their efforts very promising. Other tribal leaders have already expressed interest in securing a similar facility which is 

needed at their locations. We believe it is time to stop building high 

security facilities and to concentrate on secure rehabilitation centers. 

On a more positive note, we want to share some efforts by the 

Division of Law Enforcement to improve detention operations in 

BIA and tribal detention facilities. 

We have established and filled two detention specialist positions 

to provide technical expertise and training to BIA and tribal law 

enforcement and detention personnel. They also. serve as program 

experts for new detention facility planning, design and construction, and conduct reviews and inspections of field detention programs. 

In order to keep abreast of the latest issues on detention, the 

BIA, at the headquarters level, has become associated with experts 

in the detention services field. We have worked closely with the Department of Justice's National Institute of Corrections and the Office of Juvenile Justice Delinquency Prevention. Both offices have 

actively provided expertise in planning, design, operation and 

training for both adult and juvenile detention facilities. The Chief 

of the Division of Law Enforcement Services serves on the National 

Sheriffs' Association Corrections and Detention Committee. 

We have developed new standards for BIA and tribal adult and 

juvenile detention, community residential, and holding facilities. 

These standards will be published in Title 25 of the Code of Federal Regulations. They will provide uniform guidelines for facilities 

and program operations. The standards will also serve as a basis 

for developing policy, procedural manuals, and for providing training. These policies and procedures will enable Indian country detention centers to be professionally operated. 

We have adopted a new process for new detention facilities entitled Planning of New Institutions (PONI). The PONI program is 

taken from the National Institute of Corrections (NIC) with some 

modifications to meet Indian country detention needs. It is a participative process consisting of six steps: application, validation, 

programming, design, transition and construction. This process will 

be published just before the top ten juvenile facility projects are 

completed and it will be used for future priority projects. We also plan to publish a new process in the CFR for, ranking 

detention facility construction and repair projects, similar to the recently published proposed rule for Indian education facilities. We 

have already held public tribal consultation sessions. We believe a 

notice is important so that all tribes are made aware of the basis 

for new construction and repair. The proposal provides an opportunity for tribes and tribal organizations to apply for facilities construction projects which are new starts, major expansions, major 

replacements, improvements and repairs, facility component re-
101 

placement, and additions and expansions of federally owned, leased 

or contracted law enforcement facilities. 

The criteria for rating and prioritizing projects will be based on: 

one, the extent of the law enforcement problem; two, the alternative detention facilities; three, the support for the detention facilities by involved entities; four, the population served; fifth, the 

regional or joint use projects; sixth, the identification of pending 

court mandates; and, finally, the detention standards and building 

codes compliance. Training for detention officers has been increased. The BIA provides law enforcement and detention training at the Indian Police 

Academy, located at the Federal Law Enforcement Training Center 

in Artesia, New Mexico. The many liability issues involved with detention facilities and operations required that we expand the training course from two to four weeks. Current standards mandate 

both tribal and BIA detention officers to satisfactorily complete the 

training course. In addition, we have formed a group of experts, including tribal and BIA personnel in charge of detention facilities, 

to help us develop a supervisory detention officer course. The 

course will be introduced this fiscal year. 

Further, the BIA has a formal agreement with IHS for detention 

facility inspections. Annually, the Division of Environmental 

Health Services, IHS, inspects tribal and BIA detention facilities, 

then provides reports of deficiencies. Unfortunately, there are 

many reports reflecting poor facility conditions and reports involving faulty structural conditions. Sometimes, these deficiencies can 

be properly addressed within available resources. 

Detention facility records-keeping is conducted manually. This 

makes it very difficult to gather timely and accurate statistics on 

a nationwide basis. The Division of Law Enforcement has been 

working hard to develop a nationwide automated law enforcement 

management information system. This new system is about 50 percent complete and the target date. for full implementation is fiscal 

year 1996. 

This system will allow BIA and tribal law enforcement to be a 

part of the annual Federal Bureau of Investigation crime report as 

required by Subtitle I of Public Law 100-690, the Uniform Federal 

Crime Reporting Act of 1988. We have planned and designed the 

new automated system to include detention records. This will ensure better data on detention facilities. In February 1992, the Division of Law Enforcement joined the 

University of Colorado, Health Science Center, National Center for 

American Indian and Alaska Native Health Research, Suicide in 

Jails Advisory Committee. The committee is coordinating a study 

on the incidence and characteristics of suicides and suicidal behavior among Indian jail detainees. From the study, the meaning of 

suicidal behavior among American Indians will be better understood, which will lead to prevention strategies and intervention 

programs. . Finally, we would like to present two issues that require legislative action. The first has to do with specific congressional authority 

to the BIA to repair or renovate tribally owned detention facilities. 

Many tribes have requested that the BIA repair or renovate tribally owned detention facilities. Absent specific congressional lan-
102 

guage, it is the BIA and OCM position that only BIA-owned detention facilities are eligible for improvement and repair through 

funds from the FMCC facilities improvement and repair construction program. Many tribes do not have adequate resources to maintain their facilities; therefore, considerable facility deterioration affecting safety exists. 

Second, we believe we must bring to the attention of this committee the issue of young Indian offenders who commit serious federal 

offenses, particularly sexual abuse involving other children. United 

States Attorneys have denied prosecution, saying that the federal 

system does not have juvenile offender detention facilities. Consequently, these cases may be tried in tribal courts, where we know 

for sure there are limited or no detention, rehabilitation or treatment services. We strongly urge the United States Bureau of Prisons provide detention/rehabilitation capability for these young offenders that commit serious federal offenses. 

I would like to emphasize that the Justice Department and the 

BIA are most interested in working with this committee and other 

government agencies to address the lack of juvenile detention and 

rehabilitation facilities and services on many Indian reservations. 

This concludes my prepared statement. I will be happy to answer 

any questions the committee may have. 

Mr. FALEOMAVAEGA. Thank you, Mr. Babby. [Prepared statement of Mr. Babby follows:] 
103 

STATEMENT OF MR. WYMAN BABBY, ACTING DEPUTY COMMISSIONER OF 

INDIAN AFFAIRS 1 BUREAU OF INDIAN AFFAIRS 1 DEPARTMENT OF THE 

INTERIOR, AT THE OVERSIGHT HEARING BEFORE THE COMMITTEE ON 

NATURAL RESOURCES, SUBCOMMITTEE ON NATIVE AMERICAN AFFAIRS 1 ON 

THE CONSTRUCTION AND OPERATION OF INDIAN JUVENILE DETENTION 

FACILITIES. 

November 8, 1993 

Good morning, Mr. Chairman and Members of the Committee. I 

am pleased to be here to discuss juvenile detention 

facilities construction, operation and other related issues. 

I have with me today, Mr. Ted Quasula, Chief, Division of 

Law Enforcement (DLE) and Mr. Oscar Mueller, Acting 

Director, Office of Construction Management (OCM). They 

will assist me in responding to any technical questions the 

Committee may have. 

The DLE is responsible for detention operations and program 

planning for new facilities. OCM is responsible for 

construction and fiscal planning. The Bureau of Indian 

Affairs (BIA) Facilities Management and Construction Center 

(FMCC) in Albuquerque, is involved with planning, design, 

and construction and repair of BIA detention facilities. 

I will begin by providing a general background on detention 

services on the Indian lands we serve. We have 67 detention 

facilities of which 41 are BIA owned and the remainder are 

owned by tribes. Together, the BIA and the tribes have 

1, 846 beds available. Indian reservations, without 

detention facilities, contract with local counties or cities 

for jail space. Contract costs vary from about $25 to over 

$100 per day. 

At some locations, because there are no facilities either on 

the reservation or nearby off-reservation, juveniles simply 

are not arrested nor incarcerated. Most youth offenders 

are arrested for alcohol related offenses. There are times 
104 

when juveniles are violent and combative, particularly when 

under the influence of alcohol or drugs. They are housed in 

adult detention facilities separate from adult inmates. 

These custody holdings are brief and usually a last resort, 

and sometimes, at the request of family members who cannot 

control the juvenile. Placing juveniles in the same cell 

space with adults is strictly prohibited. 

We have only six facilities totally devoted to juvenile 

detention on Indian lands with a total of 87 beds. Tribal 

judges are frustrated that there are no facilities to hold 

and control repeat juvenile offenders. Many juvenile 

offenders know there is little or no chance of being 

incarcerated for violating tribal ordinances. Tribal judges 

have gone the limit in exercising alternatives to 

incarceration. 

Most existing detention facilities are 20 to 30 years old 

and do not meet many standards for accreditation or current 

building codes. In fact, most of the facilities are in such 

poor condition that they need total replacement. Most 

facilities have far outlived their life cycle, tend to be 

run down, and are severely overcrowded especially on 

weekends. Some facilities are mere holding facilities 

without program services such as onsite health care, 

education, substance abuse, work release or recreation 

programs. Tribal judges have ordered some facilities to be 

closed and others to be repaired. 

Many of the tribal facilities were built by the former Law 

Enforcement Assistance Administration under the Department 

of Justice (DOJ) in the early 1970's. Historically, in the 

BIA, detention facility needs have had to compete with 

school construction. The BIA has prioritized the latter 

under a formal application procedure. 
105 

s 

We believe it is important to say out front that our 

capability to provide detention services, either for adults 

or juveniles has not met the demand. 

are extremely expensive to build 

conservative estimate is $2 million 

facility to build and about $700,000 

operate annually. 

Detention facilities 

and operate. A 

to $10 million per 

to $1.5 million to 

As provi ded for under the Indian Alcohol and Substance Abuse 

Prevention and Treatment Act (Pub. Law 99-570), the BIA 

published a Federal Register Notice (VOL. 53, NO . 133, July 

12, i988) ranking applications for juvenile detention 

facilities for Indian youth. Forty-six applications were 

received and ranked. The OLE, OCM, FMCC, Indian Health 

Service (IHS) and the National Indian Justice Center 

participated in the ranking. Criteria for ranking included 

service population, existing detention resources and youth 

crime rate. To date, only the number one ranked project for 

the Cheyenne River Sioux Tribe is near completion. The most 

recent detention facility built is at the Fort Peck Indian 

Reservation. It began operations in July 1993. This 

facility was in the planning stage before the new juvenile 

detention facility priority listing was developed. 

It is not feasible to build each of the 46 tribal applicants 

a separate facili ty. Since it takes so long to plan and 

build a facility, we have decided to focus on the top ten 

applicants. As stated, only the Cheyenne River Sioux 

project is nearing completion. The nine other projects are 

in various pha~es of planning, design, and construction. 

In the FY 1994 budget to Congress, we have included $2 

million for detention facility 

item. Operational costs of 

budgeted. 

repair as a separate line 

new facilities also were 
106 

4 

We believe it is appropriate at this point to discuss the 

Cheyenne River facility, named after the late Walter Miner, 

Sr. , for his many years of public service to the tribe. 

This facility was planned and designed with complete tribal 

input. A partnership was formed at the beginning involving 

many program officials, IHS, and BIA. A new generation 

facility which focuses on rehabilitation was constructed. 

Alcohol abuse weighed heavily on the type of construction 

for the facility. 

The operations program includes social detoxification. 

Through a formal Memorandum of Agreement between IHS and 

BIA, IHS has agreed to provid~ health care resources at the 

facility, while BIA will provide funds for operations. We 

applaud tribal leadership and program managers for their 

efforts to reduce alcohol abuse and consider their efforts 

very promising. Other tribal leaders have already expressed 

interest in securing a similar facility which is needed at 

their locations. 

high security 

We believe it is time to stop building 

facilities and to concentrate on secure 

rehabilitation centers. 

On a more positive note, we want to share some efforts by 

the DLE to improve detention operations in BIA and tribal 

detention facilities. 

We have established and filled two detention specialist 

positions to provide technical expertise and training to BIA 

and tribal law enforcement and detention personnel. They 

also serve as program experts for new detention facility 

planning, design and construction, and conduct reviews and 

inspections of field detention programs. 

In order to keep abreast of the latest issues on 

the BIA at the headquarters level, has become 

with expe~ts in the detention services field. 

detention, 

associated 

We have 
107 

s 

worked closely with 

Corrections (NCI) and 

Delinquency Prevention. 

the 

the 

DOJ' 5 National Institute of 

Office of Juvenile Justice 

Both offices have actively provided 

expertise to our planning, design, operation and 

both adult and juvenile detention facilities. 

DLE, serves on the National Sheriffs' 

Corrections & Detention Committee. 

training on 

The Chief, 

Association 

We have developed new standards for BIA and tribal adult and 

juvenile detention, community residential, and holding 

facilities. These standards will be published in Title 25, 

Code of Federal Regulations. They will provide uniform 

guidelines for facilities and program operations. The 

standards will also serve as a basis for developing policy, 

procedural manuals and for providing training. These 

policies and procedures will enable Indian country detention 

centers to be professionally operated. 

We have adopted a new process for new detention facilities 

entitled "Planning of New Institutions" (PONI). The PONI 

program is taken from the NIC with some modifications to 

meet Indian country detention needs. It is a participative 

process consisting of six steps: application, validation, 

programming, design, transition, and construction. This 

process will be published just before the top 10 juvenile 

facility projects are completed and it will be used for 

future priority projects. 

We also plan to publish a new process in 25 CFR for ranking 

detention facility construction and repair projects, similar 

to the recently published proposed rule for Indian education 

facilities. We have already held public tribal consultation 

sessions. We believe a notice is important so that all 

tribes are made aware of the basis for new construction and 

repair. The proposal provides an opportunity for tribes and 

tribal organizations to apply for facilities construction 
108 

• 

projects which are new starts, major expansions, major 

replacements, improvement and repairs, facility component 

replacement, and additions and expansions of federally 

owned, leased, or contracted law enforcement facilities. 

The criteria for rating and prioritizing projects will be 

based on (1) the extent of the law enforcement problem, (2) 

the alternative detention facilities, (3) the support for 

detention facilities by involved entities, (4) the 

population served, (5) the regional or joint use projects, 

(6) the identification of pending court mandates, and (7) 

the detention standards and building codes compliance. 

Training for detention officers has been increased. The BIA 

provides law enforcement 

Indian Police Academy, 

and detention training at 

located at the Federal 

the 

Law 

Enforcement Training Center in Artesia, New Mexico . The 

many liability issues involved with detention facilities and 

operations require that we expand the training course from 

two to four weeks. Current standards mandate both tribal 

and BIA detention officers to satisfactorily complete the 

training course. In addition, we have formed a group of 

experts, including tribal and BIA personnel in charge of 

detention facilities to help us develop a supervisory 

detention officer course. The course will be introduced 

this fiscal year. 

Further, the BIA has a formal agreement with IHS for 

detention facility inspections. Annually, the Division of 

Environmental Health Services, IHS, inspects tribal and BIA 

detention facilities then provides reports of deficiencies. 

Unfortunately, there are many reports reflecting poor 

facility conditions and reports involving faulty structural 

conditions. Sometimes, these deficiencies can be properly 

addressed within available resources. 
109 

Detention facility records keeping is conducted manually. 

This makes it very difficult to gather timely and accurate 

statistics on a nationwide basis. The OLE has been working 

hard to develop a nationwide automated law enforcement 

management information system. This new system is about 50 

percent complete and the target date for full implementation 

is FY 1996. This system will allow BIA and tribal law 

enforcement to be a part of the annual Federal Bureau of 

Investigation crime report as required by Subtitle I, of 

Pub. L. 100-690, the "Uniform Federal Crime Reporting Act of 

1988". We have planned and designed the new automated 

system to include detention records. This will ensure 

better data on detention facilities. 

In February 1992, the OLE joined the University of Colorado, 

Health Science Center, National Center for American Indian 

and Alaska Native Health Research, Suicide in Jails Advisory 

Committee. The committee is coorainating a study on the 

incidence and characteristics of suicides and suicidal 

behavior among American Indian jail detainees. From the 

study the meaning of suicidal behavior among American 

Indians will be better understood which will lead to 

prevention strategies and intervention programs. 

Finally, we would like to present two issues that require 

legislative action. The first has to do with specific 

congressional authority to the BIA to repair or renovate 

tribally owned detention facilities. Many tribes have 

requested that the BIA repair or renovate tribally owned 

detention facilities. Absent specific congressional 

language, it is the BIA and OCM position that only BIA owned 

detention facilities are eligible for improvement and repair 

through funds from the FMCC Facilities Improvement and 

Repair construction program. Many tribes do not have 

adequate resources to maintain their facilities, therefore, 

considerable facility deterioration affecting safety exist. 
110 

• 

We believe we must bring to the attention of this Committee 

the issue of young Indian offenders who commit serious 

Federal offenses, particularly sexual abuse involving other 

children. United States Attorneys have denied prosecution 

saying that the Federal system does not have juvenile 

offender detention facilities. Consequently, these cases 

may be tried in tribal courts, where we know for sure there 

are limited or no detention, rehabilitation or treatment 

services. We strongly urge the United States Bureau of 

Prisons provide detention/rehabilitation capability for 

those young offenders that commit serious Federal offenses. 

I would like to emphasize that the Department and the BIA 

are most interested in working with this Committee and other 

agencies to address the lack of juvenile detention and 

rehabilitation facilities and services on many Indian 

reservations. 

This concludes my prepared statement. I will be happy to 

answer any questions the· Committee may have. 
111 

Mr. FALEOMAVAEGA. Like to tum now to Dr. Clevenger for her 

testimony and, without objection, both of your statements will be 

made a part of the record. 

Dr. Clevenger. 

STATEMENT OF DR. JOHANNA CLEVENGER 

Dr. CLEVENGER. Thank you. My name is Dr. Johanna Clevenger. 

I assumed my position with the Indian Health Service of Chief of 

the Alcoholism and Substance Abuse Program branch in May of 

this year. I have with me Dr. Craig Vanderwagen, who is the Director of the Division of Clinical Preventive Services within the Office of Health Programs, and Mr. Tom Crow, Chief of the Environmental Health Branch, Division of Environmental Health at the 

Office of Environmental Health and Engineering. The Indian Health Service involvement with the Bureau of Indian Affairs in the juvenile detention centers is focused on two programmatic areas, the facilities and the clinical health services. 

First, the Indian Health Service Office of Environmental Health 

and Engineering provides the consultation and technical assistance 

that Mr. Babby has just remarked on. This is done in accordance 

with the Memorandum of Understanding between the Bureau of 

Indian Affairs and the Public Health Service concerning respective functions in the field of environmental sanitation, which is dated 

March 23, 1956. 

As Mr. Babby has stated, the Environmental Health Services 

staff will be available to conduct comprehensive environmental 

health surveys and food service surveys for the detention centers. 

I will leave for the record the summary of our involvement with 

the Bureau of Indian Affairs and several endeavors and focus instead on two very brief areas. 

First, I want to commend what we have heard this morning in 

terms of leadership from tribes, because I do think our role in the 

Indian Health Service is to provide the technical consultation for 

them to do what they do best, which is, I think, to look at their 

needs and coordinate the efforts in education, in law enforcement, 

in health delivery and alcoholism treatment, and in other issues 

that they are addressing. Within the Indian Health Service branch, alcoholism and substance abuse, we are looking at a more comprehensive and more 

complex approach to the treatment of alcoholism. No longer can we 

just focus on the alcoholic or the person with the disease or the alcoholism, nor just on that one person's rehabilitation. We really 

must look at that person as host, the agent-alcohol or drugs-but 

most importantly, on the environment. 

The environment would include the family, the community, the 

richness of resources within that community as far as spiritual aspects of their life is concerned. This comprehensive approach, I 

think, underlines the requirements for an accessible network of 

services along a continuum of care. 

From how I see things as a clinician, a detention experience for 

a young person can be the entrance to treatment into recovery. So 

in that aspect, it is a very key part of our getting services in this 

very, very important area. Part of our documentation will also underline the prevalence of alcohol in the kids who are in juvenile de-
112 

tention centers as well as the adults in the adult centers, but we 

are talking about juvenile detention centers here this morning. 

I also would like to emphasize that a multidisciplinary approach 

is quite important; that in alcohol rehabilitation we do not act sole-. ly on a person who has that one problem, but often many other 

problems, and so mental health services are very important for us 

to do a good job. 

In summary, the IHS is committed to providing services along a 

continuum of care for individuals and families. We believe that continued coordination will improve the level of services and decrease 

the risk that services are duplicated or omitted. The ability to work 

with detention centers and the entire law enforcement and judicial 

systems provides new opportunities for earlier alcohol and substance abuse intervention, and this is a critical part of the overall 

public health strategy to address alcohol and substance abuse prob- lems. 

Thank you for the opportunity to speak and I will be happy to 

answer any questions. 

Mr. FALEOMAVAEGA. Thank you, Dr. Clevenger. [Prepared statement of Dr. Clevenger follows:] 
113 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

STATEMENT OF 

DR. JOHANNA CLEVENGER, CHIEF 

OFFICE OF ALCOHOL AND SUBSTANCE ABUSE BRANCH 

DIVISION OF CLINICAL AND PREVENTIVE SERVICES 

INDIAN HEALTH SERVICE 

BEFORE THE 

SUBCOMMITTEE ON NATIVE AMERICAN AFFAIRS 

HOUSE COMMITTEE ON NATURAL RESOURCES 

November 8, 1993 
114 

Good morning, Mr. Chairman. My name is Or. Johanna Clevenger. I 

assumed the position of the Indian Health Service (IHS) 

Alcoholism and Substance Abuse Program Branch Chief this past 

May. I am accompanied by Or. Craig Vanderwagen, Director, 

Division of Clinical and Preventive Services and Mr. Tom Crow, 

Chief of Environmental Health Branch, Division of Environmental 

Health of the Office of Environmental Health and Engineering. 

The IHS involvement with the Bureau of Indian Affairs (BIA) 

Juvenile Detention Centers is focused in two programmatic areas: 

facilities and clinical. 

First, the IHS Office of Environmental Health and Engineering 

provides consultation and technical assistance to the Bureau of 

Indian Affairs regarding environmental health aspects of 

government owned facilities in accordance with the "Memorandum of 

Understanding Between the Bureau of Indian Affairs and the Public 

Health Service Concerning Respective Functions in the Field of 

Environmental Sanitation, (dated March 23, 1956). The 

Environmental Health Services staff will be available to conduct 

Comprehensive Environmental Health Surveys and food service 

surveys for the detention centers. 

Second, the IHS, in partnership with tribes, is developing a 

public health approach to addressing alcoholism and substance 

abuse. This requires the development of a network of accessible 

1 
115 

s e rvices along a continuum of care. The detention center is a 

facility which will regularly interface with these prevention and 

treatment services for individuals and families impacted by 

alcohol and substance abuse. Relevant IHS clinical services will 

be described later in the testimony. 

The IHS Alcoholism and Substance Abuse Program Branch, located 

within the Division of Clinical and Preventive Services, Office 

of Health Programs . The IHS is responsibl e for providing a 

comprehensive program of prevention and treatment services to 

American Indians and Alaska Natives. The majority of services 

are delivered by tribes through Indian Self-Determination 

contracts. Additional contracts are let with other American 

Indian/Alaska Native organizations. The Branch currently 

provides administrative support and technical assistance to 

approximately 400 contracts and IHS service unit based programs. 

I would now like to present to the Committee specifics of the IHS 

involvement with detention centers. The IHS had limited 

involvement during the early phase of solicitation and selection 

of detention center sites as the BIA initiated the detention 

centers program authorized by Congress. The IHS did however, 

participate in a workgroup that developed Draft Juvenile 

Detention Center Standards in the late 1980's and which was later 

reconvened in 1992 . 

2 
116 

In 1992 the BIA convened a workgroup of BIA and tribal staff 

involved with the first group of detention centers scheduled to 

be open. The IHS Alcoholism and Substance Abuse and Mental 

Health Programs both participated in this meeting. The 

Alcoholism and Substance Abuse Program Headquarters and Area 

staff have worked closely with staff of the Cheyenne River Tribe 

of South Dakota and Fort Peck Tribe of Montana, on the 

development of these two centers. Tribally managed Alcoholism 

and Substance Abuse services exist at both sites and programs to 

are being designed to support a social detoxification function 

within the detention centers. Services will include provisions 

for emergency medical assessment, alcohol/substance abuse 

assessment, referral and, when appropriate, pre - treatment. 

The Conference Report for the 1989 Appropriations requested that 

a joint report be prepared by the BIA, IHS and Office of 

Construction Management, (OCM) Department of Interior on efforts 

which was to include the provision of detoxification services in 

detention centers. The Report on Comprehensive 

Detention/Treatment Centers submitted to Congress in March 1990 

described the need for appropriate clinical staff to address the 

needs of Indian detainees. The report identified detoxification 

servi~es appropriate for a detention facility relying on a 

diversity of staff estimated to cost from $110,000 to $335,000. 

The IHS, in the 1990 report, also identified those social 

3 
117 

detoxification services needed for the Cheyenne River Tribe of 

South Dakota and other "new generation" detention facilities to 

be constructed. The current status of the social detoxification 

services will be described later in the testimony. Social 

detoxification provides for a short-term safe and supportive 

environment for alcohol and substance abuse withdrawal and 

linkages with community resources for assessment, referral and 

possible pretreatment services. Those demonstrating need for 

acute medical services are referred to the local emergency 

medical and hospital systems. Medical detoxification, if 

required, would occur within a hospital. 

In its Fiscal Year 1992 appropriation to the Indian Health 

Service, Congress identified $100,000 per detention facility to 

support the development of the social detoxification function at 

Eagle Butte and Fort Peck. In Fiscal Year 1993 these two 

projects were continued and an additional $100,000 apiece was 

identified from IHS funds to support their development. These 

funds have been used for the development of policies and 

procedures, and staff training. These funds will ultimately 

support three staff per center. 

I would now like to review current IHS detention center 

activities. The juvenile detention facility in Poplar opened 

August 20, 1993. Funds were transferred to the Fort Peck Tribe 

through Self-Determination contract to support three staff for 

4 
118 

the social detoxification function. There is currently one 

counselor on board with a social worker and nurse to be hired. 

Twenty juveniles have been served in the social detoxification 

component of the detention facility to date. IHS Service Unit 

and tribal agreements are being negotiated to assure emergency 

medical back-up services. Tribal detention officers have 

received cross-training in chemical dependency. 

The detention center in Eagle Butte is projected to open early in 

1994 including detoxification services for adults. Funds have 

similarly been transferred to the Cheyenne River Sioux Tribe to 

support three positions. Policies and procedures for the 

detoxification function are currently being developed. 

The next three detention centers scheduled to open include Chinle 

and Tuba City, Arizona and Pine Ridge, South Dakota. Local IHS 

service unit and IHS funded tribal alcohol program staff remain 

involved in committee meetings to plan a multi-disciplinary 

detention center. These centers are all at least one year away 

from opening. Based on FY 94 Conference action each site is 

projected to receive $100,000 to support their social 

detoxification development and training needs. 

A 1988 Survey of Indian Detention Facilities conducted by the 

National Academy of Public Administration found that the majority 

of juvenile inmates were jailed because of alcohol-related 

5 
119 

problems, and were often repeat offenders. Once the juveniles 

have been processed through the tribal court system and referred 

for assessment and treatment, the majority are expected to be 

served by existing tribal and IHS funded programs and by 

utilizing other public and private resources. 

I would now like to describe the IHS funded adolescent services 

which will routinely interface with the detention centers. 

The American Indian/Alaska Native Alcohol and Substance Abuse 

Prevention and Treatment Act of 1986 authorized 

community-based rehabilitation and aftercare programs and 

adolescent regional treatment centers for those youth needing 

alcohol and substance abuse care. Specific contract health 

services funds were further authorized in 1988 to support 

services from private/public residential treatment centers 

for those youth needing more intensive treatment. 

The IHS currently funds 8 adolescent regional treatment centers 

with a ninth center scheduled to open early in 1994. These 

centers are located in Sitka and Fairbanks, Alaska; Shiprock and 

Acoma, New Mexico; Keizer, Oregon; Spokane, Washington; 

Tahlequah, Oklahoma; Cherokee, North Carolina, a ninth center is 

scheduled to open in Sacaton, Arizona. Community rehabilitation 

and aftercare programs exist in all service - units with the 

majority of programs contracted to tribes. 

The IHS offers consultation to tribes to establish juvenile first 

6 
1~ 

offender programs which involve courts mandating family 

involvement in counseling and education sessions. 

The IHS is committed to providing services along a continuum of 

care for individuals and families. We believe that continued 

coordination will improve the level of services and decrease the 

risk that services are duplicated or omitted. The ability to 

work with detention centers and the entire law enforcement and 

judicial systems provides new opportunities for earlier 

alcohol/substance abuse intervention. This is a critical part of 

the part of the overall public health strategy to address alcohol 

and substance abuse. 

Thank you for the opportunity to present to you. I would be 

happy to answer any questions. 

7 
121 

Mr. FALEOMAVAEGA. Just a couple of questions. I never could get the proper number accurately, and maybe Mr. Babby could help 

me. 

I read some figures that we have a total population of about 1.2 

million Native Americans living in our country, and I see from 

other records 1.9 million. Can you reconcile these figures; tell us 

what the exact number of Native Americans are living in the U.S., 

as the Deputy High Commissioner of Native American Affairs? 

Mr. BABBY. Well, I know there are different numbers used. I 

think where I would come down this morning, hearing the two 

numbers that you recited, is to say that approximately 1.5 million 

would be a good figure. 

Mr. FALEOMAVAEGA. So we will take the middle road, then, rather than taking the extremes. 

You indicated earlier in your testimony that the BIA currently has 67 detention facilities and 41 at least currently operated and 

owned by the BIA. You also indicated that you have now on record 

46 applications for additional detention facilities according to your 

list of priorities. Do I gather that these are the 46 additional facilities that you intend to build in the coming years? 

Mr. BABBY. I am going to ask Mr. Quasula to comment on this 

for us. 

Mr. FALEOMAVAEGA. By all means. 

Mr. QUASULA. Thank you. We have a list that was developed back in 1988, specifically for juvenile detention facilities. Some of 

the 46 include locations that already have some sort of detention 

facility. I think it would be safe to say it is above and beyond the 

initial 41 that are BIA-owned and the remainder that are owned 

by tribes. 

Mr. FALEOMAVAEGA. Maybe I am not clear in my question. We 

currently have 41 BIA-owned; am I correct? 

Mr. QUASULA. That is correct. 

Mr. FALEOMAVAEGA. You now received on record an additional 46 

applications for 46 additional facilities? 

Mr. QUASULA. Yes. 

Mr. FALEOMAVAEGA. So that means you will have a total of over 

80, what, 87? 

Mr. QUASULA. Yes, if they were all built. 

Mr. FALEOMAVAEGA. Yes. How long do you think it will take the 

BIA to build the first ten BIA juvenile detention facilities on the 

priority list? 

Mr. QUASULA. It has been stated today that since this list was 

developed we have not opened the doors on one yet. Using that rationale, it would be quite a while. 

Mr. F ALEOMA v AEGA. Of the 46 applications-and I gather you review and screen-and do everything-what was the total number of 

applications that have been received? 

Mr. QUASULA. All that applied were listed so 46 would be the 

total. 

Mr. FALEOMAVAEGA. I see. It is not 2,000 applications and you 

have just put in 46 as a final number? 

Mr. QUASULA. No, sir. 

Mr. FALEOMAVAEGA. Okay. Your testimony discusses a training 

for tribal and BIA detention officers in this police academy that we 
122 

have in New Mexico, Mr. Babby. What is the involvement of that 

academy and how many police officers do we produce a year out of 

this facility? 

Mr. QUASULA. If I may answer the question: the Indian Police 

Academy is located with the Federal Law Enforcement Training 

Center, which is a part of the Department of Treasury's overall responsibility for training Federal law enforcement officers, aside 

from the FBI and the Drug Enforcement Administration. 

We have a staff of seven trainers out there in conjunction with 

whatever the Federal Law Enforcement Training Center provides. 

We have numerous training programs. Every day, I should say the 

entire calendar year, is taken up with some sort of training program. Except for the week between Christmas and New Year's 

Day, we have basic police training; we have advanced police officer 

training; we have firearms training, including detention officer 

training. 

Mr. FALEOMAVAEGA. You say the total number of both police officers and detention officers going through the police academy per 

year. For example, this year, how many have come through the facility for training purposes? 

Mr. QUASULA. I could not tell you off the top of my head. 

Mr. F ALEOMA v AEGA. Can you place that in the record, as part of 

the record? 

Mr. QUASULA. Yes, we will. 

[Editor's note.-This information was not received at the time of 

printing.] 

Mr. FALEOMAVAEGA. You have heard of Governor-Elect Thomas' 

concern about the inordinate problems and delays, not just delays 

in the fact we build the facilities but then that the BIA drops the 

ball without providing the necessary resources. Has there been a 

change in that policy or are we still on the continuum of this problem of building a facility and just leaving the tribe hang without 

giving them the resources or the manpower, or is it because of lack 

of authority with the BIA? 

Mr. QUASULA. I am personally familiar with that dilemma that 

the Governor pointed out. From my experience out in the field, 

with the new facilities we are planning, at least for the top ten, we 

have allocated the dollars to make sure that there is a proper transition, of moving funds for construction as well as providing adequate funds to operate the facilities thereafter. It is not a case 

where we are building a facility and letting it sit while we decide 

where we are going to get the money to operate it. 

Mr. FALEOMAVAEGA. In our review of the 1993 inventory of BIA 

detention programs, there is not one BIA facility with a teacher, a 

social worker, a counselor or a staff. How does the BIA plan to implement a rehab program for juveniles without the appropriate 

stafl? 

Mr. QUASULA. Well, there certainly needs to be some policy 

changes in-house. You did hear the Indian Health Service testify 

that a partnership is being formed in-house. We have discussed 

with the education folks that just because the child is out of the 

classroom that does not relieve them of their education responsibility for in-custody children. 
123 

Mr. FALEOMAVAEGA. Do we have assurances from the BIA we 

will not take five years on average to complete and design the 

PONI process; have we made improvements in the process of construction? 

Mr. BABBY. I would like to ask Mr. Schwiegert from the Office 

of Construction Management to comment on that . . Mr. FALEOMAVAEGA. Please. 

Mr. SCHWIEGERT. Going back in history, let me explain one of the 

reasons, or some of the reasons why we did have a long delay. When the legislation was passed, in 1987, we had not built a jail 

or a juvenile detention center for almost 15 years. As a result, we 

had to try to catch up. There was a new philosophy, both in planning and design, that we had to implement in the BIA. We had to 

develop standards which we did not have. We were dealing with a 

638 self-determination process, and we had to look at the holistic 

approach for using the PONI program for planning. We also were 

not familiar with cost estimates and a lot of the other criteria that 

we subsequently developed with other legal organizations; law enforcement organizations. 

We think that we are, at this point, down the road far enough 

so that we can expedite the process substantially in the future. We 

still have a long way to go. When we go into an initial program, 

we need validation, planning, and design which may take at least 

several years, in most cases. 

Mr. FALEOMAVAEGA. All right. We are not talking five years. You 

mentioned five years. What I am saying is, generally, planning and 

design will take at least 18 months. Two years. Would you perhaps fault the Congress for not giving the BIA 

proper authorization to see that we do not get into a bureaucratic 

maze in trying to get these facilities going'! Do you consider perhaps it is the fault of the Congress for not looking after this program? Or maybe another way, would it be safe for me to say the 

Bureau of Indian Affairs does not have a comprehensive program addressing this very serious issue, detention facilities and the juvenile delinquency problems affecting Native American youths? 

Mr. BABBY. My reaction to the question goes something like this: 

Until the last two to three years, we have not had an effective response to this developing problem. 

Mr. FALEOMAVAEGA. From the Congress? 

Mr. BABBY. I believe we all have to share in this. We have not 

had the resources and, for that matter, still do not have the resources to be able to respond to events as they develop in the Indian community, as we heard this morning. 

We are talking about large sums of money. The processes themselves have been slow and we acknowledge that. We would admit 

that they have been slow in coming together, but my view is that 

in the last two to three years a great deal of progress has been 

made. 

I came from a location in the field where we completed the construction of a juvenile detention center. We did not complete that 

project without a commitment of total dedication on the part of the 

tribe. It is quite likely that without the tribal presence-the pressure that was exerted by the tribe-that it would not have become 

a reality even over the long period that it did take. However, it did 
124 

come together, and I would like to pick up on some comments that 

were made by Dr. Clevenger. 

With that facility finally becoming a reality, the IHS and the BIA 

have been able to work together, join together, in support of the 

tribe's effort to make that program work the way the tribe wanted 

it to work. In our case, it involved a public school district, and we 

have involved the school district along with IHS resources, and the 

resources of the BIA which means that we have the medical-clinical 

staffs involved, as well as our social work and juvenile services capabilities from the BIA side, working together with the education 

staffs in the schools. 

Mr. FALEOMAVAEGA. What is the total budget allocation that both 

the BIA and the IHS has been allotted to address this issue of juvenile delinquency, the youth detention facilities, the whole works? 

Has there been any estimates given on that? Can you provide that 

for the record, Mr. Babby and Dr. Clevenger? 

Mr. BABBY. Yes, we will respond. 

[Editor's note.-This information was not received at the time of 

printing.] 

Mr. FALEOMAVAEGA. I am just curious on that. I want to see if 

it is not just a money question here but I am also curious what 

sense of priorities that both the Congress and the Administration 

is giving to this issue. 

Mr. BABBY. May I ask for clarification on the question again, 

now, sir, so we make sure we understand it? 

Mr. FALEOMAVAEGA. Yes. We have a budget allocation, I think 

annually, of almost $2 billion provided for the needs of Native 

Americans, and I wanted to know what your total money allocation 

given to address the very issues that we have discussed this morning, on not just the facilities but as well as the whole question of 

juvenile delinquency involving Native Americans. 

I do have a couple of questions for Dr. Clevenger, but am I clear 

on that question, Mr. Babby? 

Mr. BABBY. Yes, sir, thank you. 

Mr. FALEOMAVAEGA. I appreciate it. 

It has been reported to the committee that Indian Health Services' facilities have refused to accept from detention facilities juveniles who are suicidal. Can you comment on this, Dr. Clevenger? 

Is there any truth to this report? 

Dr. CLEVENGER. I am not sure that I can comment from much 

of a perspective. I can supply that for the record. 

Mr. FALEOMAVAEGA. Could you, please? 

Dr. CLEVENGER. Yes. 

Mr. FALEOMAVAEGA. I would appreciate it. 

[Editor's note.-This information was not received at the time of 

printing.] 

Mr. FALEOMAVAEGA. I am very happy to meet you, Dr. Clevenger, 

as the Chief of the Alcohol and Substance Abuse Program. If this 

is not one area that is dear to my heart, I think it strikes at the 

very core and the heart and soul of the Native American communities throughout the U.S. and as to exactly what kind of priority 

this Administration is placing on the alcohol abuse/substance abuse 

program. 
125 

I think this has a direct linkage to the very things that we are 

discussing about juvenile delinquency and the problems with the 

families and the home conditions of not only our reservation Indians but also our urban Indians. I think this is very important and 

I would just like to assure you that you will certainly be hearing 

more from me on this issue and, hopefully, we will be working together to see if we can address directly some of these issues and 

problems that have been identified. 

There was a question about whether or not the Indian Health 

Service provides a social detoxification program. Does IHS provide 

you funds for every juvenile detention facility for this detoxification 

program? 

Dr. CLEVENGER. We have been instructed to allot $100,000 for 

each detention center, and as more come on line, those funds will 

be allocated. They are primarily to fund three staff positions, fairly 

specialized staff, but also have been used, up to this point, in terms 

of training and also to get together the policies and procedures. So 

that the funds have been there and they will be for future facilities 

as they open. 

Mr. FALEOMAVAEGA. Mr. Babby, is there any intention on the 

part of our new Assistant Secretary, Ada Deer, to initiate any sort 

of a program, or comprehensive program, at least in this Administration, to address this very problem of juvenile delinquency and 

the gangs and the whole gamut of what we have discussed this 

morning? 

Is there any movement in the Administration that we see some 

kind of a program; or if the current program is now ongoing, are 

we going to make it more comprehensive or is it just going to carry 

on the way it is now? 

Mr. BABBY. The only way I have of answering at the moment is 

to indicate to you the Assistant Secretary's concern in wanting to 

do something of a significant nature; something to which people will stand up and pay attention. 

To get it started, she has directed that we will undertake a comprehensive demonstration and model effort at the Pine Ridge Reservation in South Dakota. What we will be doing there is trying to 

bring together all of the resources available in all of the agencies 

that might, in one way or another, be affected. 

The idea that she has is that through a concentrated effort, focused on the kinds of needs that we are talking about here this 

morning, the needs of young people and the communities themselves, that we can learn by working with a tribal government how 

to organize ourselves to effectively address these issues. 

Mr. FALEOMAVAEGA. Can you convey this message to Assistant 

Secretary Deer; that there are members of the committee that are 

very, very keenly interested in this problem and dealing with this? 

You mentioned the Pine Ridge Reservation. A couple of years ago 

I went to Gallup, New Mexico. And as far as addressing the question of alcohol abuse and substance abuse, this is one area, too, 

that is very, very serious. Not orily among Navajos but probably serious among all the tribes. And I just want to know if the Assistant 

Secretary is keen on this and if there are any current plans or proposals coming from the BIA to address these issues? 

75-507 0 - 94 - 5 
126 

I would like to think that the Congress should not be the only institution to initiate some of these programs, and I am very hopeful that with the new leadership that we now have in the BIA, and 

I am very confident that Assistant Secretary Deer is very sensitive 

to these problems, we are very hopeful that maybe this is one of 

the things that we should address seriously and see if we can find 

some of the solutions to the problems that have been raised this 

morning. 

I want to thank both of you. I want to thank all the members 

that have testified, and the committee hearing is now officially adjourned. 

[Whereupon, at 12:20 p.m., the subcommittee was adjourned.] 
APPENDIX 

NOVEMBER 8, 1993 

ADDITIONAL MATERIAL SUBMITTED FOR THE HEARING RECORD 

NAVAJO NATION WASHINGTON OFFICE 

un 17!111 amar. N.W.. IVftW • 

..aNOIOif. D.C.-

WRITTEN TESTIMONY OF THE NAVAJO NATION 

ON INDIAN JUVENILE DETENTION FACILITIES 

BEFORE THE 

---

PaeaDIILa _,.... 

SUBCOMMITTEE ON NATIVE AMERICAN AFFAIRS 

OF THE 

HOUSE COMMITTEE ON NATURAL RESOURCES 

(127) 
128 

WRITTEN TESTIMONY OF THE NAVAJO NATION 

ON INDIAN JUVENILE DETENTION FACILITIES 

BEFORE THE 

SUBCOMMITTEE ON NATIVE AMERICAN AFFAIRS 

OF THE 

HOUSE COMMITTEE ON NATURAL RESOURCES 

November 19, 1993 

The Navajo Nation appreciates the opportunity to provide written testimony 

to the Subcommittee concerning the construction and operation of Indian juvenile 

detention facilities. The Navajo Nation is currently experiencing a significant rise in 

juvenile criminal activity and is concerned about the deficient amount of juvenile 

detention facilities within the Navajo Nation and the lack of available rehabilitative 

services. Because the Navajo Nation considers its youth its greatest resource, the 

Navajo Nation views this hearing as a positive step toward addressing the 

inadequate number of rehabilitative services for delinquent youth. 

THE NAVAJO NATION 

The Navajo Nation is the largest Indian tribe in the United States with a 

citizenship of over 219,198 enrolled members. The Navajo Nation constitutes 

more than 13 percent of all United States Indians. Our lands are located within the 

states of Arizona, New Mexico and Utah and are comparable in size to the state of 

West Virginia and constitute 36 percent of all Indian lands in the lower-48 states. 
129 

According to the 1990 Census, approximately half of the Navajo people 

residing on or near the Navajo reservation are below the age of 21, and the 

P.opulation rate is growing twice the national rate. Approximately 56 percent of 

Navajo families live below the poveny level as compared to 13 percent for the 

entire United States. The unemployment rate varies from 36 percent to more than 

50 percent, depending on the season; as a result, the Navajo Nation is grossly 

affected by problems associated with a seriously depressed economy. 

Youth violence is dramatically and steadily increasing on the Navajo Nation. 

A recent session of the Navajo Nation Council focused on youth and family 

violence where many Council members and community members discussed the 

prevalence of youth offenses and heightened sense of fear in many Navajo 

communities. It is even more apparent to Council members and community 

members that juvenile offenses such as juvenile physical confrontations, disorderly 

behavior, destruction of proper1y and vandalism are alcohol-related. 

THE JUDICIAL PERSPECTIVE ON JUVENILE OFFENSES AND JUVENILE 

DETENTION FACILITIES 

The Navajo Nation is a sovereign nation with a three branch government: 

executive, judicial and legislative. The Navajo Nation Judicial System consists of 

the following courts : Family Couns, District Trial Courts, a Supreme Cour1 and the 

Peacemaker Court. All juvenile offenses are subject to the jurisdiction of the 

Navajo Nation Family Court and Family Court judges have very limited options in 

sentencing juveniles to detention facilities. There is only one juvenile detention 

facility located on the Navajo Nation which has fourteen beds to serve the entire 

2 
130 

Navajo juvenile detention population. Further, the Navajo Nation does not have 

access to state detention facilities to place Navajo juvenile offenders; however, in 

1993, the state of New Mexico enacted legislation to allow the state to treat Indian 

youths adjudicated in tribal courts, but this law has not yet been implemented. 

Because of the Navajo Nation juvenile detention facility shortage, only a few 

very serious juvenile offenders are jailed. Many other serious offenders are sent 

back to their communities either after bOoking, or in some cases, without formal 

booking due to lack of staff and resources. As a result, many juveniles who 

commit serious criminal offenses are released without any charges filed against 

them or, they are released back into their communities without appearing before 

the Family Court judge. As a result, only a few juvenile offenders serve jail 

sentences. 

If a serious offender is charged for an offense, the offender is assigned to 

one of six tribal juvenile probation officers who are unable to provide the best 

support services to the juvenile because of their lack of resources and the limited 

staff available. The average monthly case load of the six tribal juvenile probation 

officers is 400 cases; although, over 3,200 juvenile criminal arrests were recorded 

in 1991, 1992 and from January to October in 1993 (see exhibit Al. Tribal judges 

are not intentionally dismissing criminal juvenile cases, there simply are not enough 

facilities to confine the offenders. This year, the Na·tajo Nation courts only 

reported 1,300 juvenile cases, even though over 3,200 juveniles were arrested for 

various offenses (see exhibit Bl. As a result, oyer two-thirds of all Nayajo juyenjles 

3 
131 

arrested are released and returned' to their communities without formally appearing 

before the Family Court judge and benefit of rehabilitation or treatment. 

THE NAVAJO NATION'S TOHATCHI YOUTH DETENTION CENTER 

The Navajo Nation owns and operates one fourteen-bed juvenile detention 

facility, the Tohatchi Youth Detention Center. This facility is located within the 

eastern portion of the Navajo Nation in Tohatchi, New Mexico and was established 

in 1986 in response to a Consent Decree entered into by the Navajo Nation in 

January, 1985 (Allen v. Henderson, et al., WR-CV-85 (1985)). The decree ordered 

that no juvenile under the age of eighteen could lawfully be confined in any jail 

facility administered by the Navajo Nation which is intended to house adult 

prisoners. Prior to the establishment of the Tohatchi Youth Detention Center, 

arrested juveniles were placed in over-crowded tribal adult detention facilities. 

Juveniles were housed in separate cells, but were within visible and audible 

distance of adult inmates. The Consent Decree also required the Navajo Nation to 

plan and construct a juvenile detention facility on the Navajo Nation. 

The Tohatchi Youth Detention Center serves the Navajo Nation's ~ 

juvenile detention population and is funded through P. L. 93-638 (Indian SelfDetermination Act). The Center's total FY 1994 operating budget is $122,800 and 

is managed by a six-member staff, consisting of one Detention Supervisor and five 

Detention Officers. Currently, the Center receives regular, periodic inspections by 

the United States Public Health Service/Indian Health Service (IHS), Office of 

Environmental Health; Navajo Nation Division of Health, Office of Environmental 

4 
132 

Health; and, the Navajo Nation Division of Public Safety to ensure national safety, 

fire and health codes are met. 

At present, the Tohatchi Youth Detention Center only offers secure custody 

for the protection of the juvenile or the community, usually for 48 to 72 hours. 

This type of system is not designed to rehabilitate the juvenile. Rather, it is a 

system designed simply to detain individuals and it falls short of meeting the 

Navajo Nation's needs, given the large number of juvenile arrests. 

The goal of the Tohatchi Youth Detention Center is to provide a safe and 

secure environment for juveniles while meeting their nutritional, emotional, 

recreational and hygienic needs. Unfortunately, comprehensive treatment 

programs, particularly rehabilitation and educational programs, are not entirely 

available at the Center. 

The Tohatchi Youth Detention Center does not have educational facilities or 

a sufficient amount of educational materials available for the juveniles. During the 

school year, no mechanism is established to allow juveniles to attend classes at the 

local schools, nor is any educational instruction conducted in the center. School 

work may be provided in coordination with a few schools, but usually homework is 

furnished by parents or guardians. In addition, access to educational material and 

instruction is not available for those juveniles detained in the Center who attend 

schools located in Arizona and Utah. 

As for medical services provided to the detained juveniles, emergency 

medical services are furnished by the Indian Health Service at the Gallup Indian 

5 
133 

Hospital in Gallup, New Mexico, approximately thirty miles from Tohatchi. Also, 

detention center staff are certified in cardiopulmonary resuscitation (CPR) and 

attend first aid training on a regular basis. 

The only "standard" counseling provided to the juveniles is conducted by a 

local Catholic nun who visits the facility on a volunteer basis. She conducts group 

discussions on stress management and makes herself available for individual 

counseling sessions when necessary. Social workers from the Navajo Nation 

Division of Social Services attempt to be available for counseling once the juveniles 

are released, but their case load is already at a maximum. 

Also, comprehensive rehabilitative programs are not available in the Center. 

Substance and alcohol abuse counseling, psychological and behavioral assessment 

and treatment are not available on site. However, the Navajo Nation Division of 

Social Services may refer juveniles to off-reservation treatment programs and 

services. But, if a juvenile is recommended to an off-reservation treatment 

program, many Navajo families cannot pay for the high cost of the treatment 

programs nor meet the costs incurred in traveling the long distance--1 00 to 200 

miles--between the off-reservation facilities and the homes of the juvenile. 

Since most juveniles placed in the Tohatchi Youth Detention Center have 

committed serious offenses, the Navajo Nation must offer treatment programs to 

detained juveniles to combat youth violence. The Navajo Nation would like to 

create comprehensive rehabilitative systems for its existing facility so that it is not 

used primarily for the incarceration of "troubled youth. • 

6 
134 

NAVAJO NATION ADOLESCENT ALCOHOL/SUBSTANCE ABUSE TREATMENT 

CENTERS 

The Navajo Nation has three in-patient adolescent alcohol/substance abuse 

treatment centers that only provide intensive in-patient counseling and they are not 

equipped to serve juveniles who need to be incarcerated for criminal offenses. 

Foyr Corners Regional Molescent Treatment Center 

This center is located in Shiprock, New Mexico. Most adolescents are 

referred to this center by school counselors, teachers, probation officers or family 

members. This center serves sixteen males and eight females who are between 

the ages of twelve to nineteen. Treatment programs are provided to juveniles for 

30 to 90 days. The Navajo Behavioral Health Board, Inc. subcontracts the 

operation of the center from the Navajo Nation. 

Youth and Family loterventjon Center. Inc. 

This center is located in Crownpoint, New Mexico. It is a seven-bed center 

which serves 12 to 24 year-old American Indian males. This center provides 

counseling services to chemically dependent youth for a 6 to 12 month period. 

Independent, family and group counseling sessions are provided to juveniles during 

their stay in the center. The Youth and Family Intervention Center, Inc. 

subcontracts the operation of the center from the Navajo Nation. 

Twin Trails Adolescent Treatment Ceoter 

This center is located in Chinle, Arizona. It is a seven-bed center which 

serves 13 ·to 18 year-old American Indian males. The facility is managed by the 

Department of Behavioral Health of the Navajo Nation Division of Health and it 

7 
135 

provides a variety of counseling services. Patient referrals are made by schools, 

local law enforcement officials and family members; although, some individuals 

enter the facility on their own. Treatment programs are designed for 90 days. 

P. L. 99-570 FUNDING FOR THE BUILDING OF JUVENILE DETENTION FACILITIES 

IN INDIAN COUNTRY 

In 1987, Congress passed the Omnibus Drug and Alcohol Act of 1986 (P.L. 

99-570). Among other provisions, this Act provided a total of $30 million for the 

construction or renovation of juvenile detention facilities in Indian Country. These 

funds were made available to Indian tribes through the Division of Law 

Enforcement Services of the Bureau of Indian Affairs (BIA). The BIA's Division of 

Law Enforcement Services and Facilities Management and Construction Center 

utilized a strategic planning approach entitled "Planning of New Institutions" {PONI) 

to prioritize and determine which Indian tribes were in most need of juvenile 

detention facilities. The Navajo Nation was placed high on the list for the 

necessary establishment of juvenile detention facilities on our reservation. 

Phase I - Construction 

In 1988, the Navajo Nation Division of Public Safety prepared and submitted 

five PONI applications for the construction of juvenile detention facilities and two 

PONI applications for the renovation of juvenile detention facilities to the BIA. 

During this same application year, the Navajo Nation understands that the BIA 

received forty-seven PONI applications from various Indian tribes who need to 

construct juvenile detention facilities on their reservations. The Navajo Nation's five 

applications for construction were rated in the top ten, and its two applications for 

8 
136 

renovation were rated in the top twenty; hence, the BIA acknowledged the Navajo 

Nation's need for construction and renovation of juvenile detention facilities on the 

Navajo reservation. 

On September 30, 1992, the Navajo Nation received $213,000 from the BIA 

to conduct all preliminary administrative tasks and monitor the progress of 

construction for the Navajo Nation's juvenile detention facility projects in Chinle 

and Tuba City, Arizona. For FY 1994 and FY 1995, the BIA has provided an 

additional $240,000 for a total of $453,000 in operational costs. 

As of October 1993, the Tuba City and Chinle projects completed the 

Validation Study Phase, Pre-Architectural Programming Phase and Design Phase. 

Currently both are in the Project Organization Phase. Upon completion of the 

Project Organization Phase, each project will begin the Construction Phase which is 

expected to begin within 8 to 10 months. 

The Navajo Nation Division of Public Safety negotiated professional services 

contracts with the Western Navajo Nation Juvenile Services Coordinating Council, 

Inc. and the Central Navajo Youth Council, Inc. to coordinate and oversee the 

transition before. during and after the Construction Phase of each project. Both of 

these councils are responsible for the following: transition management; facility 

construction; hiring of personnel; orientation and training of staff; development of 

facility program; community relations; acquisition of office furniture and equipment; 

and development of facility policy and procedure. 

9 
137 

Phase II - Rehabilitative Program Development 

The principal goal of each facility is the successful reintegration of the 

juvenile into the community, family and school system through comprehensive 

rehabilitative programs and post-detention care. To achieve this goal, the Central 

Navajo Youth Council, Inc. and the Western Navajo Nation Juvenile Services 

Coordinating Council, Inc. plan to incorporate Navajo healing and traditional 

counseling techniques in their rehabilitative program with assistance from Navajo 

elders and leaders. The rehabilitation programs will be designed within the 

framework of the principles of the Navajo Nation's Peacemaker Court. 1 

By incorporating Navajo traditional healing concepts into the rehabilitative 

programs and services, the Navajo Nation and the Councils believe Navajo juveniles 

can be successfully reintegrated into the community. Most off-reservation 

rehabilitation programs do not provide traditional healing concepts in their 

rehabilitative programs and services; therefore, it is important that the Navajo 

Nation's juvenile detention facilities provide Navajo traditional healing for the 

juveniles detained in its facilities. 

Phase Ill - Chinle and Tuba City Projects 

Chinle Project 

The Chinle Youth Detention Facility will detain thirty males, sixteen females 

'Unlike the modern legal system, the Peacemaker court is a system of court-annexed mediation 

and arbitration using the traditional Navajo institutions of family, clan, community and traditional 

leaders who are selected on the basis of wisdom, community stature and ability to solve problems. 

The Peacemaker is a persuasive community leader who applies Navajo values to solve problems. 

Varying types of cases are referred to the Peacemaker Courts. including juvenile offenses. 

10 
138 

and four wspecial management" detainees. The facility will include a classroom, 

dining room, medical examination room, counseling room, recreational facilities 

including a gymnasium, and will employ twenty-seven juvenile correction officers, 

three administrative personnel, five support staff, one physicians assistant, two 

counselors, two social workers and two educators. 

The Central Navajo Youth Council, Inc. has invited participation of the BIA, 

IHS, and the Navajo Nation in the development of procedures and policies for the 

Chinle facility. Representatives from each department's Division of Social Services, 

Behavioral Health, Primary Care, Mental Health, Public Schools, Education and 

Training, Public Safety will collaborate to create and establish alcohol and 

substance abuse treatment programs and encourage community involvement in the 

facility's rehabilitative programs. 

Tuba City Project 

The Tuba City Youth Detention Facility will detain twenty-four males, eight 

females, and four "special management" detainees. The proposed permanent 

staffing includes one detention supervisor, thirteen correctional counselors, one 

substance abuse counselor, ~>ne physician's assistant, one educator, one 

administrative assistant and one juvenile services program coordinator. 

To date, the Western Navajo Juvenile Services Coordinating Council, Inc. has 

considered the planning, development, implementation and management phases of 

the proposed facility, and is currently planning rehabilitation programs. The 

rehabilitative programs are designed ( 1 I to place juveniles in a safe, comfortable 

11 
139 

environment conducive to rehabilitation; (2) to educate and encourage parents of 

juveniles to participate in the rehabilitative process; and, (3) to develop innovative 

and progressive rehabilitative techniques to educate the juveniles of the 

consequences of their behavior. 

RECOMMENDATIONS 

As a result of the lack of juvenile detention facilities and the rise in juvenile 

criminal offenses, the Navajo Nation makes the following recommendations: 

(1) Memorandums of Agreements need to be established between the Navajo 

Nation, BIA, IHS and local community organizations to clarify and coordinate 

roles and responsibilities in rehabilitating juvenile offenders placed in 

detention facilities and commit their resources in this effort; 

(2) the detention facilities need sufficient amounts of funding to provide 

comprehensive rehabilitative services and programs for the detained 

juveniles; 

(3) Navajo juveniles, as state citizens, should be allowed free access to all 

state treatment facilities in Arizona, New Mexico and Utah, including mental 

health facilities; 

(4) increase funding for additional court juvenile probation officers and field 

workers to assist with high case loads, and; 

(5) the BIA should identify the interrelated components of managing juvenile 

and adult detention facilities (maintenance, staffing, etc.). 

If sufficient funding is provided for the juvenile detention facilities, the Navajo 

12 
140 

Nation can ensure successful operation of all detention facilities. 

SUMMARY 

The Navajo Nation believes that juveniles placed in youth detention facilities 

should receive comprehensive rehabilitative treatment. Cultural-based programs in 

the facilities should be designed to educate the community, family and individual 

about the consequences of juvenile delinquency. The facility should provide 

education on drug and alcohol abuse to juveniles so that they are aware of the ill 

effects on their health, families and community. 

With the limited resources and centers currently available, the Navajo Nation 

is working hard to upgrade and improve its juvenile detention facility shortage and 

rehabilitative system. BIA grant monies allocated for construction and development 

of juvenile detention facilities are only the beginning of this effort. The Navajo 

Nation will need additional amounts of funding to provide comprehensive 

rehabilitative programs for its youth detained in detention facilities . 

The Navajo Nation will continue to be responsible and accountable in its 

management of juvenile detention facilities; however, even the most accountable 

and responsible governments cannot satisfy the needs of its people without 

adequate resources. The Navajo Nation looks forward to continue working with 

this Subcommittee to accomplish these goals. 

13 
141 

NavaJo Department of Law Enforcement EXHIBIT A 

Planning and Evaluation Section 

NAVAJO CRIMINAL JUSTICE INFOAMAnoN SYSTEM 

Print-out date: 10-28-93 Jan-Oct 

Felony Offenses, Part I 1 9 9 3 

Male Female 

Assault 

"Firearm 3 0 8 0 0 0 

"Hands,list,leet aggravated 10 3 19 1 2 0 

"Other dangerous weapon 29 0 21 3 17 4 

Burglary (Exceeding $2,000) 

"Forcible Entry 2 0 

Residence 19 2 33 2 11 

Non-Residence 13 0 6 0 3 0 

·unlawful Entry 

Residence 2 0 3 0 0 0 

Non·residence 3 0 4 0 0 0 

Larceny-Theft(exceedlngs:llOPO 

Pocket Picking 2 4 0 

• Purse Snatching 1 1 1 1 1 0 

• Shoplifting 99 42 63 20 33 13 

• From Motor Vehicle 0 5 0 4 0 

• Motor Vehicle Parts/Accessories 0 0 0 0 0 

• Bicycles 1 0 3 0 0 

• From Buildings 29 40 3 11 2 

• From Coin Operated Machine 2 0 0 0 0 

• All Other 11 2 11 8 1 

Motor Vehicle Theft 

• Passenger Car 0 0 Q 0 0 

• Pickup Truck 0 2 0 

Arson 

Single Occupant Residential 

• Inhabited 0 0 0 

Other Residential 

• Inhabited 0 3 0 0 0 

Community Public 

• Inhabited 0 0 0 0 

All Other Structural 

"Motor Vehicles 0 0 0 0 

Incest 0 0 0 0 0 

Kidnapping 0 0 0 0 

Page 1 
142 

Liquor uwa 5 8 90 22 60 24 

Liquor VIolations 83 40 16 8 

Narcotic or Drug uw 

• Manufacturing and/or Selling 0 0 0 

• Possession 7 0 24 4 9 0 

• Transporting 0 0 2 0 

Sub-Total 336 104 356 58 181 49 

XXXXXXXXXXXXXXXXXXXXXXXIXIJlXXXXXXIXXXXXXXXXXXXXIJlXXXXXXXXXXI.XXXXXX 

lllsdemNnor Offansas, Part II 

• Simple Assaults/Battery 112 17 108 35 93 19 

For gary & Counterfeiting 2 0 0 0 0 

Fraud 8 6 13 5 5 2 

Stolen Property 0 9 2 

Vandalism 108 18 146 11 78 10 

Weapons 18 0 21 0 25 3 

Sax Offenses 5 2 0 8 

Offan••• against Family/Child 6 7 8 9 6 4 

Driving Under Tha lnlluanca 65 12 57 9 48 13 

Disorderly Conduct 

• Breach Of the Peace 230 83 202 82 189 58 

• Beyond Control 3 14 4 10 4 6 

• Curfew 7 10 5 5 7 4 

Fir a 

Community Public 

• Uninhabited 0 0 0 0 

Storage 

• lnhabiled 0 0 0 0 0 

Proparty(Stolan/Damagad) 

•Non-Malicious 9 0 0 8 0 

Property (Not Stolen) 4 0 0 0 0 0 

Search & Rescue 0 0 0 0 0 

Page 2 
143 

Courts 

• Court Process Service 48 11 16 9 31 4 

All Othera,ncept trafflce 565 189 496 141 336 95 

Drunkenness 15 3 12 0 22 

Sub-Total 1206 373 1100 317 865 221 

GRAND TOTAL 2748 850 2556 692 1911 491 

TOTAL 1991 3598 

TOTAL 1992 3248 

TOTAL 1993 2402 

Page 3 
144 

EXHIBIT B. 

STATISTICS ON JUVENILE OFFENSES 

NAVAJO DEPARTMENT OF JUSTICE 

Delinquency 

• January- October 1993 
145 

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November 16, 1993 

The Honorable William Richardson 

Chairman 

:oi..:hn.•l ,j~u rsmc: 

Schonlnf T><ntisir~· 

The House Subcommittee on Native American Affairs 

1522 Longworth Bldg. 

Washington, D.C. 20515 

RE: American Indian Juvenile Detentions 

Dear Chairman Richardson: 

This letter is in response to a request for information of the 

National Center's activities, as well as perceived concerns and 

issues of the American Indian juvenile detention program. 

The National Center for American Indian and Alaska Native 

Mental Health Research is a federally funded research center 

dedicated to improving the mental health and well being of American 

Indians. The National Center has gathered a group of 

multidisciplinary mental health professionals, approximately half 

being Indian, who pursue an integrated program to accomplish these 

goals. In addition to our research activities, the National Center 

also is committed to training young Indian mental health 

researchers and employing tribal members who can serve as a 

resource to the local communities with which we work. The overall 

program focuses on a series of issues and concerns that spring from 

years of discussion with communities, state and federal agencies. 

One of the current developmental research interests is the 

assessment of psychiatric disorders among Indian jail detainees. 

Using a tiered approach, we believe that basic epidemiological 

work, which has never be done, must be completed before other work 

can proceed. We must know the extent of the problem, in this case, 

risk factors for delinquency, before designing preventive efforts 

to address said problem. over the last year, we have been working 

with the Bureau of Indian Affairs-Law Enforcement Services and 

three tribal law enforcement departments in assessing the 

feasibility of developing a rigorous scientific study of suicidal 

behav ior among Indian jail detainees. This has included the 

development of methods to characterize both the "Indian" jails and 

detainees they hold, protocols for site visits to the jails; pilot 

of these protoc ols on a small sample of the facilities; and the 

accessment of the feasibility of obtaining cooperation and 

accurate information concerning suicidal behavior, with special 

emphasis on the quality and completeness of available data . 
146 

Page Two 

November 16, 1993 

Much of this pilot work has been completed and, while suicidal 

behavior was the initial focus, our preliminary work has led to the 

conclusion that a more logical emphasis would be a description of 

the prevalence of alcohol problems and other mental disorders, 

including suicide, among these detainees. Actual documentation of 

suici dal behavior was not sufficient, and actual prevalence of 

suicides did not warrant continuation of a more scientific study 

using this mental health concern as our sole area of interest. 

However, the high prevalence of alcohol abuse and dependency among 

the detainee population was clearly indicated as a major management 

problem for the Indian facilities. over ninety percent of the 

inmates we interviewed were under the influence of alcohol during 

the incident for which they were charge~.and subsequently booked. 

we also are proposing to examine the extent to which these 

detai nees utilize local health and mental health services including 

future criminal justice contacts. Thus, this basic epidemiological 

study can inform later intervention programming and additional 

research. A grant proposal is currently being prepared for a 

February 1 submission to the National Institute of Alcohol Abuse 

and Alcoholism. Additionally, later this year, we are considering 

seeking money to gather baseline juvenile psychiatric disorder 

information for a longitudinal study of predictive and protective 

risk factors for later criminal activity and mental disorder. 

Our preliminary work has had an initial focus on adults. 

However, due to the limited juvenile facilities within Indian 

Country, we have witnessed juveniles being held within adult jail 

facilities. Numerous reports have shown that this is not best for 

either the juvenile or the jail: for example, adolescents kill 

themselves more frequently in adult jails than in juvenile 

detention facilities (Community Research Forum, 1980). From 

interviews conducted on different reservations, we found that 

delinquency management has become problematic. Not having a deterrent such as a juvenile detention facility has led to higher 

crime-related activity. Youth know that they will not be removed 

from family or placed in any kind of detention for their actions. 

The rate of delinquency among Indian adolescents is poo~ly substantiated in the literature. Delinquency is thought to be a large and growing problem and a part of the complicated interaction 

between substance abuse and school dropouts. What has been 

published indicates that delinquency among Indian youth is 

characterized by a preponderance of petty offenses and misdemanors 

often .related to substance abuse (Forslund & Meyers, 1974). We 

found similar profiles of youths detained within three reservation 

facilities: 15-16 years of age, arrested midnight to 8:00 a.m. on Saturday and Sunday. They are usually held less than 24 hours. 
Page Three 

November 16 , 1993 

147 

The majority of all offenses would be classified as nonviolent with 

substance abuse and curfew violations the common threads linking 

all sites. 

It is thought that Indian adolescents may have higher levels 

of serious mental health problems than the overall average with 

respect to several disorders including depression and suicide, 

anxiety and conduct disorder (Blum et al, 1992, OTA, 1990). We do not know how many of these youths present themselves to the 

criminal justice system. 

I have enclosed a copy of a draft of a paper that was 

presented in 1990 at a American Indian Adolescent suicidal Behavior 

Research Conference held in Colorado (Duclos, LeBeau, & Elias, in 

press}. The proceedings of this meeting currently are being 

published by the University of Colorado Press. This paper 

addressed the difficulties in gathering data within Indian Country 

pertaining to suicide and detained juveniles. I feel the points 

made can be generalized to any attempt to gather data within this 

setting. The difficulties we encountered were environmental and 

issue-specific in nature. Environmental issues identified 

included : limited documented historical data; rudimentary 

informaton systems; fragmented information; inadequate 

documentation; inaccurate recording; small juvenile detention 

populations relative to the adult populations; and non-uniformity 

among individual reservation systems. Issue-specific difficulties 

included: fragmented information between different agencies; no or 

limited documentation; no documentation of precursors; lack of 

training; different interdisciplinary jargon; and different 

cultural definitions of disorder. 

Not to be discouraged, we must continue to explore both on the 

institutional as well as the personal psychological level risk 

factors for these youths. We need to examine the extent to which 

psychiatric disorders including alcohol abuse and dependence is 

actually present among Indian juvenile offenders. We need to 

systematically characterize current service resources for these 

juveniles from intake, release, through aftercare. What protecti.ve 

and predictive factors come to light in the prevention of future 

psychiatric disorder and criminal behavior? Rigorous prevention 

and evaluative studies can then follow with the develop of 

culturally appropriate preventive risk assessment tools and treatment practices. How can we better manage, prevent and treat this behav ior within this unique setting? Can we develop model 

programs that we then can replicate in other Indian communities? 

The role of the jail within Indian communities is different 

than within non-Indian communities. The jail often serves as a 

primary care facility for residents that are suicidal, alcohol 
Page Four 

November 16, 1993 

148 

abusing, and mentally troubled with or without criminal charges. 

They are held for want of another facility for the protection of 

self and others. The facility is a very i mportant part, but most 

neglected among the local service system. They are staffed 

minimally, usually without adequate training . An Indian jail has 

a uniqueness that no other facility, on or off the reservation, can 

speak to. Whereas nationally there has been a trend away from the 

criminalization of alcohol problems, in many Indian communities, 

public drunknness remains a misdemeanor offense or a protective 

custody hold. Jails are used as public drunk tanks in which the 

detainee is retained until sober, then released with no treatment or referral, only to return the next time he or she drinks to excess. Juveniles as well as adults fall into these patterns. 

With the large numbers processed through this facility, it 

could become the critical initial point in screening and referral 

to appropriate treatment source,; both within and outside the 

facility . Programming could integrate currently fragmented, often 

duplicated services within these commun i ties in a more wholistic 

fashion, incorporating treatment and detainment. 

Even with all the identified problems, there is a uniqueness 

to these facilities that is evidenced in the caring attitude of the 

officers. Because of the close knit ties of the reservation, the 

officers and detainees are most often acquainted, and highly 

tolerant of each other. Many staff members are sensitive to the 

fact that most detainees are simply afflicted with the disease of 

alcohol dependence or alcohol abuse. The detainee in this 

condition knows the officer is there to prov ide a roof, bed, and 

food. Thus, the main function at these times is to permit alcohol 

abusers time to sober up, released within hours or days. 

Unfortunately, the cycle repeats itself. 

The implications of this revolving door treatment of alcohol 

problems are considerable, not only for the individuals, but also 

for the local service ecology. However, little improvement is 

possible until a greater understanding is acquired of the problems, 

needs, and services concerning alcohol dependence and abuse and 

other mental health problems among incarcerated Indians. 

The public health and policy implications are considerable at 

this point in time . As stated before, the field needs an empirical 

description of the extent to which detainees both adult and 

especially juvenile are suffering from alcohol disorders, as well 

as the comorbidi ty of alcohol with other disorders. Are these 

adolescents referred to appropriate treatment? We can only guess 

at the potentially immense burden these detainees could or do place 

on the local service ecologies. once answers like these are found 

then clos e work with Bureau of Indian Affairs (BIA) - Law 
Paqe Five 

November 16, 1993 

149 

Enforcement Services, Social Services, Alcohol Programs; IHS - Alcohol Treatment, Mental Health, Social services; and tribal 

programs and officials should be pursued in the development of 

policies surrounding the implications of the findings, both on local and national levels. 

The need for Indian juvenile psychaitric disorders information 

in detention settings is a highly pertinent topic. The timing 

could not be more perfect. Currently a number of tribes and the 

BIA are involved in detention planning, new innovative programs could be designed, adequately staffed, and implemented 

concentrating on the direct problems of the juvenile. As these 

projects are implemented and policy developed, the need for more information about the strategies to minimize risk becomes even more critical. This neglected institutional treatment setting will see massive changes within coming years either through litigation 

introduced over jail conditions and programs, or through proactive 

efforts on the national and local levels. Continued research not 

only will fill in gaps in the existing knowledge base affecting 

detentional policy, but also give rise to well-informed culturally- sensitive preventive programs targeted toward this specific at-risk 

population. 

Si~~~~ly, . 

L/Ued,..u~ Christine Wilson Duclos, MPH 

Project Director & Instructor 

Enclosure 

cc: Spero M. Manson, Ph.D . Director 

National Center 

Theodore R. Quasula 

Chief 

Bureau of Indian Affairs - Law Enforcement Services 
150 

References: 

Blum, R,W, Harmon, 8., Harris, L., Bergeisen, L., & Resnick, M.D. 

(1992). American Indian--Alaska Native youth health. Journal 

of the American Medical Association, ~. 1637 - 1644. 

Community Research Forum. (1980). An assessment of the national 

incidence of 1uyenile suicide in adult 1ails. lockups. and 

iuyenile detention centers. Report for the United States 

Department of Justice, Law Enforcement Assistance 

Administration, Office of Juvenile Justice and Delinquency 

Prevention. Washington, D.C.: U.S. Government Printing Office. 

Duclos,C.W., LeBeau, w., & Elias, G. (in press). American Indian 

adolescent suicidal behayior in detention environments: Cause 

for continued basic and applied research. Duclos, c.w. & 

Manson, S.M. (Editors) Calling From the Rim: Suicidal Behavior 

Among American Indian and Alaska Native Adolescents. The 

Journal of the National Center Monograph series. University 

Press of Colorado. Vol.4 No.4. 

Forslund, M.A., and Meyers, R.E. (1974). Delinquency among Wind 

River Indian Reservation youth. Criminology. ll(1):97-106. 

Office ot Technology Assessment. (1990). Indian adolescent mental ~. Congress of the United states. washington, D.c.:u.s. 

Government Printing Office. 
151 

DRAFT CQPX 

American Indian Adolescent suicidal Behavior in Detention 

BnviroJillleJlts: Cause for continued Basic and Applied Research 

Christine Wilson Duclos, MPH, Warren LeBeau, MS, & Gail Elias, MPA 

Currently In Press : Duclos, c.w. & Manson, S.M. (Editors) 

Calling From the Rim: Suicidal Behavior 

Among American Indian and Alaska Native 

Adolescents. The Journal of the National 

Center Monoqraph Series. University Press 

of Colorado. Vol.4 No.4. 

(Authors• Notes: The views expressed in this paper are the authors• 

and do not necessarily reflect those of the Bureau of •Indian 

Affairs, Law Enforcement services.) 
152 

Detention Envilonments 

1 

American Indian Adolescent Suicidal Behavior In Detention Environments: 

Cause for Continued Basic and Applied Research 

Christine Wilson Duclos, M.P.H., 

Warren LeBeau, M.S., and Gail Elias, M.P .A. 

Individuals in custody comprise a grour. at particularly high risk with respect to 

completed and attempted suicides. Completed suicides are among the most dramatic, 

tragic, and shocking events within the detention and correctional environment, 

especially when involving an adolescent. Suicidal behavior can be one of the most 

frustrating and embarrassing management problems of those who are held responsible 

for inmates';health, i.e., administration and direct line offiCers. The perception that 

Indians commit suicide frequently in correctional settings is common throughout Indian 

and non-lndi~n Country, but actual data is difficult to obtain. This paper begins to 

address issues concerning suicidal behavior among Indian adolescent detainees, the 

on-reservation detention environment, individual risk factors that have been associated 

with suicidal behavior, hindrances to collecting data within this environment. and 

recommendations tor continued basic and applied research in this uniQue treatment 

arena. 

Overview of the Detention Environment 

Most criminal justice institutions are of two types: jails or detention facilities. and 

prisons or correctional facilities. As of January 1, 1988, American Indians comprised 
153 

Detention Environments 

2 

2.9% of the state and federal inmate prison population, yet this ethnic group comprised 

only .6% of the general population - obviously an over-representation. National jail and 

juvenile detention data categorizes American Indian and Alaska Native by the term 

•other" in all published reference materiaL In addition, reservation-based data usually is 

not included within these national statistics at all, making it virtually impossible to 

compile Indian/Native specific detention statistics. Clearly, we can assume that this 

particular ethnic population is more significantly over-represented in these settings since 

this is the starting point in all felony and misdemeanor incarcerations for offenses, on 

and off the reservation. 

In the United States a total of 3,316 local jails1 were operating on June 30, 1988 

(U.S. Department of Justice, 1990a). In 1985, private and public juvenile detention and 

shelter facilities numbered 3,036 (U.S. Department of Justice, 1989). The jail is, with 

rare exception, the universal place of detention for untried prisoners (pretrial detainees), 

sentenced prisoners awaiting transfer, prisoners serving sentences, mentally ill persons, 

parole violators, troubled juveniles, "drunks drying out,· and occasionally key witnesses. 

Surveying jails administered by the city, township, or county, the Bureau of Justice 

Statistics found, as of June 30, 1988, that the nation's local jail population rose 54 

percent in five years to 343,569 (U.S. Department of Justice, 1990a). In 1988, jail 

admissions and releases numbered 19.5 million. Two-thirds to three-fourths of all 

convicted criminals serve their sentences in jails. Because of the large numbers 

processed through this system, it is apparent that the jail is the most important 

institution in the criminal justice hierarchy. However, it is often the most neglected. 

Treaties, federal laws, and court rulings over the years have created an 
154 

Detention Environments 

3 

assortment of jurisdiction over Indians who commit crimes against tribal, state or federal 

law - on or off the reservation. Thus, they can be detained in facilities that are 

operated by tribes, the Bureau of Indian Affairs (BIA), city, county, state, and federal 

authorities.

2 

There are approximately 1.4 million American Indians and Alaska Natives residing 

on a total of 53 million acres of land throughout the United States. Of the 304 federal 

Indian reservations (Bureau of Indian Affairs (BIA], 1988), 224 reservations provide 

some degree of law enforcement services to their members (BIA, 1990a). There are, 

however, only 72 detention facilities in existence today for the large number of federal 

reservations (BIA, 1990b). In the Department of Interior, the BIA is the responsible 

federal agency tor working with Indian tribal governments and Alaska Native village 

communities in a govemment-to-<Jovemment relationship. The BIA, thus. is the primary 

agent tor providing detention services to the reservations and villages. 

The BIA is a decentralized organization administering 84 agencies at the 

reservation level through 11 area offices.l These detention services holding both adult 

and juveniles are jails for misdemeanor offenders only. Tribal members charged with 

felonies within the boundaries of the reservation are usually moved quickly into the 

custody of other federal agencies at off-reservation locations. 

The majority of the 72 BIA or tribal detention facilities are small buildings. Most of 

these were built in the 1960s and 1970s with now-defunct Law Enforcement Assistance 

Administration funds. In most cases, these facilities house the police headquarters and 

tribal court, in addition to the jail. 

Overall, there are two disturbing charaderistics of reservation jails. First, it is 
155 

Detention Environments 

4 

thought that 95 to 99 percent of all Indian inmates, both adults and juveniles, are 

detained because of alcoholism or aloohoj.:related offenses (National Academy of Public 

Administration (NAPA), 1988). In addition, most of those detained are very well known 

to law enforcement officers as repeat offenders. When sober, inmates are rarely violent 

and seldom endanger citizens, detention staff, or each other. However, strong suicidal 

tendencies can accompany alcohol abuse (Rowan, 1988). For example, in the BIA 

detention facilities observed by the National Academy of Public Administration (NAPA) 

surveyors during the summer of 1988, detention officials reported in informal interviews 

that 14 inmates committed suicide during the past five years (NAPA, 1988). Also, from 

this evaluation, it was cited that in the larger facilities, attempted suicides seemed to 

occur as often as once a month. These findings were suggestive and need to be 

studied in a more rigorous fashion. 

Second, all 72 jails are poorly designed for the custody level that these inmates 

require (NAPA, 1988). This is especially crucial for inmates with strong suicidal 

tendencies accompanied by alcoholisrrvalcohol abuse. The jails are maximum security 

with linear/intermittent surveillance design. This design is generally rectangular. with 

cells arranged at right angles to the corridor. They are designed as high-security 

institutions with hardware, plumbing, and accommodations ordinarily associated with 

higher-risk jails and penal institutions. The maximum security design does not fend itself 

to correctional or rehabilitative programs.' Effective inmate supervision in jails of this 

design requires a staff complement beyond what seems to be presently available. The 

detention staff can only provide intermittent supervision by circulating around the cell 

blocks periodically. The detention officers must patrol to see into cells or housing areas. 
156 

Detention Environments 

5 

Once in a position to observe one cell, they are seldom able to observe others, thus, 

creating unsupervised situations. 

The critical variables that determine the severity of problems associated with these 

linear/intermittent surveillance jails are the frequency and thoroughness of patrols and 

the aggressiveness of inmates in multiple-occupancy cells. Once a problem is detected, 

help usually must be summoned to resolve it. .The interval between patrols is a 

management variable not easily controlled, given the factors of design and variance of 

behavior during any given patrol. Inmates have the intervals between patrols to attempt 

suicides, assault others, vandalize the facility, and escape. 

Usually, in these small Indian facilities, inmate supervision is accomplished by 

minimal staff. One or two officers plus the dispatcher are usually on duty until midnight. 

although in some facilities there are no detention officers, only a dispatcher/jailer. From 

midnight to 8 a.m., the dispatcher frequently is the sole supervisor of inmates. In these 

situations, the dispatcher is expected to make the rounds of cells every 30 minutes and 

also to attend to police radio dispatching duties. Obviously, the individual must spend 

more time dispatching than supervising inmates. 

It generally is reported that there is no evidence of abusive treatment of inmates 

by staff in Indian jails. On the contrary, an overly tolerant attitude appears to 

characterize the management of most facilities, e.g., inmates are not required to work 

and there is a lack of inmate discipline. Many staff members are sensitive to the fact 

that most inmates are simply afflicted with the disease of alcoholism or alcohol abuse 

(NAPA, 1988). Thus, the main function of reservation jails currently due to funding, 

staffing, and program development is to permit alcohol abusers time to sober up. They 
157 

Detention Environments 

6 

remain in the facility only long enough to become sober, or they may serve a brief 

sentence, depending on the local tribal court and the capacity of the jail. In any case, 

they are often released within hours or days and unfortunately, the cycle is likely to be 

soon repeated. 

Looking at overall daily population counts, lew juveniles in relation to adult 

numbers are incarcerated within these adult reservation facilities. This is probably due 

to three factors: (a) communities prefer not to lock up juveniles. (b) many jails, by their 

design, do not permit segregation of juveniles from adults, and (c) lack of appropriate 

facilities. 5 

It is obvious, that the present detention system operating within Indian country is 

severely handicapped and needs a great deal of relief to run more efficiently. However, 

to further complicate matters, as mentioned earlier, there are wide differences in how 

reservation jails are owned, managed, and staffed. Either the BIA or the tribe may own 

the facility, provide maintenance, or be responsible for law enforcement and detention 

functions. In those cases in which tribes assume responsibility for law enforcement, 

detention services, or maintenance functions. their programs are usually based on 

Public Law 93-638, "Indian Self Determination And Education Assistance Act," whereby 

tribes are reimbursed for performing normal BIA functions and responsibilities. Under 

P.L. 93-638, tribes can unilaterally decide those functions and services that they want 

to operate. This permits them to also turn functions back to the BIA when they so 

desire. Hence, the BIA operates in an environment in which they are held accountable 

to a degree which is in excess of their actual authority to effect change. 

75-507 0 - 94 - 6 
158 

Juveniles in Custody 

Detention Environments 

7 

In 1987, there were 1,172,585 juveniles taken into police custody. As of February 

2, 1987, there were 91,646 juveniles in public and private juvenile facilities within the 

United States (U.S. Department of Justice, 1989). An estimated 1,781 juveniles were 

housed in adult jails across the country on June 30, 1987. Statistics are currently not 

available on the number of American Indian and Alaska Native youth represented in 

either of these groups, and the data does not include those juveniles held in 

reservation-based adult and juvenile facilities (U.S. Department of Justice, 1988a). 

Results from a nationally representative survey of juveniles (age less than 18) and 

young adults (18 to age 25) in long-term, state-operated juvenile institutions indicate 

that 93.1 % were male. More than 60% used drugs regularly, and almost 40% were 

being held for a violent offense. While they were growing up, less than one third lived 

with both parents, and more than half reported a family member had been incarcerated 

at some time. 

Nearly 43% of the juvenile sample had been arrested more than five times, with 

more than 20% of them having been arrested more than 1 0 times in the past. Nearty 

half or 47.6% of the juveniles reported that they were under the influence of either 

drugs or alcohol at the time of their current offense. Of those surveyed, over 75% drank 

alcohol in the year prior to their current offense, while 57% drank regularly (U.S. 

Department of Justice, 1988b). 

The rate ot delinquency among Indian adolescents has not been substantiated in 

the literature. This delinquency is thought to be a large and growing problem among 

Indian adolescents and a part of the complicated interaction between substance abuse 
159 

Detention Environments 

8 

and school dropouts. Studies appearing in the 1960s, 1970s, and 1980s indicated that 

delinquency among Indian youth was charaderized by a preponderance of petty 

offenses and misdemeanors often related to substance abuse (Ottlce of Technology 

Assessment, 1990). These findings are contrary to the general juvenile offender profile 

described above. When !adoring out alcohol-related offenses, to which Indian youth 

were three times more prone than Anglo or Hispanic you1h, Jensen, Strauss, and Harris 

(1977) found delinquency rates comparable across different populations. 

For lack of published Indian juvenile offender characteristics, the authors examined 

criminal justice data collected on three reservation sites between July, 1988, and 

September of 1990.8 

Location One 

The booking rate7 for juveniles at this location was 4,426 per 100,000, with 

considerable variation among the sites considered. During this period, charges per 

youth detained averaged 1.43, which was in tum broken into 1.2 charges per booking 

and 1.19 bookings per youth. Forty-one percent of all bookings occurred on Saturday 

and Sunday. Fiity percent of youths were detained between 4 p.m. and midnight: an 

additional 25% were detained between midnight and 8 a.m. 

The average age of youth detained was 15.23 years and 21% of youth detained 

were female. Six percent were charged with offenses against person: 22"/o were 

charged with property offenses: 22% were charged with disturbing the peace; and 1 0% 

were beyond the control of parent or guardian. Offenses directly attributable to 

substance abuse (DUI, liquor law violations, public intoxication, etc.) accounted tor 24% 
160 

Detention Environments 

9 

of offenses. Most cases (68%) were handled internally within the local department. 

Ninety-six percent of youth were detained less than 24 hours. 

Location Two 

The booking rate for juveniles at this location was 71,071 . per 100,000: 

approximately one admission for every four youth living on the reservation. The 

average number of bookings per juvenile per year was 1.61. Forty-seven percent of 

youth were arrested on Saturday or Sunday. Forty-six percent were detained between 

midnight and a a.m., and 33% were detained between 4 p.m. and midnight. 

The average age of youth detained was 15.33 years. Thirty-nine percent of youth 

detained were female. This percentage remained virtually unchanged (35%) when only 

those charged with delinquencies were considered. Thirty percent of youth were 

charged with public intoxication; 20% were charged with curtew violations; 17% were 

identified as juveniles in need of care: approximately 2.5% were charged with crimes 

against persons; and 36% were charged with an offense directly attributable to alcohol 

or substance abuse. 

Location Three 

The booking rate at this location was 25,533 per 100,000. Their average length of 

stay was 20 hours. Fifty-three percent detained were admitted between midnight and a 

a.m., while 29% were admitted between 4 p.m. and midnight. Forty-one percent were 

detained on Saturday and Sunday. 

Youth at this location were slightly older (an average of 15.a6 years old). Thirty-
161 

Detention Environments 

10 

nine percent were female. Thirty-seven percent were charged with possession of 

alcohol, and 12% were charged with rurfew violations. There were no offenses against 

persons noted. 

In reviewing the three locations. there are both similarities and differences in the 

emerging profile of youth detained in these reservation facilities. Youth within these 

samples are most consistent in terms of age (15-16 years old) and day/time of arrest 

(midnight to 8:00 a.m. on Saturday and Sunday). They are held less than 24 hours. 

There are differences in the proportion of per capita rate youth detained, of female 

youth detained, and the type of offense. The majority of all offenses would be classified 

as nonviolent. Substance abuse and rurfew violations appear to be common threads 

which link all sites. 

Suicidal Behavior in Detention Settings 

Nationally, jail and detention staffs. custodial in nature. tend to be inadequately 

trained in human behavior and frequently are composed of individuals new to the job. 

Emphasis for staff is on security and management of inmates. Typically, any mental 

health services offered are on a crisis-only basis and involve hospitalization. This is 

especially true for rural facilities. Wrthin the detention setting not only do we have great 

numbers of diagnosable chronic mental health disorders. but also, acute disorders 

induced by the confinemerrt process itself. 

Many jails and loc!wps, especially in smatter communities are faced with serious 

administrative barriers that impede effective service delivery: interorganizational 

linkages tend to be weak. resources are not readily available, identification procedures 
162 

Detention Environments 

11 

are often inadequate, and crisis care is only available at selected sites and times 

(Steadman, McCarty, & Morrisey, 1989). Quality physical and mental health care 

services are recent introductions to non-Indian/Native facilities stemming from inmatesponsored litigation and unconstitutionality outcomes. Tnbal and/or BIA facilities are still 

in the "hands-off" era: there have not been the lawsuits over jail conditions that have 

served as a catalyst for change in state and county !acUities (Martin, 1988).' 

Suicide is the leading cause of death in our nation's jails (U.S. Department of 

Justice, 1989). Nearly all of these suicides are alcohol-related and occur within the first 

24 hours of incarceration. The rate of suicide in these facilities is nine times greater 

than that of the general population. This has been found especially true among 

incarcerated American Indians. A recent survey of the prevalence of suicides during 

1985 and 1986 in county jails. city jails, and pollee department lockups found that 

American Indians represent 1% of the jail population, yet So/o of the jail suicides (Hayes 

& Rowan. 1988). 

The professional literature on suicide is vast. It is generally recognized however, 

that suicidal behavior in the correctlonaVdetentional setting, especially attempted 

suicide, has been a relatively neglected topic in both penological and suicidological 

literature. Very little is directly concerned with juvenile suicidal behavior in jails or 

detention centers, and none specifically examines American Indian/Native juvenile 

suicide (Beall, 1969: Community Research Forum, 1980; May, 1987). Experience has 

shown that suicides among juvenile detainees. like those in the general community, 

have been increasing significantly, and that much of the data on the problem of adult 
163 

Detention Environments 

12 

suicide in jails seems applicable to juvenile suidde in the same setting (Community 

Research Forum, 1980). 

Beigel and Russell (1973), in their SIUdy of the background, mental status, and 

criminal histories of inmates who made suicide attempts in AriZona jails during 1970, 

observed that suicide a.ttempters are likely to be younger than the average inmate, to 

have had an unsuccessful marriage even at such a young age, to be in jail for a 

nonviolent crime, and to have been confined in jail or prison previously. These suicide 

attempters also are more likely to have a history of previous attempts. 

The risk of suicide is increased when one is arrested lor something perceived as 

shameful (Williams, 1989), divorced or separated from spouse or family (ArboledaFlorez & Holley, 1989; Hayes & Rowan, 1988), isolated within the jail setting 

(Community Research Forum, 1980; Hayes & Rowan, 1988), experiencing symptoms of 

depression (Arboleda-Florez & Holley, 1989), currently physically and/or mentally ill 

(Williams, 1989), and experiencing prisoner fear and stress (Community Research 

Forum, 1980; Rowan, 1989, Williams, 1989). Due to the national juvenile jail removal 

initiative, youths rarely are held lor very long in adult jails (usually hours tq days)." but 

• 

suicides among adult inmates frequently occur within the first 24 hours, making this a 

crucial time for both adults and juveniles (Community Research Forum, 1980; Hayes & 

Rowan, 1988). 

A hypothetical profile based on those characteristics appearing most often in jail 

suicide victims was prepared by the National Center on Institutions and Alternatives for 

the National Institute of Corrections (Hayes & Kajdan, 1981). The victim would most 

likely be 22 years old, and a white, single male. He would have been arrested lor public 
164 

Detention Environments 

13 

intoxication, the only offense leading to his arrest, and thereby would be under the 

influence of alcohoVdrugs upon incarceration. The victim would not have had a 

significant history of prior arrests. He would have been taken to an urban county jail 

and immediately placed in isolation tor his own protection/surveillance. However, less 

than three hours after incarceration, he would be dead from hanging. 

Van Winkle and May (1986). reviewed death certificates of American Indian 

suicides for the State of New Mexico lor the years 1957·1979. Based on this and 

additional data gathered tor years 1980-19871orthose suicides that occurred in New 

Mexico jails, the profile remains similar to that described above: single, employed, 

Indian male, nonveteran, with a median age of 28. The victim was living on a 

reservation, but killed himself Friday or Saturday night in an off-reservation jail by 

hanging. 

Hayes and Rowan (1988) round in their updated survey of all non-Indian detention 

and holding facilities that 72% of the victims were white; 94% were male; 52% were 

single; and 75% were detained on nonviolent charges. with 27% detained on 

alcohoVdrug related charges. Approximately 20% were less than 22 years of age, with 

an average age of 30. Sixty percent of all victims were intoxicated at the time of 

incarceration. Thirty percent of the suicides occurred during a six-hour period between 

midnight and 6:00a.m.; 51% occurred within the first 24 hours of incarceration: and 

29% occurred within the first three hours. Approximately nine out of 1 0 of the victims 

were not screened for potentially suicidal behavior at booking. Seventy-eight percent of 

the victims who were intoxicated died within the first 24 hours of incarceration, while 

48% occurred within the first three hours. In addition. holding facilities data show that 
165 

Detention Environments 

14 

82o/o of victims were intoxicated at the time of their incarceration: 64o/o of victims died 

within the first three hours; and 97o/o of victims were not screened for potentially suicidal 

behavior at booking. 

The study also showed that in regard to suicide prevention programs with jail 

facilities experiencing a suicide in 1986, programs of some kind were found in 58o/o of 

detention facilities and 32o/o of holding facilities. The quarrty of such programming was 

not analyzed. However, the mere Identification of a suicide-prevention program within a 

jail by itself acknowledges the seriousness of the problem and that it occurs frequently 

enough to merit specialized knowledge and skills that the staff should master. 

Experience has demonstrated that almost all suicides could be prevented in this setting 

with implementation of a prevention program that includes staff training, intake 

screening, human interaction, and communication between staff members (Rowan, 

1989: Hayes & Rowan, 1988). 

Suicide rates also have been found to be higher in small jails and highest in small 

jails with lower population densities.'0 These rates per 100,000 inmates were nine times 

higher in small, low social-density jails" than in larger, high social-density jails. In 

addition, low density jails had on the average shorter lengths of stay than the large, 

high density jails (U.S. Department of Justice, 1990b). These statistics could have 

major implications in and around Indian Country. where the jails facilities fit these low 

density descriptions. 

Youth Suicidal Behavior 

The average age of the Indian population nationally is 17.3 years. as compared to 
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Detention Environments 

15 

29.5 years in the rest of the population. Thus, this population haS a very large 

proportion of adolescents and young adults- the age groups with the highest suicide. 

accident, and homicide rates. '

2 Most Indian suicides occur while the adolescent is 

under the influence of alcohol (Bertin, 1987). 

There has been a wide range of risk factors associated with Indian youth suicide. 

Frequent interpersonal conflict, prolonged and unresolved grief, chronic familial 

instability, depression, alcohol abuse/dependence, and unemployment. The suicide rate 

is alSo elevated in adolescents who have been seen for psychiatric problems, physical 

illness, previous attempts, multiple home placements, and frequent encounters with the 

criminal justice system (Office of Technology Assessment, 1990). 

A study that conducted postmortem interviews on Indian adolescent suicides in the 

southwest. found that 70% of the suicides had more than one significant caretaker 

before the age of 15, compared with only 15% of the controls. Forty percent of the 

primary caretakers of the suicide group had five or more arrests compared with 7.5% of 

the comparison group. Fifty percent of the suicides had experienced two or more losses 

by divorce or desertion, compared with 10%. Eighty percent of suicides had o,,e or 

more arrests in the 12 months before the suicide. compared with 25.5%; and bv aoe 

.!.[, 70% had been arrested. compared with 20% of controls. These statistics are 

indicators ot the impact ot earty, continued deprivation of parental caring leading to 

troublesome behavior. resulting in difficulties with the law (Bertin, 1987). Given this 

chapter's focus on juvenile detention suicidal behavior, we must note that there also 

exists a strong relationship between parental deprivation and attempted suicide among 
167 

adult jail populations (Community Research Forum, 1980). 

Detention Environments 

16 

Some general statements concerning the prevalence of suicidal behavior among 

Indian and youth in general are: females make many more suicide attempts than 

males, but males use more lethal means and are successful much more frequently than 

females. Shaffer (1974) found the most commonly occurring situation precipitating a 

suicide was one in which the youth knows that his or her parents are to be told of some 

type of antisocial behavior or he/she may experience loss of face. 

Legal problems, parental deprivation, feelings of shame, rejection or death, and 

individual isolation have all been linked causally to suicidal behavior among 

adolescents. All the above-listed causal factors can be expected among youth 

imprisoned in adult and juvenile jail facilities. However, these problems are exacerbated 

by understaffing and limited programmatic resources common in small rural and Indian 

jail facilities, as well as the federal policy of separating juveniles from adults, which 

results in isolation lor the sole child in an adult jail. 

The Community Research Forum, under a contract with the Department of Justice, 

Office of Juvenile Justice and Delinquency Prevention studied the suicidal effects of 

placing youth in adult jails (Community Research Forum, 1980). They found that 

adolescents in adult jails and lockups kill themselves more frequently than do 

adolescents in juvenile detention facilities and youth in the general population. This 

happens despite the fact that children in jails and lockups have less time in which to 

commit suicide and that it is more difficult to commit suicide in jails and lockups. 

The low rate of completed suicides in juvenile fac~ities studied may be attributable 

to the greater supervision available at these facilities and to the ongoing youth-centered 
168 

Detention Environments 

17 

activities as opposed to the isolation within an adult setting. '

3 In adult facilities. most 

housing types are multiple occupancy which may be a deterrent for the adult prisoner, 

while the isolated juvenile does not have another person within his/her cell as a 

protective !actor. The above-mentioned study determined that the suicide rate for 

juveniles held in adult jails is about 4.6 times greater than the suicide rate among youth 

in the general population, 7.7 times greater than that of juvenile detention centers. and 

5 times greater than adult lockups. We must keep in mind that for every completed 

suicide, there are many more self-injurious behaviors and failed attempts, a much more 

difficult behavior to analyze due to its subjective nature (Artloleda-Florez & Holley, 

1989). To date, there has been no such suicidal behavior research among Indian adult 

and adolescent detainees on- or off-reservation. 

Suicidal Behavior Data Collection Attempts 

For want of a published "Indian jail profile." we conducted a pilot telephone survey 

of 18 BIA and/or tribal detention facilities within 6 of the 11 BIA Law Enforcement 

Areas. This effort was conducted with BIA support and encouragement. The agencies 

were selected by the BIA Detention Specialist and contacts forwarded to the National 

Center for letter and later telephone contact. This worl< was useful in documenting, 

within a rather short period of time. the existence of a sample of local adult jail 

programs. It also identified the broad variation in their characteristics as well as 

gathering actual suicidal behavior data. 

Because the survey design was of an exploratory nature, it is not possible to draw 

definitive conclusions about "Indian· jail or detention programs based upon the data 
169 

Detention Environments 

18 

generated in this inquiry. It is possible, thOugh, to make general and preliminary 

statements based upon responses. Due to the explorative character of the survey and 

to the type of data available, analysis was 6mited to frequencies and descriptive 

statistics. 

The agencies and administrators initially were approached by letter, which inclUded 

a copy of the survey. AD the facilities during this particular survey were considered adult 

or "both" (adult and juvenile) jails. The survey's areas of inquiry included basic jail 

characteristics (size, daily counts, personnel, number admitted, average length of stay, 

etc.); existence of special programs such as mental health, alcohol, and medical; 

number of deaths; and preliminary inquiry into policies and procedures. Each letter 

specified a date that a telephone contact would be made. Contacts were made between 

April 24 to May 16, 1990. We received 94% cooperation." 

As expected, some data and responses were more complete than others, 

depending on whether individual administrators responded by mail or telephone and the 

sophistication of the jail. Two agencies decided to respond by mail rather than phone 

due to scheduling conflicts. The idiosyncratic nature of the individual responses 

highlights the need for on-site visits with more structured interview protocols. Another 

difficulty that affected the survey was the uncertain and imprecise definitions of sucl1 

specific programs as medical, mental health, suicide prevention, and alcohol abuse. 

Nevertheless. because the intent of the survey was to acquire as much infom'lation as 

possible in a short time about what existed in the field, the interpretations were left 

open. Below are brief highlights of the results. 

The average daily inmate population ranged from 3 to 70 with a designed capacity 
170 

Detention Environments 

19 

of 8 to 90, with a "l of 30.4 inmates. The day of phone contact, the facilities averaged 

24.8 inmates with 2.6 juveniles being held in each facility. Thus, the majority of the 

facilities fall within the small jail classification. 15 F"rtty-nine percent of the facilities held 

juvenile as well as adult detaineeS/inmates. All were considered holding as well as 

detention facilities. 

Forty-seven percent of the jails had one person on day shift, 35% had two and 

18% had three. During the evening and night shifts (which is the most crucial period for 

suicidal behavioral), 65% of the facilities had only one dispatch/jailer. Twenty-nine 

percent of the jails combined the roles of jailer and police dispatcher. In all facilities, the 

jailer/dispatcher/detention officer conducted the booking, general screening, and intake 

procedures proven crucial to suicidal behavior detection (Hayes & Rowan. 1988). No 

routine follow-up screening was evident in any of the agencies. 

For the month of February, the mean number of inmates admitted was 249.6 with 

a range from 14 to 1178, thus showing considerable variability. The average length of 

stay was 14.5 days with a range of 0 to 7 months. There was some question as to the 

understanding of average length of stay of unsentenced versus sentenced prisoners 

when analyzing the results. This would be clarified more fully by a larger. more 

strucrured on-site data collection. 

Twenty-tour percent of the jails had some sort of informal - not guided by 

medically approved policies and procedures - sick call procedure that they referred to 

as their medical program. This was usually conducted by the community health or 

Indian Health Service (IHS) representative and was held one to three times a week. 

Two (12%) of the facilities reserved an infirmary ceiVroom for examinations. Twelve 
171 

DetentiOn Environments 

20 

percent provided physicals to sentenced inmates. All utilized the IHS for medical 

intervention either as needed or in emergency situatiOns. It is clear that the majority of 

the facilities act on an emergency, as-needed basis only. 

Only one had an informal in-house mental heanh program. The majority (94%) 

utilized IHS or tribal mental health programs for crisis intervention only. Fifty-three 

percent had some sort of in-house alcohol abuse program, most consisting of 

Alcoholics Anonymous or tribal alcohol programs, with sessions held once to twice a 

week. 

When reporting number of deaths within the last year, one facility reported one 

adult male completed suicide. Eighty-one percent reported at least one adult suicide 

attempt ~ "' 1.6, range 0-6) and 57% reported at least one juvenile suicide attempt ~ 

"' 1.7, range 0-6) within the last year. 

Inquiries about inmate status indicated the majority~ .. 12.5) were serving a 

sentence. This was followed by !hose awaiting arraignment ~ .. 5.1) and those awaiting 

sentencing ~ = 4.4). The facilities reported that an average of 87.3% of their inmates 

were held on alcohol abuse-related charges. During this preliminary work, we could not 

clarify if these were actual figures or perceptions of the respondent administrators. 

Fifty-nine percent of the jails provided social detoxification17 at the facility (or used 

the "drunk tank" until inmates sobered up). All responded that this was done without 

any type of medical supervision. All the jails noted having some type of plan for suicidal 

and alcohol abusing inmates, but not formal written policies and procedures. 

This survey characterized Indian jails as small facilities holding both adult and 

juvenile sentenced offenders on alcohol abuse-related charges. In relation to their size, 
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Detention Environments 

21 

these jails have very high admission rates with a relatively short length of stay during 

the already proven critical period of suicide attempts and completions (first 3·24 hours). 

The jails have overwor1<ed, minimal and muttifunctlonat staff. This is especially true 

during the evening and late shifts, where suicidal behavior can rise when staff 

supervision is reduced. The jails have no medical or mental health program, using IHS 

services on CJ crisis-only basis, but have some kind of in-house alcohol abuse program. 

The personnel are faced with at least one adult and juvenile suicide attempt per year, 

but do not seem to have the high number of completions as previously thought. Most 

administrators indicated that the reservations had a suicide completion problem, but the 

incarcerated were somehow protected. This preliminary finding is at variance with the 

NAPA report (1989), which indicated by informal interviews high numbers of attempts 

and completed suicides. This also is contrary to the results of the national survey by 

Hayes and Rowan (1988), which indicated that rates of off-reservation Indian/Native jail 

suicides are extremely high. 

To get a feet for suicidal behavior in strictly juvenile facilities, a phone inquiry was 

conducted with aU Indian juvenile detention facilities (n • 4) within Indian country. Of the 

four operating facilities, three indicated attempts (:? • 7.33) during 1989, with one 

completion (see Table 1). 

Insert Table 1 about here 

This preliminary study addressed our questions about characteristics, feasibility, 

and clear. ready access to the sites for possible future study. It also speaks to the 
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Detention Environments 

22 

availability of data, while underscoring the need for on-site field visits for more 

complete, uniform, and less unbiased collection. The high level of cooperation from the 

local facilities as well as the national and regional BIA Law Enforcement Offices 

emphasizes local interest, need, and significance of this type of inquiry. 

Both BIA and tribal contract law enforcement service programs are required to 

submit monthly narrative reports on suicides and/or attempts to the BIA, Division of Law 

Enforcement Services, Branch of Police Operations in Albuquerque. Unfortunately-, what 

is mandated and what is accomplished are two entirely different issues. 

One of the main factors in this dilemma is that the BIA, Division of Law 

Enforcement Services, was semiautomated up untH February 20, 1986. A command 

decision was issued at that time to disoontinue the use of the old system, because it 

was deemed to be too costly and cumbersome. It then was decided to create a modern 

Integrated Police Law Enforcement Management System tor all of Indian country (BIA, 

1990b). However, as of this date, the new IPLEMS Computer System is still 

nonoperational and not projected to be on line until 1993. Consequently, the last 

comprehensive BIA/Tribal Annual Law Enforcement Statistical Report completed was 

for 1985. 

A request was made by the authors for an accounting of suicides and/or attempted 

suicides taken from these monthly narrative reports submitted to the BIA tor the year 

1989. It was found that only one half the facilities submitted reports, indicating 17 adult 

and no juvenile suicide attempt, and one completed juvenile suicide. 

The bulk of information received monthly, together with lack of staff and 

automation makes routine analysis, documentation and dissemination of law 
174 

Detention Environments 

23 

enforcement information, including suicide data, a monumental task. It requires special 

priority, redirected staff resources, and ample staff hours dedicated to completing the 

task. 

Another important factor is that without the convenience of automation, the field 

reporting of information is basically at the mercy of the program manager's discretion, 

accountability, and competence. Complicated by the fact that reservation law 

enforcement and detention programs are managed, staffed and owned so differently 

throughout Indian country, information becomes totally dependent upon the individual 

reporting. Thus, this set of circumstance could account for the cfiSCrepancies found in 

the number of actual suicidal gestures cited within the different inquiries attempted by 

the authors as well as other published studies. 

Difficulties in Data Collection 

Data collection always represents a significant challenge in research undertakings. 

Beyond the usual challenges of data integrity, consistency, and methodologica! issues, 

in this situation, additional difficulties arise from both the environment and the research 

topic. The difficulties associated with research in the criminal justice arena have been 

well documented (Ciar1<, 1977). These difficulties relate to the basic requirements for 

research and the potential for the intrusion of bias. 

Accurate, permanently recorded observations are the foundation stones 

of a growing science, but government has been built on quicksand. 

Without objective, impartial factual data, we read of ... skilled 

practitioners, but we are unable fully to comprehend their deeds. There 
175 

Detention Environments 

24 

are many political statements ... , but little that can be set forth as 

objective facts pointing the way ..•• 

When criminal justice has amassed a solid mass of empirical, 

controlled observation, it will have a rock embedded in reality. On this it 

will be possible to erect a true science of criminal justice. 

There are few if any ,acts• in criminal justice that are not 

corrupted by bias. Operationalizatlon of behavioral measurement 

appears to run risks that are not run in the physical sciences. The focus 

of concern in criminal justice is humanity- a changeable, malleable, 

vital, stubborn thing, pemaps beyond the understanding of mortals 

(Clan<, 19n). 

This section of the paper underscores the difficulty mentioned in previous sections 

in collecting data and describes the specific problems associated with three collection 

projects at eight reservation sites between July 1988 and September 1990. The 

purpose of this data collection was the planning of new adult and juvenile jail facilities. 

The dilficutties are divided into two general categories: environmental and issue-specific 

which relate to the topic of suicide. 

Environmental Difficulties of the Correctional Setting 

Environmental difficulties are those that stem from on-reservation correctional 

settings. These unique settings have influenced jail management practices including 

documentation. 
176 

Umited historical data. 

Detention Environments 

25 

In most cases, there is a lack of historical data that documents both the specific 

detention population and the juvenile population of the reservation in general. The true 

number of youth living on reservation is difficult to aCQJrately estimate. Figures from 

both tribal governments and the IHS are Dnked to cen$us data; each present research 

problems, some of which are shared. Tribal data may provide information regarding 

registered members of a specific tribe. However, youth on the reservation will include 

members of other tribes, and not all children born on reservation are registered. 

Additionally, some youth who are born and live off-reservation may be included in tnbal 

totals. IHS data includes mermers of other tribes who are born at IHS facilities on· 

reservation and those for whom the IHS provides contract health care. Additionally, 

both sources of information may not include American Indian youth who live in 

bordertowns and who have significant ties to the reservation. 

Beyond these difficulties in determining the size of the juvenile population at large, 

there are specific difficulties in determining the size of the population of juveniles who 

are booked at the detention facility. Information that is typically available in off· 

reservation settings for the use of administrative personnel, such as average daily 

population, number of admissions. length of stay, is not summarized and is sometimes 

not recorded. As a result, the development of measurements, such as incarceration 

rates, becomes very difficult and comparison with off-reservation facilities can be 

statistically dangerous. 

Rudimentary information svstems. 
177 

Detention Environments 

26 

Automation has become a powerful presence in the criminal justice arena in offreservation facilities. Most local detention facilities that hold more than 100 inmate have 

some level of automation of their records; automation is becoming increasingly popular 

in smaller institutions as well. However, automation has been slow in coming to 

reservation facilities. As a result, most data gathering must deal with manual recordkeeping systems, making the process much more time-consuming. 

While recognizing that data gathering from automated systems has problems of its 

own, the problems associated with missing forms and files and illegible handwriting are 

alleviated. These problems have been significant in the reservation settings studied. 

Fragmented information. 

While criminal justice entitles have been called a system because they are 

functionally interdependent, from an information perspective, they tend to function 

independently. As a result, data needed tor many research efforts is scattered among 

separate entities (typically law enforcement, detention, and the courts). These entities 

often have their own record-keeping and numbering systems. As a result, assembling 

information about individuals in particular and groups in general requires a manual 

cross-referencing of multiple record-keeping systems. The basic task of matching 

arrest-disposition-result becomes an onerous task. 

Inadequate documentation. 

Beyond the lack of basic management information, most reservation detention 

facilities operate with minimal amounts of event documentation. Unlike local detention 
178 

Detention Environments 

27 

facilities, in which documentation practices have been driven by the prevalence of 

litigation, on-reservation detention facilities have been relatively insulated from the 

litigious environment in which documentation is essential. A3 a result, sources that 

typically would be available to document a variety of operational matters are simply not 

available. Three typical sources (incident reports, medical and suicide screening forms 

completed by detention personnel, and classifiCation interview summaries) are ~ 

found. 

Confidentialitv of juvenile records. 

In all systems, the identity of juveniles is protected by law. These protections are 

extended to juveniles under Tribal Code. Access to these records is diffiCUlt in many 

systems. but in the on-reservation facilities, where administrators may have been 

criticized about violations of this confidentiality, access to these records lor legitimate 

research purposes may be even more difficult. Additionally, sources which can assist 

administrators in determining the validity of requests for information are few and far 

between. As a result, administrators may tend to take a conservative position regarding 

access to records. 

Inaccurate recording. 

Consistent recording of information is a research fundamental. Unfortunately, in 

many correctional settings, lhere are many factors that lead to inconsistency. Staff may 

be inadequately trained in proper documentation procedures; formats lor recording 

information change: law and policy change the items that must be kept: and information 
179 

Detention Environments 

28 

may be highly valued by one administrator, but perceived as an obstade to ·getting the 

work dof!e" by another. 

When these factors are combined, there is a high potential for inconsistency in the 

on-reservation facilities. Employee turnover on reservation facilities, both in the line 

officer and administrative ranks, is high. Access to training resources is limited. The 

Indian Police Academy provides a 4Q-hour, introductory training course for 

jailer/dispatchers, which is to teach all aspects of these two functions. In contrast, most 

state certification programs f<.r detention officers range from 160 to 320 hours - without 

dispatch ooeratlons. Access to state certification programs for officers working In the 

tribal system also is restricted and in some states is prohibited. When facilities are 

operated by the BIA there is also potential for high turnover as people move through 

detention into police operations and administrators move from post to post. 

The format for record-keeping is often linked to requests for program budgets. As 

these change in the federal and tribal systems, information requirements change. 

Information, particularly of a statistical nature, may not be highly valued by managers, 

who are consumed by the day-to-day aspects of this job. As a result, in many cases, 

documentation and record-keeping are perceived as intrusions into the real business of 

police and detention work. 

Small juvenile detention oooulation. 

Unlike most states and local jurisdictions. many places in Indian country have not 

experienced the impact of the juvenile jail removal initiative. As a result, juveniles are 

still held in adult facilities in many locations. When this occurs. juveniles tend to be a 
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Detention Environments 

29 

relatively small segment of the facility population; this small subset may not always be 

immediately distinguishable in summary reports. When it is possible to separate the 

adult and juvenile offender population statistically, the small size of the juvenile 

population presents statistical challenges. In other locations, where juveniles have been 

removed, the absence of detention facilities means that juvenile police contacts are 

often un- or under-reported. This makes the task of identifying the true size of the atrisk population extremely difficult. 

The size of the detention population presents another type of problem for the 

researcher; this problem is linked to the final difficulty discussed in this section of the 

paper. Law enforcement and detention agencies typically record information about two 

different categories of events: offenses and bookings. An offense is a single violation of 

tribal code; a booking is a single time when a youth is arrested and brought to 

detention. It is not uncommon to find more offenses than bookings for the same period 

ot time, since a youth may be arrested on more than one offense. An additional 

complication occurs because, over time, each youth may be arrested more than once. 

As a result, from summary statistics it is usually much easier to identify the number of 

reported offenses or the number of bookings than it is to determine how many peoole 

the detention facility dealt with in a specifiC time period. In many ways, it is the number 

of youth which is of interest to the researcher; a lack of clear understanding of the 

differences among these three categories may lead to over- or under-estimation. 

Information for legal. not management. ourooses. 

Most criminal justice systems keep records for a variety of reasons that have 
181 

Detention Environments 

30 

nothing to do with research questions or purposes. Information is needed to present in 

court, to identify persons, to account for property, etc. Information which describes 

inmates in terms of their psychosocial needs is perceived as having little purpose in a 

facility whose foundation rests on the law. Interestingly enough, while the youth is in the 

facility, there is a tremendous amount of precisely this lype of information available: 

unfortunately, when it is documented (which is infrequently), this documentation is often 

lost when the individual is released. On-reservation detention facilities are no different 

in this respect. As a result, information that is kept seldom extends beyond basic 

demographics. 

While there are similarities in the difficulties associated with data gathering in onand off-reservation correctional settings (particularly small rural local jails), the relative 

lack of management information and documentation in general present greater 

challenges on-reservation. In many cases, because of the problems cited above, 

research effons that require longitudinal information may fare better ij they don't plan to 

use historical data. 

Issue Soecific Difficulties 

Issue specific difficulties are those that relate directly to the topic of suicide within 

this environment and geographical setting. 

Fraomented information. 

Just as criminal justice information is fragmented, information sources regarding 

completed suicides and suicide gestures in correctional facilities are similarly divided. 
182 

Detention Environments 

31 

Completed suicides almost certainly will result in an investigation by the police agency 

with jurisdiction in the matter. This agency will vary from location to location, but 

typically will be either the investigative division of the tribal police department (if this 

function is provided under a PL 96-638 contract) or the BIA's agency special officer. 

The detention facility may also have written its own documentation of the incident and 

may have crucial information/documentation regarding presuicidal behavior. 

Additionally, the IHS Mental Health program or the Tribal Mental Health program may 

have inlormation regarding psychosodal history and a diagnosis. Information could be 

spread across four agencies. 

In the case of suicide attempts or the identifiCation of at-risk youth in the detention 

setting. the situation is more muddied. Gestures that are perceived as more serious are 

more likely to be documented. It is unclear if that documentation will extend beyond the 

facility, or which agency will have it. Further, since there are no standardized policies 

currently in effect for all facilities, it is unclear at what point referrals to a mental health 

provider actually occur. 

As a result, because of this fragmentation, research effcrts will not be able to look 

to a single source of information regarding adolescent suiddes in detention settings on 

reservations. Rather, a strategy that uses the various potential sources in a crossreferencing fashion is more likely to accurately identify and describe the population. 

Undocumented attemots. 

Staffing levels in on-reservation facilities provide many opportunities for 

unobserved behavior. As previously discussed, staff shortages frequently result in a 
183 

Detention Environments 

32 

single staff person, who sometimes also has responsibility for dispatch, bookings, and 

the supervision of all inmates. This is truly an incredible task. since many on· 

reservation facilities "bbok" more people than off-reservation faeiDties SO to 1 00 times 

their size. Most staff supervision of the inmate population ocaJrs on an intermittent 

basis and usually undocumented: detention officers check cell during the best 

circumstances. During high activity periods, the volume of facirlly bookings frequently 

dictates that staff are unavailable to make cell checks with the frequency and in a 

manner that would immediately alert officers to suicidal behavior. 

Additionally, most on-reservation facilities are designed in a linear, rather than 

podular manner as discussed earlier, with long cellblocks isolated from areas where 

staff are located. Inmates are only observed when staff leave the booking or control 

area to perform cell checks. Unear facilities make detection of many types of unwanted 

inmate behavior much more difficult that podular designs in which inmate housing is 

organized around a common day area which is observable from a staff post. As a 

result, the potential for attempts clearly exists. 

Beyond this potential, there also is the possibility that documentation of known 

attempts may vary considerably based upon the perceived degree of severity of the 

attempt and the relative lack of consistent policy regarding what must be documented 

and by whom. 

Undocumented orecursors to suicide. 

As noted previously, on-reservation facilities are much less likely to document both 

normal and unusual events in the facility. For example, most local jurisdictions carefully 
184 

Detention Environments 

33 

log the times of cell checks in order to be able to prove that the safety and well-being 

of inmates (as well as the security of the institution) has been checked on a regular 

basis. Many on-reservation facilities do not routinely document operational details of 

this nature. As a result, critical information regarding time may be lost. Additionally, 

many off-reservation facirlties routinely develop a written log of information to be passed 

on to other shifts: these typically would include comments regarding individual behavior. 

To the researcher looking for patterns, this lack of documentation creates the potential 

for significant difficulty; recollection, rather than fact, is the source document. As noted 

earlier in this paper, this is a shaky foundation on which to build theory. 

A second lack of documentation is even more c:itical. Of the nine on-reservation 

facilities evaluated by one of the authors during the last two years, only one routinely 

performed a suicide risk assessment - and that occurred !!!!! the youth had been 

identified as a suicide risk by another source. This report of routine risk assessment is 

contrary to that reported by the telephone survey mentioned earlier. The failure to 

complete an in-facility suicide risk assessment on each youth eliminates one potential 

powerful source of information regarding the degree of risk in the juvenile detention 

population. 

Medical consent rules aoolv to a sion~icant source. 

As noted previously in this article, the IHS is a sign~icant participant in the 

assessment of suicidal behavior. As a result, all of the requirements for the 

confidentiality of medical records apply. 
185 

Difference in cultural conceot of suicide. 

Detention Environments 

34 

Over the last two years, on-reservation facilities have come under considerable 

criticism. The National Institute of Corrections and the National Academy of Public 

Administration (NAPA, 1988) both have released highly critical evaluations of onreservation facilities. As a result, questions regarding operational practices, particularly 

on an issue as sensitive as adolescent suicide, could easily be perceived as 

threatening. Information then becomes protected and not readily accessible to 

·outsiders who would not understand." 

Beyond these reasons, there is .a strong potential that some American Indian 

cultures may perceive suicide as either a "shameful death" or a highly acceptable way 

to die: others may have taboos regarding talk about the dead in general. As a result. 

facility staff and administrators, particularly those who strongly hold traditional values, 

may be reluctant to discuss both suicides and suicide attempts that have occurred in 

their facilities. 

An example of how Hopis view suicide probably can be best described through the 

eyes of a traditional Hopi. '

1 

It is believed by Hopi people that there is a celestial spirit that guides a 

Hopi Indian through his life on earth. It is this spirit, who then tells a 

Hopi when it is his time to die. Upon death, the Hopi's spirit takes a 

journey back to the "Under World," where all life began and where 

everlasting life is for the Hopi. This spiritual journey back to the Under 

World is conceived to be a reflection on how the Hopi lived his life on 

earth. The individual's journey could then be a glorious adventure 
186 

Detention Environments 

35 

taking little time or a long difficult journey with the possibility of never 

reaching his spiritual eternity. Consequently to die is not a scary virtue, 

because the Hopi considers the Under World as the happiest place to 

ever be. 

Thus, the means of the death is not the important consideration tor 

the Hopi, only the immediate preparation of the body for the individual's 

spirit to begin its journey which is at paramount importance. The Hopi 

traditionally have a formal community ceremony to bury the deceased, 

one day after the individual dies. So death does not have to be an 

involuntary and natural process for the Hopi because his spirit is judged 

by his life on earth and not how he died. In addition, his relationship 

remains constant with the living, and death is only a matter of returning 

to the everlasting. 

Consequently, suicide is not viewed as a value that is right or wrong by the Hopi 

society, but only a means of dying. Conversely, this acceptance of death is difficult for 

non-Hopi people to be sensitive to. Further, if suicide is only a seH-selected vehicle to 

the Under World, then how can a non-Hopi person expect to change a social problem 

that is not identified as a problem within the Hopi culture? Last, imposing non-Hopi 

legal mandates upon Hopi people during these incidents of suicides extremely 

frustrates them.'9 

On the other hand, some Plains tribes view a ·good" death as a "warrior's death" 

(going out in a "blaze of glory"). Thus, a suicide as opposed to a car accident, for 

_example, is not viewed favorably for it is not considered a warrior's death. Another case 
187 

Detention Environments 

36 

of a cultural hinderance to data collection is illustrated among the Navajo. This tribe 

avoids talking about the •dead; thus making actual identification of a suicide difficult. 

The ·dead· thus becomes the problem, not the suicide. 

Detention staff may lack training in suicide risk assessment. 

The lack of detention officer training has already been noted in this article. The 

lack of training in this area is particularly acute. In order to comply with prevailing 

correctional standards, which local detention facilities should use a risk assessment 

instrument to determine those who may be at risk. In some cases, there should be an 

effort to determine the level of risk through the use of a rating scale; individuals who 

score high are then referred for mental health evaluation. Implementation of this level of 

screening also includes training for staff in identifying behavior that may indicate that 

the youth is at risk. 

From a research perspective, these screening documents provide valuable 

information regarding the proportion of youth in the detention population whose 

behavior puts them at risk. From an operational perspective, the lack of suicide risk 

assessment procedures, decreases staff awareness of the issue. As a result. not only is 

there less documentation of risk, but there is also less sensitivity to the topic, which in 

tum can result in under-reporting. 

Detention and mental health 1arnon• may present barriers. 

All professions have a language of their own; the detention and mental health 

fields are no exception. In addition, particularly in the on-reservation facilities, language 
188 

Detention Environments 

37 

barriers are likely to occur when mental health professionals begin to talk with detention 

staff, whose ·professional language• is significantly different and whose educational 

background involves far less formal education. As a result, researchers must consider 

carefully both written and verbal communication to ensure that detention personnel 

understand the nature of the questions being asked of them. 

Summarizing the difficulties in gathering information, the need for more complete 

and consistent documentation rrust be stressed. This documentation can be 

accomplished through increased resources, increased training of officers, automation, 

standard forms, compliance with professional and BIA standards, development of a 

more unified and collaborative system with IHS ard'or tribal mental health programs. 

Reporting for management purposes is a much-needed, new concept within Indian 

country. 

Researchers lace significant difficulties gathering information regarding juvenile 

suicide in on-reservation facilities. In projects which explore this issue, the research 

must develop strategies to deal with under-reporting, cultural sensitivities, lack of 

training on the topic in general, and the lack of available documentation. 

Recommendations for Continued Basic and Applied Research 

The exploratory findings and issues discussed within this paper suggest much 

needed continuing epidemiologic and preventive research. Risk factors must be 

explored both on the institutional as well as !he personal psychological level. We need 

to examine the extent to which suicidal behavior is actually present among 

lndiarvNative juvenile offenders both on and off the reservation. Does this picture vary 
189 

Detention Environments 

38 

by jurisdiction, geographic areas, and local law enforcement policies, procedures, and 

management practices? 

It is necessary to systematically characterize current identification and 

management resources and procedures for the suicidal adolescent from intake to 

release within these different jurisdictional areas. What predictive and protective factors 

come to light in the prevention of suicide? What policy and procedure changes need to 

be addressed tor this specific behavior? Are current state-of-the-art practices 

(standards) culturally sensitive to this particular group? 

Clinical and diagnostic studies will identify personal predictive, causal, and 

protective factors that influence this behavior. Rigorous prevention and evaluative 

research can then follow with the development of culturally sensitive preventive risk 

assessment tools and management/treatment practices. 

Thus, continued basic and applied research must answer these questions: Is the 

suicidal Indian youth a problem within jails both on and off the reservation? What does 

the Indian/Native suicidal juvenile detainee actually look like? How can we prevent and 

treat this behavior within this unique setting? This can only be done through on-site, 

systematic, in-depth studies with built-in strategies tor the difficulties in data collection 

identified in this paper. 

Conctusion 

Our intent is to illustrate the lack of consistent available data of suicidal behavior 

prevalence among Indian adolescent detainees. This paper began with a basic 

overview of the detention environment for American Indian adolescent offenders with a 

75-507 0 - 94 - 7 
190 

Detention Environments 

39 

focus on the reservation setting. Second, we looked at available juvenile offender data 

compiling a profile of youth detained in reservation based facilities. Third, we discussed 

literature addressing suicidal behavior within these settings, pointing out the dearth of 

information available on adolescents, especially American Indian youth. Fourth, 

preliminary data was presented, including a tentative "Indian• jail profile. Fifth, we 

discussed the significant difficulties in data gathering within and near Indian country. 

Finally, we presented future in-depth topics of basic and applied research within this 

unique treatment arena and cultural group, stressing on-site data collection. 

The need for Indian juvenile suicide information in detention settings on and off the 

reservation is a highly pertinent topic. Currently, a number of tribes and the BIA are 

involved in detention planning projects. As these projects are i~lemented and policy 

made. the need for more information about the levels and strategies to minimize risk 

becomes even more critical. Those facilities located off the reservation that house a 

large number of Indians also will be affected greatly by continued research as minority 

inmate management becomes a more paramount issue. This neglected institutional 

treatment setting, especially in and near Indian country, will see massive changes 

within coming years as litigation is introduced over jail conditions. Continued research 

as suggested above not only will fill in gaps in the existing epidemiologic knowledge 

• base. affect correctionaVdetentional policy, but also give impetus to well-informed 

preventive programs targeted toward this specific at-risk population. 
191 

References 

Detention Environments 

40 

Arboleda-Aorez, J., & Holley, H. (1989). Predicting suicidal behaviors in incarcerated 

settings. Canadla., .loumal of Psychiatry.~ 668-674. 

Beall, L. (1969). The dynamics of suicide: A review of the literature, 1897 • 1965. 

Bulletin of Suicidology, March, 2-16. 

Beigal, A., & Russel, H. E. (1973). Suiddal behavior in jail: Prognostic considerations. 

In B. L. Canto (Ed.), Jail House Blues. Orchard Lake, Ml: Epic. 

Bertin, 1. N. (1987). Suicide among American Indian adolescents: An overview. Suicide 

and Life Threatening Behavior, 17(3), 218-232. 

Bureau of Indian Affairs. (1988). American Indians. today: Answers to your ouestions. 

Washington, DC: Department of Interior. 

Bureau of Indian Affairs. (1990a). Justification of intamet program increasesdecreases. Washington, DC: Department of Interior. 

Bureau of Indian Affairs (1990b). Detention facility survey. Washington, DC: Department 

of Interior. 

Clark, A. 5. (1977). Fundamentals of criminal justice research. Lexington, MA: DC 

Heath and Company. 

Community Research Forum. (1980). ~assessment of the national incidence of 

juvenile suicide in adult jails. lockups. and juvenile detention centers. Report for 

the United States Department of Justice, Law Enforcement Assistance 

Administration, Office of Juvenile Justice and Delinquency Prevention. Washington, 

DC: U. S. Government Printing Office. 

Hayes, L., & Kajdan, B. (1981). And darkness closes in: A national studv of suicides. 
192 

Detention Environments 

41 

Final Report to the National Institute of Corrections. Washington, DC: National 

Center on Institutions and Alternatives. 

Hayes, L. M., & Rowan, J. R. (1988). National studv of jail suicides: Seven years later. 

National Center on Institutions and Alternatives & National Institute of Corrections. 

Washington, DC: U. S. Government Printing Office. 

Jensen, G. F, Strauss, J. H, & Harris, V. W. (1977). Crime, delinquency, and the 

American Indian. Human Organization, 36 (30): 252-257. 

Martin, M. D. (1988). A look at Indian jails. American Jails, Spring, 19-21 . 

May, P. A. (1987). Suicide and suicide attemots among American Indians and Alaska 

Natives: An annotated bibliography. Albuquerque, NM: Office of Mental Health 

Programs, Indian Health Service. 

National Academy of Public Administration. (1988). Survev of Indian detention facilities. 

Report for the U.S. Department of Interior, Washington. DC. 

Office of Technology Assessment. (1990). Indian adolescent mental health. Congress of 

the United States. Washington, DC: U.S. Government Printing Office. 

Rowan, J. (1988). Preventing suicides in police lockuos: Training kev #376. 

Gaithersburg, MD: International Association of Chiefs of Police. 

Rowan, J. (1989). JaiVCorrectionat Officers with "street attitudes• incur lawsuits. 

American Jail, i,(1), 13-17. 

Shaffer, D. (1974). Suicide in childhood and early adolescence. Journal of Child 

Psvchotogv and Psvchiatrv . .!§., 275-291 . 

Steadman, H. J, McCarty, D. w .. & Morrissey, J. P. (1989). The mentallv ill in jail: 

Planning for essential services. New York: The Guilford Press. 
193 

Detention Environments 

42 

U. S. Department of Health & Human Services, Public Health Service, Indian Health 

Service. (1988). IHS Chart Book. Washington, D. C. 

U. S. Department of Justice, Bureau of Justice Statistics. (1980). Profile of jail inmates: 

Sociodemograohic findings from the 1970 survev of inmates of local iails. 

Washington, DC. 

U. S. Department of Justice, Bureau of Justice Statistics. (1988a). Census of local jails. 

1983: Volume V. Selected findincs. methodology & summary tables. Washington, 

DC: U.S. Government Printing Office. 

U. S. Department of Justice, Bureau of Justice Statistics. (1988b). Survev of vouth in 

custodv. 1987. Bureau of Justice Statistics Special Report. Washington, DC: U. S. 

Government Printing Office. 

U. S. Department of Justice, Bureau of Justice Statistics. (1989). Children in custodv. 

1975 • 1985. Washington, DC: U. S. Government Printing Office. 

U. S. Department of Justice, Bureau of Justice Statistics. (1990a). Census of local iails. 

Bureau of Justice Statistics Bulletin. Washington, DC: U.S. Government 

Printing Office. 

U. S. Department of Justice, Bureau of Justice Statistics. (1990b). Pooulation densitv in 

local jails. 1988. Bureau of Justice Statistics Bulletin. Washington, DC: U. S. 

Government Printing Office. 

U. S. House of Representatives. (1980). The Juvenile Justice and Delinouencv Act of 

1974: As amended throuoh December 8. 1980. Public Law 93-415. Washington, 

DC: Office of Juvenile Justice and Delinquency Prevention, Office of Justice 

Assistance. Research, and Statistics, U. S. Department of Justice. 
194 

Detention Environments 

43 

Van Winkle, N. w .. & May, P. A (1986). Native American suicide In New Mexico, 1957-

1979. A comparative study. Human Organization. §{4), 296-309. 

Williams, S. 0. (1989). When a private act o1 desperation becomes a public shame. 

Corrections Compendium. 1!(8), 5-9. 
195 

Authors' Notes 

Detention Environments 

44 

The views expressed in this paper are the authors' and do not necessarily reflect 

those of the Bureau of Indian Affairs, Law Enforcement Service. 
196 

~~/\1~\ 

l~ ,-; · ,, ~~ 

~,..National Academ; of Public Administration 

SURVEY 

OF 

INDIAN DETENTION 

FACILITIES 

RECEIVED BY 

I ASAPB 

~----------M_A_Y_lB-19-93 __ ,__ 

A Report 

for the 

Department of 

the Interior 
197 

The National Academy of Public 

Administration 

The :-lational 1\caderr.,· was formed in 1967 as a 

nonpartisan, collegial socittv to advance the 

effectiveness of gO>·crnment at all le>·els rhrou~h 

sound manqtmC'nt and counsel on chr pracucal 

implications of public polic~·. In iu txtrnsivr work 

pfO!ram. the .-\cadrm~· has conductrd s1udit1 f'lr 

perfOrmed servicn i>r statr and local ~1')\ rrnmrnts . 

thr judiciary and ConiJrrss. and nrarl\· t' r~· maJor 

dtpartmrnt and agency in th• ucuU\'t branch 

Acadrm"! mrm~n arr rlrctrd b'!f thrir pc-rn and 

consist of practnionrn and scholars of public 

administration. notably prrsrnt and former 

mcmbcn o( Congrrss. cabinrt officcn. statr 

government rxecutiv~. city and countv mana~Jrn 

and mayan, and business and indepcndrnt sector 

leaden with significant public str'\'icr rxprnencr 

The producu of AcadC'mv studirt reprrsrnl 1hr 

vlrws of 1he p~rticipanlS ~nd not thr Ac3drmv Js 

an lnstltution. 
198 

SURVEY OF 

INDIAN DETENTION FACILITIES 

BY A 

STUDY TEk~ OF THE 

NATIONAL ACADEMY OF PUBLIC ADMINISTRATION 

FOR THE 

DEPARTMENT OF THE INTERIOR 

November , 19 8 8 
199 

OFFICERS OF THE .\CADEMY 

Chairman ctf.• the Board 

Vice Chairman of the Board 

President of the Academy 

Secretary ot: the Board 

Treasurer of the Board 

Academy Director of Federal 

Programs 

Joseph L. Fisher 

Robert P. Biller 

Ray Kline 

Sheldon S. Cohen 

Anita Alpern 

Don Wortman 

ii 
200 

PREFACE 

The Academy is pleased to submit this report 

of its survey of the physical condition of jails on Indian reservations. The survey vas conducted at 

the request of the Office of Construction 

Management in the Department of Interior. 

The study team and the Academy Panel, chaired 

by Norman Carlson, former director of the u.s. Bureau of Prisons, appreciates the support and 

cooperation received from officials and personnel 

of the Department, the Bureau of Indian Affairs and 

the Tribal Governments involved in the survey. 

We understand that the Office of Construction 

Management and the Bureau of Indian Affairs are already taking action to correct many of the 

deficiencies identified in the site reports. We 

trust that implementation of the report 

~~o~:;~•tion• vill im~~~~dition• found 

P;rsid~~~ 

i l l 
201 

EXECUTIVE SUMMARY 

In the summer of 1988, a study team of the National 

Academy of Public Administration (NAPA) visited 37 jails on Indian reservations. The common link in 35 of those jails is 

that they are operated and maintained by funds appropria.ted to 

the Bureau of Indian Affairs (BIA) in the Department of the 

Interior. The team also visited two jails funded by the Navajo 

Tribe for background information and comparison purposes. 

These are primarily jails for misdemeanants. People 

charged with felonies are usually moved quickly into federal 

custody at other locations. 

The primary objectives of the survey were to determine 

operation and maintenance IO,M) costa, evaluate the condition of 

the facilities and develop recommendations to address any 

problems found. 

Because O•M funds at the reservation level are not 

administered nor accounted for by function, the NAPA staff could 

not confirm or evaluate the adequacy of o•M funding for each 

jail. In general, the staff found that most jails, even though 

operated adequately, are maintained at minimum levels with 

inadequate attention to health and safety hazards. They range, as was expected, from very good to very bad. 

It was clear to the NAPA team that the individual jails were a microcosm of their tribal community. If the community 

placed hiqh standards on the health and safety of its residents, 

then this was reflected in the jail. Where it did not, as was the case in some communities, those detention facilities 

reflected that fact. 

It was also clear to observers that fundinq alone is not 

the solution to maintenance problems. Poorly maintained jails 

frequently reflected problems of manaqerial competence which 

would have to be addressed before additional 05M fundinq would be 

justified. Lack of coordination between maintenance and 

detention staff, frequent turnover of staff in key jobs, inadequate managerial traininq, poor use of inmate labor and lack 

of scheduled maintenance all contributed to the conclusion that 

additional money is not the exclusive corrective measure for the 

deficiencies observed. Also, it is important that facilities 

improvement and repair or construction funds not become a reward 

for agencies or Tribes which improperly operate and maintain 

existing facilities. 

Two facts heavily influenced all findings in ttas study. The first is that 95-99 percent· of the inmates are jailed because 

of alcoholism and alcohol related (e.g., drunk and disorderly or 

v 
202 

family abuse) problems. Most of those charqed are known to the 

law enforcement officers as repeat offenders. The second is th< 

these jails are poorly desiqned for the custody that these 

inmates require. Most are maximum security jails with cells 

arranqed in straight lines, constructed of heavy concrete and 

steel in which direct supervision of inmates is not possible. They are expensive to build and expensive to operate. 

Given the breadth of the problems identified in this 

survey and the realities about how much improvement can be 

effected in a year or two, we do not reco1111!)end .remodelinq detention centers as a solution. However, we recommend that al 

future jail renovation and construction efforts follow the 

contemporary "New Generation" design concepts. These concepts 

rely on continuinq visual supervision of inmates and a normaliz • atmosphere in the jail. This approach has been found, in many 

communities, to be economical in terms of human and dollar resources. The "New Generation• approach is endorsed by the 

National Institute of Corrections. 

Despite the problems found at many facilities, there we some facilities where proqram and maintenance operations we•e excellent. These facilities .could be used to showcase exceller. 

in operations and maintenance and to reorient jail management 

towards detoxification and treatment as distinguished from only 

detention. Training activities should take place on-site a~ 

these facilities to demonstrate effective prc;ram and facillty 

operations. 

Finally, we recommend more strinqent administration of 

Public Law 93-639 self-determination agreements, consideration 

local maintenance records when approvinq new construction, 

improved manaqement training for law enforcement chiefs and 

maintenance supervisors and an improved inspection proqram by ~ 

Bureau's area offices. More exacting administration of 

agreements may, however, be difficult in liqht of P.L. l00-4::, 

the 1999 amendments to P.L. 93-639. This recently enacted 

legislation is likely to make implementation of standards by t!-. 

BIA more difficult. Even in this environment, traininq for la·..; 

enforcement and facilities staff is crucial. 

vi 
203 

T~LE OF CONTENTS 

Officers of the Academy 

Preface 

Executive Summary 

I. Introduction 

II. Observations 

ii 

iii 

v 

1 

3 

A. Desiqn Characteristics of Detention 3 

Facilities 

B. Characteristics of Inmates 3 

c. Supervision of Inmates 4 

D. Verifyinq Operations and Maintenance 5 

Obliqations 

E. Overall Quality of Maintenance 5 

F. Health and Safety Maintenance Concerns 6 

G. Fire Safety Deficiencies 7 

H. Inventory of Maintenance Requirements 7 

I . Evaluation Aqainst New Detention Standards 8 

J. Manaqement and Staffinq Differences 9 

III. Recommendations 11 

A. Adopt New Generation Jail nesiqns 11 

B. Develop Area Facility Demonstration Sites 12 

c. Reorientation towards Detoxification and 12 

Treatment 

D. Enhance Management Capabilities 13 

E. Priority Attention to Health and safety 14 

Deficiencies 

F. Enforce Public Law 93-638 Agreements 14 

G. Consider Local Maintenance Records in 15 

Approving New Construction 

H. Improve Budget Coordination, Policies and 15 

Inspections 

vii 
204 

APPENDICES 

A. Detention Centers Surveyed 

B. Survey of Indian Detention Facilities 

Study Methodology 

c. Staff Biographies and Advisory Panel 

Membership 

viii 

17 

19 

21 
205 

I. INTRODUCTION 

This report is the result of a 198·8 survey of 37 

detention facilities on Indian reservations under the c-ognizance of the Bureau of Indian Affairs, (BIAI. These facilities are listed in Appendix A. The survey was performed by the National 

Academy of Public Administration (NAPA) under a contract with the 

Office of Construction Management (OCMI in the Department of the 

Interior (OOI). 

Management of these facilities takes different forms. 

Thirty-one are owned by BIA7 one is leased by BIA: five are owned 

by the Tribes (including the two Navajo jails). For 22 of the 35 

jails, the BIA is responsible for both the law enforcement 

program and the operational maintenance of the jail. For five, 

the Tribal Government has both responsibilities under selfdetermination (Public Law 93-638) contracts. For eight, the BIA 

has the operation and maintenance (O,M) responsibility while the 

Tribe performs the law enforcement function. 

The term O'M as used here includes the costa for 

utilities and custodial work, including routine preventive maintenance. 

The Bureau of Indian Affairs is a decentralized 

organization administering 84 agencies at the reservation level 

through 12 area offices. This survey covered facilities in seven area offices: the other five area offices did not have BIA funded 

jails. 

The ' survey had these purposes: 

Evaluate the physical condition of detention 

facilities, e~phasizing health and s&fety hazards. 

Verify building operations .and maintenance (O&M) 

obligations for fiscal year 1985-87. 

Develop a management strategy to address any problems or deficiencies identified. 

Five NAPA observers conducted on-site reviews. Each was selected for their experience in corrections, management and 

architecture. Observers visited sites during July, August and 

September 1988, and prepared site reports with photographs. Ob6ervers reported that, without exception, BIA and Tribal 

officials graciously cooperated in assisting observers to arrange the visits and in responding to observers' requests for 

information. 

- 1 -
206 

In offering their observations and recommendations, the 

NAPA observers are sensitive to the difficulties of generalizing 

about Indian Tribes. Each reservation they visited reflected the 

unique culture and values of the Tribe, and the observers came to 

realize that wide differences exist. The observers also gained appreciation for the complexities which attend BIA's 

administration of Indian affairs. The function of jail 

management, alone, involves the BIA central office, area and 

agency officials. It includes coordination and negotiations 

with: federal, state and local law enforcement officials; the 

Indian Health Service of the Department of Health and Human 

Services1 the Tribes, which are ~ver conscious of their sovereigr. statua1 and the Congress. 

NAPA observers are also aware of, and appreciate, the 

many measures, planned and underway, whereby the bureau is 

improving the management of detention facilities. These include 

adopting the so-called •PONI• !Planning of New Institutions) 

process which gives Tribes and other governmental entities voices 

in planning new construction. In the past, Tribes had little or no opportunity to provide advice. Another example is the 

development of new detention standards for BIA and Tribal jails. 

Clearly the bureau is in a .major perio.d of transition. 

What follows are the overall findings of the NAPA 

observers .and their recommendations. 

- 2 -
II. OBSERVATIONS 

A. Design Characteristics of Detention Facilities 

Most facilities are small with accommodations for 

approximately 10 to 20 inmates. Typically, these facilities were buil: in the 1960s and 70s with Law Enforcement Assistance 

Administration funds. Similar jails are found in small and larce 

communities throughout the country. · 

In most cases, the facility houses the uniformed police 

headquarters and the Tribal court, in addition to the jail. Nearly all facilities are of •linear• design, i.e., with blocks 

of cells arranged in straight lines. This means that the 

detention staff can only provide intermittent supervision by circulating around the cellblocks periodically. Almost all 

facilities are of masonry and/or reinforced concrete and are designed as high security institutions with hardware, plumbing 

and accommodations ordinarily associated with higher risk jail 

and penal institutions. It is apparent that prisoner security was the controlling concern in designing all facilities. Few 

designs reflect concern for any correctional or rehabilitative 

efforts which might be undertaken within the jail, e.g., meet~ng 

rooms usable for substance abuse counseling. Many facilities co not even include such amenities as dayrooms or dining rooms. Effective inmate supervision in jails of this design requires a staff complement beyond what is presently available and what is 

reasonable, given the number of inmates. 

B. Characteristics of Inmates 

Law enforcement officials are unanimous in estimating 

that alcoholism is the cause of 95-99 percent of incarcerations on reservations. Most inmates have been jailed repeatedly and are well known to law enforcement and detention officers. When 

sober, inmates are rarely violent and seldom endanger citizens, 

detention staff members or each other. 

However, strong suicidal tendencies often accompany 

alcoholism on reservations. Too frequently, inmates attempt suicide and are successful. For example, in the facilities 

visited, detention officials report that at least 14 inmates 

committed suicide during the past five years. Attempted suicides i~ the larger facilities occur as often as once a month. 

- 3 -
208 

Currently, the main function of reservation jails is to 

permit alcoholics to sober up. To be sure, a small percentage o : inmates are serving sentences of up to one year for misdemeanors. 

In addition, on occasion, an alleged felon is held a day or two 

pending transfer to a state or federal facility. However, the 

vast majority of inmates are intoxicated when booked and are locked up to protect themselves and other citizens from harm. They may remain in the facility only long enough to become sober or they may serve a brief sentence, depending on the local Triba . court and the capacity of the jail. In any case, they are likel: to be released within hours or days and, regrettably, the cycle is likely to be soon repeated. 

The process of sobering up inmates is only rarely supervised by medical professionals and does not warrant the t er: "detoxification.• Indian Health Service IIHS) doctors make 

regular visits to only a few jails. Ordinarily, inmates sober u: on the floor of the "drunk tank." They are sent to the loca l ! H. hospital or clinic only if the detention officials detect 

symptoms of convulsions or delirium tremens. 

Assaults are not a problem. If inmates are occasionallv disorderly, it usually occurs at time of booking or in the tankwhile the individuals are still intoxicated. 

Few juveniles are locked up . This is probably due t o t·~· 

factors: l) communities prefer not to lock up juveniles and 2! 

many jails, by their de~ign, do not permit segregation of juve- niles. 

C. Supervision of Inmates 

NAPA observers report no evidence of abusive treatment c inmates. On the contrary, a tolerant gentleness appears to 

characterize the management of most facilities. Law enforcement 

staff members are sensitive to the fact that most inmates are simply afflicted with the disease of alcoholism. 

However, observers also noted a disturbing lack of ~a~ 

supervision and discipline. This was revealed by the lack of 

cleanliness and order found in many jails. Worse , a lack of 

inmate supervision contributes towards successful suicide 

attempts, vandalism of the facility and a large number of 

escapes, usually "walk-aways." 

- 4 -
200 

In small and medium facilities, inmate supervision is 

ordinarily accomplished by a staff of three to five detention 

officers or guards. One or two officers, plus the dispatcher, are usually on duty from 8 a.m. until midnight although in a few 

facilities there were no detention officers. From midnight to a a.m., the police radio dispatcher is frequently the sole 

supervisor of inmates. In these situations, the dispatcher is 

expected to maxe the rounds of cells every 30 minutes 

(ordinarily) and also to attend to police radio dispatching 

duties. 

D. Verifying Operations and Maintenance Obligations 

NAPA observers found it impossible to accomplish one of 

the survey objectives of verifying detention facility operations 

and maintenance (O&Ml obligations for fiscal years 85-87. O&M 

funds are allocated to agencies by area offices. Ordinarily, 

these are lump sum allocations for the entire agency and are not 

suballocated by function or facility. It is the responsibility 

of the agency superintendent to determine the amount of resources (funding and staff) to be spent or assigned to each function or facility. Records of such expenditures are available at the 

agency level in the form of journals, invoices and maintenance 

requisitions. However, time constraints did not permit observers 

to segregate records of resources spent exclusively on detention 

facilities. 

E. Overall Quality of Maintenance 

Observers' reports reveal that detention facility 

maintenance ranges widely from excellent to poor. Many need 

extensive maintenance attention. There was little evidence of a scheduled maintenance or inspection program for these facilities. 

The observers' assessments of the quality of maintenance 

and sanitation in the individual detention centers is summarized 

in the following table. 

Maintained by 

B!A (30) 

Maintenance Sanitation 

Poor 

Satisfactory 

Excellent 

Inappropriate 

to JUdge (facility 

just open•d or was unoccupied) 

15 

9 

5 

11 

10 

7 

2 

- 5 -

Maintained by Tribes (7) 

Maintenance Sanitat~c~ 

4 

2 3 

1 0 

0 0 
210 

As revealed by observers' site reports, jails which are marginally or poorly maintained are so for a variety of reasons. In some cases, observers found that insufficient resources have 

been available. However, the observers believe additional 

dollars are not the ultimate solution to most maintenance 

problems. The predominant reason for poor maintenance appears to 

be simply poor management. Observers cite failures in budgeting 

for jail maintenance; reluctance to hold facilities management 

and law enforcement officials accountable; lack of organizational 

discipline, starting wi th"in the jail and extending upwards; 

minimal oversight or inspection by agency and area officials; and 

lack of policy guidance from top management. 

A major failure throughout the jails was not using 

available inmate labor. In some cases this failure appeared to 

be due to a lack of supervision and the subsequent concern about 

"walk-aways." Many routine maintenance tasks can be accomplished by inmates, but in too many cases our observers found inmates 

idle and no evidence that they were used to maintain their 

environment in a clean and orderly manner. With appropriate 

incentives and disincentives, inmates will work. 

It should also be noted that a number of detention 

facilities owned and maintained by BIA were deeded or retroceded 

to the bureau by the local Tribes. At these locations, the 

agency officials, without exception, advised NAPA observers that 

the facilities had been in deplorable condition when received 

from the Tribes. Under Public Law 93-638, Tribal Governments car. decide those functions they want to operate. The Secretary o~ 

Interior is directed to enter into a self-determination contract 

within 90 days of a request from any Indian tribe unless: 

l. the services to be rendered to the Indian beneficiaries 

of the particular program or function to be contracted 

will not be satisfactory: 

2. adequate protection of trust resources is not assured: o= 

3. the proposed project or function to be contracted for 

cannot be properly completed or maintained l::: the 

proposed contract. 

F. Health and Safety Maintenance Concerns. 

Serious maintenance problems and inadequacies bearing on health and safety are found in a number of facilities and are 

categorized as follows: 

- 6 -
211 

Inadequate or malfunctioning heating, ventilation and/or air conditioning 

systems. 

Frequent overcrowded conditions 

(excluding such occasions as fairs, 

rodeos or pow-wowsl. 

Fire safety deficiencies. 

Plumbing problems . 

Lighting problems, including 

inoperative emergency lighting . 

Major design or structural 

deficiencies. 

Night supervision by dispatcher only. 

G. Fire Safety Deficiencies 

Number of Facilities 

in Which Observed 

16 h? ' 

' 7,.; 

14 / /' ~-

141 

ll 

17 

14 

The number . of fire safety deficiencies observed in 

detention facilities are of high concern and warrant priority 

attention to correct. Here are some examples: 

These facilities do not generally hold fire drills. 

Self-Contained Breathing Apparatuses (SCBA's) were found at only one facility. 

Rotten or inoperative fire hoses were found at three 

facilities. 

Inoperative smoke/heat detectors, fire alarms, or sprinkler systems were found at six facilities. 

Inoperative emergency lights or emergency qenera~ors 

were found at six lo~ations. 

H~ Inventory of Maintenance Requirements 

The Bureau's facilities management office in Albuquerque 

operates a computerized ~ystem which, among other purposes, 

provides an inventory of major repair backlog requirements on the 

reservations. It is called FACCOH (Facilities Construction, 

Operations and Maintenance Sy~tem). While the system may be 

- 7 -
212 

useful at headquarters and area offices, observers reviewed the 

items contained in that inventory with local maintenance and law 

enforcement officials and found little relationship between their 

listing of needs and what was contained in FACCOM. It appeared 

that much of the data was out-of-date. 

I. Evaluation Against New Detention Standards 

The BIA Division of Law Enforcement Services ILESl issue~ 

new "Adult and Juvenile Detention Standards" in mid-1988. These 

standards are based on the Alllerican Correctional Association's 

standards for adult and juvenile detention facilities and were prepared with the assistance of representatives of the National 

Institute of Corrections and the federal Bureau of Prisons. 

None of ·the detention facilities NAPA observers visited 

could meet the new BIA standards. Only one or two could approach 

meeting standards and even for them it would require a substantial investment in developing policies and procedures. 

There were numerous deficiencies in the areas of health and 

safety as outlined in the preceding sections. Additional 

deficiencies include, but are not limited to: 

1. Cell square footage is inadequate in many 

facilities. 

2. There is no •cont'inuing observation" of multiple 

occupancy cells. To correct this would require 

hiring many more detention officers and/or maJcr 

reconfigurations of facilities' cellblocks. Nearly 

all facilities visited are of linear design. 

3. Cells in many facilities have no natural light. 

4. Space for day rooms or multi-purpose rooms is 

unavailable at many facilities. In addition, i~coc~ 

or outdoor exercise areas are unavailable at man y 

locations. 

5. Staffing at most facilities allows only one law 

enforcement staff member, the dispatcher, to be on duty during the midnight to 8 a.m. shift. The 

standards would require two staff members at all 

times. 

The standards would require that numerous plans, polic i es and procedures be developed and maintained at the local level. 

In addition, a wide variety of repc-rts and certifications would 

be required. Law enforcement officers would find these tasks 

impossible with present staffing levels. 

- 8 -
213 

LES recoqnizes that new standards can only be implemented on an incremental basis and implementation is not required until 

LES has published an accreditation system. However, the 

standards are raisinq Tribal expectations that the bureau will 

build new detention facilities to meet the standards and will 

staff current facilities at levels envisioned by the standards. 

Tribal expectations often exceed real needs. Further, it should 

be recoqnj zed that if the .standards are finally implemented, the 

local law enforcement entity's liability to civil suits may be 

increased. 

J. Management and Staffing Differences 

There are wide differences in how reservation jails are owned, managed and staffed. Either the bureau or the Tribe may own the facility, provide maintenance, or be responsible for law 

enforcement and detention functions. Where Tribes are responsible for law enforcement or maintenance functions, their 

programs are usually based on Public Law 93-638 selfdetermination aqreements, whereby the Tribes are reimbursed for 

performing bureau functions. Under that law, Tribes can unilaterally decide those functions they want to operate. ·This 

permits them to also turn functions back when they want to. BIA 

operates in an environment in which they are held accountable to a deqree which is in excess of their actual authority to effect 

chanqe. 

Public Law 93-638 was modified in ?ctober of 1988 with 

the .passage of "The Indian Self-Determination and Education 

Assistance Act Amendments of 1988." The followinq excerpts ~rom 

the Senate Select Committee on Indian Affairs report on this law 

show that the intent of these amendments is to further reduce the 

federal government's role in the administration of 

self-determination contracts. 

"The amendments are consistent with the philosophy that 

the Federal Government should not intervene in the 

affairs of State, local or tribal governments except in 

instances where civil rights have been violated, or gross negligence or mismanagement of federal funds is 

indicated." 

"The amendments clarify that the Secretary is not to 

consider any program or portion thereof to be exempt from 

self-determination contracts." 

"The burden of proof for declination is on the Secretary 

to clearly demonstrate that a tribe is unable to operate 

the proposed proqram or function." · 

The Bureau's operating environment is likely to be even more difficult with these changes to the law. 

- 9 -
214 

With reqard to staffing, NAPA observers found no indication that agency superintendents are quided by either 

bureau or area staffinq plans (sometimes called tables of 

organizations) in staffing the law enforcement and facilities 

manaqement functions or in requirinq Tribes to staff P.L. 93-638 

functions. As a result, there are wide differences in staffing 

levels. 

It should be noted, in this context, that agency-level 

managers are responsible for budgetinq and accountinq for all 

employee salaries and benefits. Funds for employee compensation are included in program allocations to the aqencies. Temporary 

employees are frequently hired as hedqes against unforeseen 

proqram requirements. This resuits in an unstable workforce. 

- 10 -
215 

III. RECOMMENDATIONS 

A. Adopt New G~neration Jail Oesiqns, 

"New Generation• is a term used by corrections officials 

to refer to a different approach to designing and managing jails. 

BIA is adopting this concept in its planning for new facilities 

at Eagle Butte and Ft. Peck. The NAPA study team believes BIA 

should adopt the New Generation concepts in all renovation and new construction projects. · 

In a New Generation jail, the usa of detention hardware 

and related materials is tailored to specific requirements based on differential classification of detainees. While that portion 

of the jail which houses maximum security detainees has maximum 

security hardware, the building is mostly constructed of 

standard, but durable, materials. The floor plan is podular, 

i.e., with detention officers' posts in central locations 

commanding maximum views of inmates' living and sleeping areas. To the extent practicable, the jail has a "normalized" atmosphere 

with conventional furniture, pay telephones and television. It p~~vides inmates with access to recreation, communication and s :ialization. · 

The most important element in a New Generation jail is 

the staff. This type of facility requires detention officers to 

be posted within the housing unit on a 24-hour basis, providing 

continuous supervision of inmates' activities, controlling 

privileges, and providing leadership. This type of inmate 

supervision pa;,s large dividends in human and dollar values. 

Suicide is rare, vandalism is minimized, inmates provide better 

maintenance of the facility, and fights can be broken up 

immediately if not preempted altogether. 

While the appearance tnd the atmosphere of the New 

Generation jail is normalized, such a facility must contain some "hard" space in which inmates can become sober and for those few 

who are high risk or violent detainees, The hard spaces, or cells, deny those occupants the comforts and conveniences offered 

elsewhere in the facility, and are tools for effective 

supervision and detention of inmates. 

The New Generation approach to building and managing 

jails has been pioneered by a number of municipalities throughou~ 

the country and is endorsed by the National Institute of 

Corrections, the American Institute of Architects' Committee on Architecture for Criminal Justice and the American Correctional 

Association. 

- 11 -
216 

B. Develop Area Facility Demonstration Sites. 

There is a limit, given the organizational realities and 

the resources available, as to how extensive OCM and LES's 

corrective action can be, given t·he site-by-site deficiencies 

contained in the observers' reports. However, we recommend that 

in the four or five areas where there are the most BIA 

facilities, the bureau use as a training or demonstration site one of the better operated and maintain'ed jails. Such jails 

could then be used to demonstrate to other BIA and Tribal 

managers what can be achieved with improved management, with 

consistent attention to routine maintenance and with better 

inmate supervision, including incentives to condition inmate 

behavior. 

To the extent permitted by structural constraints, BIA 

should also employ the New Generation concepts of continuous 

supervision and a normalized atmosphere. 

Effective training of LES and facilities management 

personnel could ba built around these jails. Their operation and 

maintenance costs and their staffing patterns would provide the 

3ureau with necessary baseline information for calculating the 

costs of upgrading other facilities and for anticipating the 

costs of facilities run under Public Law 93-638 agreements. We 

believe that each area has one or more detention sites that can be used in this fashion. 

c. Reorientation Towards Detoxification and Treatment. 

Detoxification of an alcoholic is the process of 

permitting and facilitating the individual's physical and 

emotional systems to become free of the influence of alcohol and 

to stabilize. This process takes from two to seven days: the 

alcoholic should re~eive supervision by an individual who has 

received paraprofessional training in detoxification, including 

knowledge of symptoms requiring medical attention. 

Detoxification is a necessary prerequisite to treatment for 

alcoholism (or other substance abuse) and to acceptance, by the 

individual, of treatment. Since alcoholics are most likely to 

become depressed and suicidal during detoxification, the process 

requires continuing supervision. 

The Indian Health Service and the Bureau have launched 

initiatives aimed at the prevention and treatment of alcoholism a~ other substance abuse on.reservati~ns. These measures . include planning for two fac~lities wh~ch will combine detentlon 

with treatment for substance abuse. We endorse these efforts and 

recommend that, consistent with these initiatives, the management 

of Indian jails be directed from a security or detention 

orientation towards a more authentic detoxification ana 

- 12 ·-
217 

treatment orientation. Such reorientation would recogn i ze the 

real nature of most inmates ' problems and, over the long term, 

encourage successful treatment at the reservation level. 

This recommendation is not to suggest that the bureau 

minimize the importance of the detention function. Public safety 

will continue to require heavy security for the few inmates who are dangerous. However, NAPA's observers returned from their 

site visits with the strong conviction that the present focus on. security is an inadequate response to the universal problem, on Indian reservations, of alcoholism. 

NAPA recognizes .that resources will not permit medical 

detoxification of all alcoholic inmates nor their sentencing 

to treatment at rehabilitation centers. However, just as some well maintained jails with New Generation concepts could be 

established, we believe that model detoxification and treatment 

programs, with specially trained detention staff members, could 

be established at a limited number of locations. Further, as the 

bureau and IHS and Tribal Councils move closer towards offering 

treatment at all reservations, these local detention staff 

members, trained at the demonstration facilities, will be better 

prepared to support these broader efforts. 

The programs we suggest would require more training of 

law enforcement staff members in proper detoxification 

procedures. Perhaps more importantly, it would require local law 

enforcement and detention offici.als to ass11111e more proactive 

roles in encouraging Tribal judg~s to sentence inmates to 

treatment and in persuading Tribal Councils to commit funds for 

treatment facilities within the Indian priority system for 

budgeting funds. Any such program would also require the local 

IHS facility to commit staff time to providing the necessary 

medical supervision and support. In order to assure effective 

coordination between IHS and BIA, congressional directives may be 

required. 

o. Enhance Management Capabilities. 

Underlying several of the observers' conclusions is the 

perception that the detention and facilities management 

capabilities need to be enhanced in terms of discipline, 

consistency, accountability and training. Supervisors in law 

enforcement and maintenance need managerial training and the 

encouragement of their agency and area supervisors to see their 

functions in a larger context than many of them now do. Too 

often, law enforcement chiefs did not take responsibility for the 

condition of their facilities. Agency superintendents need to 

provide stronger direction in coordinating the maintenance and 

law enforcement functions if their facilities are to impro vP.. 

But, in the last analysis, it is the chief law enforcement 

official who is responsible for the condition of the jail. 

Pin-pointing that responsibility is basic to good management. 

- l3 -
218 

E. Priority Attention To Health and Safety Deficiencies 

Immediate attention is required to correct many health 

and safety concerns identified in the site reports. The fire 

safety deficiencies should receive top priority. In connection 

with fire safety, we recommend that: 

At least two self-contained individual breathing 

apparatuses be purchased for every facility. 

Fire drills be instituted at all facilities. 

(Drills would release inmates from cells to a central location, not to the street.) 

All electronic smoke/heat alarm systems be tested on a regularly-scheduled basis with records kept documenting each test. 

All fire extinquishers be inspected and recharged annually. 

All fire hoses be pressure tested annually. 

All electronic locks be evaluated in terms of their 

reliability in case of fire and possible power 

failure. 

The padding in all padded cells be removed. Such 

padding produces very toxic smoke when ignited. 

Padded cells are not recommended for any instit tio r 

such cells are actually of little value in pre r 

suicide and qive detention staff members a false sense of security. 

For many of the steps outlined here, training of staff would be 

necessary. 

F. Enforce Public Law 93-638 Agreements 

This report recognizes that Public Law 93-638 agreements 

providing self-determination reflect public policy in Indian 

affairs. However, visits at some Tribal jails and review of 

Public Law 93-638 documents at the reservation level have 

convinced NAPA observers that the Bureau must move towards more ~tringent admini~tration of these agreements. 

Many of the same problems witnessed by Academy observers 

in Tribal facilities also appeared in jails run by BIA. Howe.,e:: 

the P.L. 93-638 agreements themselves lack specificity regardi ng 

programs to be performed, facilities to be utilized and . . performance standar6s to be met. It a~pears the bureau 1s e1the 

unwilling or unable to deny Public Law 93-638 agreements based or the Tribe's previous performance. 

- 14 -
219 

It may be that the bureau has not provided su·fficient 

traininq or monitorinq to support Tribal performance under these 

aqreements. In any case, it appears that the Public Law 93-638 

process, as it is beinq applied to detention facility--- . maintenance, is not workinq effectively. 

G. Consider Local Maintenance Records in Approvinq New 

Construction. 

Even where clearly established needs for new construction 

exist, it is important that the bureau review the Aqency's and 

Tribe's record in maintaining existing facilities. Too often, 

the NAPA evaluators found examples where adequate facilities had 

been allowed to deteriorate. These examples included facilities 

maintained by the bureau and by Tribes. 

Appropriations for new facilities should not be granted ~here there is little likelihood that the facilities will be 

operated and maintained adequately. In this connection it should 

be recoqnized that the Indian priority system of administering 

loca: =eservation budgets heavily affects the bureau's ability to 

staft and maintain local law enforcement and detention programs. 

New construction dollars should not be spent at reservations 

where Tribes, through either the Public Law 93-638 process or the 

Indian priority system, have shown a disinclination towards 

maintaining or staffing facilities. 

H. Improve Budget Coordination, Policies and Inspections. 

The NAPA study team recommends these measures: 

All appropriation requests for new facilities and 

major renovations should address both staffing and 

maintenance requirements for the facility. NAPA 

observers identified sever.al facilities in which 

coordination on these resources had not occurred. 

As a result, these facilities were either vacant or not fully utilized. 

Publish bureau-wide detention policy and procedural guidance for reservation jail use after securing the 

views of reservation law enforcement officials. The new detention standards will require volumes of 

locally-published policies; there appears to be no need for such redundancy of effort. 

Institute annual maintenance inspections by area office staff with emphasis on health and safety. Assure appropriate follow-up on deficiencies. 

- lS -
220 

DETENTION CENTERS SURVEYED 

ABERDEEN AREA - ll Facilities 

Cheyenne River 

Sioux Agency 

(Eagle Butte) 

Crow Creek 

Sioux Agency 

Fort Berthold Agency 

Fort Totten Agency 

Lower Brule 

Sioux Agency 

Pine Ridge Agency 

(Pine Ridge) 

Pine Ridge Agency 

(Kyle) 

Rosebud Agency 

Standing Rock Agency 

Turtle Mountain Agency 

Omaha Agency 

ALBUQUERQUE AREA - 2 Facilities 

Mescalero Agency 

Zuni Pueblo 

BILLINGS AREA - 6 Facilities 

Blackfeet Agency 

Crow Agency 

Fort Belknap Agency 

Fort Peck Agency 

No~thern Cheyenne Agency 

Wind River Agency 

- 17 -

Appendix A 
MINNEAPOLIS AREA - 3 Facilities 

Menominee 

Red Lake Agency 

Minnesota Agency (Nett Lake) 

221 

~ - 2 Facilities (owned and Operated by Tribe) 

Tuba City 

Chinle 

PHOENIX AREA - 10 Facilities 

Fort Apache 

San Carlos Agency 

Hopi Agency 

Pima Agency 

Tohono O'dahUI 

Truxton Canyon Agency (Peach Sprinqs) 

Truxton Canyon Agency (Supai) 

Eastern Nevada Aqency (Owyhee) 

Uintah • Ouray Aqency 

Salt River Tribe 

PORTLAND AREA • 3 Facilities 

Quinault Agency 

Spokane Agency 

Warm Springs Aqency 

75-507 0 - 94 - 8 

- 19 -
222 

Survey of Indian Detention Facilities 

Study Methodology 

Appendi x S 

In the spring of 1988, before negotiating the contract 

with NAPA, the Office of Construction Management sent 

questionnaires to BIA agencies to obtain facts about detention 

programs and facilities and to secure agency-_level advice 

regarding operations and maintenance issues. The responses were furnished to the Academy and were important sources of 

information. 

Prior to visiting the detention facilities, the NAPA 

observers met at the Bureau's Facilities Management and 

Construction Center in Albuquerque, New Mexico, for orientation 

by facilities management and law enforcement staff members. 

Discussions included the responsibilities for building, managing 

and funding reservation facilities: the role of the Tribes in 

performing BIA functions under the Indian Self-Determination Ac~ 

of 1975: law enforcement on Indian reservations; the new BIA 

standards for detention facilities: and the impact of Indians' 

cultures and perspectives on reservation law enforcement and 

facilities management concerns. This meeting included visits to 

the detention facilities at the Zuni and the Mescalero Apache 

reservations. At the conclusion of this orientation, the NAPA 

staff reached agreement on the format for uniform site reports. 

Following the Albuquerque meeting, the expert obser•Jers 

made pilot visits to seven detention facilities. Then they met 

in Minneapolis in July to assure uniformity in their use of the 

reporting instrument and in their approaches to the on-site 

visits. 

On-site visits were conducted during the months of July, 

August and September of 1988. On September 21, Academy staff 

members met with officials representing the department's Office 

of Construction Management including the Albuquerque Center, the 

BIA Division of Law Enforcement Services and the Indian Health 

Service of the Department of Health and Human Services. In this 

meeting the observers shared their findings and tentative 

conclusions and recommendations and the outline of a final report was developed. 

On October 5, 1988, an Academy Advisory Panel was convened to review all findings, including a detailed 

recapitulation of facts and observers' views on each facility. 

The panel also reviewed the NAPA staff's draft of the final 

report. Panel members are identified in Appendix C; they were selected for their expertise in corrections, substance abuse and 

facilities management and for their personal knowledge of the 

Indian cultures. This report profited much from panel members' 

observations and advice; however, the report is a product of t he 

NAPA study team rather than the panel. 

- 19 -
Appendix C 

STAFF BIOGRAPHIES AND ADVISORY PANEL MEMBERSHIP 

NAPA PROJECT STAFF 

Project Co-Director 

DON I. WORTMAN is a Fellow of the Academy and serves as its 

director of federal programs. He served in top management 

positions at the Atomic Energy Commission, Office of Economic 

Opportunity, Price Commission, Cost-of•Living Council, HEW's 

Planning and Evaluation Office, Social and Rehabilitation 

Service, Health Care Financing Administration, Social Security 

Administration and the Central Intelligence Agency. He is 

currently a consultant to the Comptroller General. 

Project Co-Director 

NORMAN A. CARLSON is a Fellow of the Academy who for 17 years was director of the federal Bureau of Prisons. During his 30 

year career in criminal justice, among the facilities at which he 

worked were the U.S. penitentiary at Leavenworth, Kansas and the 

federal correctional institution at Ashland, Kentucky. He was president of the American Correctional Asgociation from 1978 to 

1980 and remains a member of its Delegate Assembly. He is 

internationally recognized for his work in the criminal justice 

system. 

Observers 

STEVE GRZEGOREK served 23 years as a career executive with the 

federal Bureau of Prisons. He recently retired as regional 

director for the Northeast Region, a post he held for nine years. 

He has held various positions in federal, state and local 

government including warden, associate warden, chief of 

facilities development, correctional advisor to state 

administrators and u.s. probation officer. 

GARY MOTE, AIA, is a former assistant director of the federal 

Bureau of Prisons where he was responsible for the design and 

construction of new facilities as well as modernization of 

existing facilities. During the past seven years he has been a consultant in various capacities to the federal government and to 

state and local governments. 

- 21 -
2U 

NATE BENTSON is retired after 32 years of personnel management experience with the federal qovernment in the Navy, Treasur1 and 

Justice Departments and with the Federal Labor Relations Council 

and the Nuclear Requlatory Commission. His career focused on policy development and the analysis and evaluation of operations. 

He was responsible for substance abuse education at the 

Department of Justice and the Nuclear Requlatory Commission. 

Executive Assistant 

SAMMIE HEAR's qovernment career includes confidential posts in 

the immediate office of the president as well as a number of 

executive otficer and senior staff assistant positions in the 

immediate office of the secretary in the Department of Health, 

Education and Welfare. She served on the staff of the National 

Academy study on "Revitalizinq Federal Manaqement" and various 

other Academy studias. 

- 22 -
ADVISORY PANEL MEMBERSHIP 

*NORMAN A. CARLSON, Panel Chair 

Director (retired) of the U.S. Bureau of Prisons 

DR . JOSEPH BLOOM, Chair 

Department of Psychiatry, Oregon Health Sciences Un i versity, 

Portland Oregon. Formerly served with the Indian Health Service . 

DR. THOMAS R. BURNS, Special Assistant to the Chief, 

Alcoholism/Substance Abuse Program Branch, Indian Health Service, 

Department of Health and Human Services. 

BENITA COOPER, Assistant Administrator for Headquarters 

Operations, NASA Headquarters. 

DR . EUGENE LEITKA, former Dean of Instruction, Haskell Indian 

Junior College and Assistant Director, Office of Technical 

Assistance and Training in BIA. 

MICHAEL A. O'TOOLE, Chief, Jails Division, National Institute of 

Corrections, Department of Justice. 

*BRADLEY H. PATTERSON, JR., Consultant and former Federal manaqer 

who was responsible for the coordination and liaison by the White 

House on ~ndian programs. 

WILLIAM PERRY, Attorney with Sonosky, Chambers and Sachse, who 

specializes in legal issues concerning Federal law and the rights 

of Indians and their tribal governments. 

ROBERT J. WATSON, Commissioner, Department of Corrections of the 

State of Delaware. 

• Elected Fellows of the Academy. 

- 23 -
226 

SELEcrED ACADEMY PUBLICATIONS 

Prospects for the Item Veto at the Federal Ltvtl: Ltssons from the Statts ( 1988} 

Welfare Reform Dialogue: Implementation and Operational Feasibiliry Issues (19881 

Strengthening tht U.S.·Soviet Communications Process to Reduct tht Risks of Misun· 

derstandings and Conflicts ( /9871 

Third·Parry Government and the Public Manager: Tht Changing Forms of Government 

Action (1987} 

Presidential Management of Rultmaking in Regulatory Agencies (1987) 

Tht Quiet Crisis oftht Civil Strviet: Tht Federal Personnel System at the Crossroads ( /9871 

Professional Carter Entry into tht Federal Service ( /987} 

Equal Opportuniry and Management Practiets in NASA Headquarters: An Asussmem and 

Recommendations for Action ( /987} 

Tht Next Generation in the Management of Public Works: Getting Some oflt Together ( /987 J 

Improving Facilities Management for tht U.S. CourtS ( 1987) 

Leadership in Jeopardy-The Fraying of tht Presidential Appointments Sysum I 1985 J 

The Presidential Appointee's Handbook ( 1985) 

Giants in Management ( 1985) 
227 

National Academy of Public Administration 

1120 G Street, NW., SuiLe 540 

Washingtrn , DC 20005 

(202) 347-3190 
228 

Fi===== = -=-:=c_-,---- -

~ REPORT ON COMPREHENSIVE 

I 

~ETENTION/TREAT~~~ CENTERS I 

Prepared By, 

Indian Health Seivice 

Bureau of Indian Affaire 

Office of Construction Management 

March 1990 
229 

REPORT ON COMPREHENSIVE DETENTION/TREATMENT CENTERS 

TABLE OF CONTENTS: 

PREFACE . . . • • • •• • •••• •. .. •.• • •. •••••••••••• •• • • • ••. .•• • • •• •.• 2 

EXECUTIVE SUMMARY •• . . .....••.• . •• . •...•• • •••• •••.••••. • .. • • 3 

BACKGROUND 

Introduction • • •.. . . . • •.•.• • • • ••..•• ••.•.•••. ••••. • ••••.••. 5 

Status of Planning for the Model Facility .••.•.•••• •• •••• 7 

EAGLE BUTTE- A MODEL FOR DETOXIFICATION/TREATMENT CtNTERS •. 9 ... General Background/PONI Process ••.•.•...•• . •.••••••.••••. 9 

Specific Features of the Facilgy •••••. • •• •• •.• • • • •• ~· •• 11 

APPLICATION OF THE EAGLE BU'l"l'E MOfiJ. - INDIAN HEALTH SERVIC& STAFFINGC:: 

DETOXIFICATION PROGRAM R£QUIREI!NTS ••••• •••••••••.•••••• 17 

Application of services. at Existing Facilities •••••••••• 17 

Application of the Hodel to Large Service Populations • •. 19 

Staffing •• . •...•• • ••.••••••••..••.••.•••••.•••..•••• 19 

Application to Future Planning •••.•••. ••••••••••••• 22 

CONCLUSION·, •...••• •• ..••. • ••• •••• • ••• •.••..••• •••••• • •••• • • 23 

APPENDICES: 

APPENDIX I -

APPENDIX II -

"Guidelines Concerning Operational Issues 

and Their Impact on the Design of Indian 

Country Detention centers• · 

"A PONI Planning Assessment for a Law 

Enforcement Center for the Cheyenne River 

Sioux Tribe , Eagle Butte, South Dakota" 

1 
230 

PREFACE 

This report has been prepared by the Indian Health Service (IHS), 

the Bureau of Indian Affairs (BIA) and the Office of Construction 

Management (OCM) in response to Congressional directives in the 

Senate and Conference Committee reports accompanying the Fiscal 

Year 1990 Appropriations Act. 

Specifically, the Senate Report of July 25, 1989 (number 101-85) 

states: 

"The committee intends that the Bureau work with the Indian 

Health Service with respect to the inclusion of alcohol 

detoxification facilities within new planned detention 

facilities. The two bureaus should prepare a joint report, 

to be submitted by March 1, 1990, regarding e!forts undertaken to meet this requirement. The bureaus should address such 

issues as staffing responsibility, costs, and design 

requirements." 

Additionally, the Conference Report of October 2, 1989 (number 101-

264) states: 

"The managers expect the Bureau of Indian Affairs and the 

Office of Construction Management to work with the Indian 

Health Service to prepare a joint report, due Ma~ch 1, 1990, 

regarding efforts to include detoxification facilities in 

detention centers." 
231 

EXECUTIVE SUMMARY 

In 1988, the Office of construction Management (OCM) commissioned 

a study of Indian detention facilities by the National Academy of 

Public Administration (NAPA) as a result of concerns about safety 

deficiencies within these facilities and the high risk group of 

inmates, including the potential for suicide. Additionally, OCM 

requested that the Academy conduct an assessment of the Operations 

and Maintenance (O&M) program at these centers and the adequacy of 

O&M funds for proper maintenance. As a result of the NAPA study, 

the impact of alcoholism on Indian detainees became very clear and 

the most effective program approaches to meeting inmate needs have 

become an area of emphasis within the Bureau of Indian Affairs 

(BIA), OCM, and the Indian Health Service (IHS). 

The NAPA report not only identified the most serious safety 

deficiencies and analyzed the O&M funding requirements, but it also 

accumulated and presented additional data which demonstrated that 

alcohol abuse and its illegal or anti-social behavioral 

consequences constituted almost the total cause for incarceration. 

Additionally, the study highlighted the fact that most detainees 

are well known to law enforcement personnel, considered nonviolent after sobering up, and typically classified as 

passive;aggressive individuals requ-iring· security restraint and 

housing while intoxicated. In mos:!; ·cases;, they are "regulars" ~n 

the "revolving door" system which x!llsul ts from the lack of adequate 

operational procedures and prog~s fo~ dealing with alcohol 

problems. - · 

I Because it seems unlikely that a proliferation of detention 

facilities, designed to perpetuate the •revolving door" system, 

would provide any optimism for addressing the basic problem of 

alcohol abuse, BIA, OCM and IHS have begun a joint effort to 

provide a model facility for detention and treatment for the 

Cheyenne River Sioux Tribe on its Reservation at Eagle Butte, South 

Dakota. It is anticipated that this facility will provide the 

opportunity to bring together social services, medical, tribal 

judicial, and other specialists who might make contributions toward 

a meaningful intervention as a beginning to change the behavioral 

problems resulting from alcohol abuse. 

Additionally, further coordination efforts such as identifying IHS centers or services in the proximity of existing BIA detention 

facilities, are under consideration to more effectively address 

alcoholism problems elsewhere in the penal system. In this vein, 

the inclusion of detoxification services can be a step towaz::-d 

addressing alcoholism problems through the detention system, 

although a comprehensive effort involving after care and related 

services such as training, education, and employment is beyond the 

scope of this report. · 

3 
232 

It is anticipated that from the Eagle Butte comprehensive detention 

and treatment program, policies and operating procedures will be 

developed which will offer far better opportunities for reducing 

the unacceptable human costs which result from alcohol abuse. 

That is the goal envisioned by the model program. Additionally, a continued emphasis will be placed on those facilities authorized 

for juveniles and "at risk" youth, under the provisions of the 

Anti-Drug A.buse Act (P. L. 100-690). OCM is recommending that 

results of the Eagle Butte initiative form the basis for future 

detention center construction planning. This report to the 

Congress will detail the status of joint planning for the model 

facility. 

4 
233 

BACKGROUND: 

Introduction: 

Data available from the Bureau of Indian Affairs (BIA) , the 

contract completed for the Office of Construction Management (OCM) 

by the National Academy of Public Administrators {NAPA), and from 

the records of the Indian Health Service (IHS), indicates certain 

characteristics of the inmate population which confirms the 

prevalence of alcohol and alcohol-related problems. So dramatic 

is the association between alcohol abuse and offenders, that the 

figure of alcohol abuse as a cause of incarceration (e.g. drunk and 

disorderly conduct, family abuse, or crimes committed while under 

the influence) exceeds 95\. 

The range in age, sex, and numbers of inmates housed at various 

detention facilities is noted in Table 1 froa the NAPA study. This 

indicates the level of utilization which was observed by the study. 

Given the fact that the vast majority of these inmates are incarcerated for alcohol abuse offenses, the need for high security 

facilities constructed for housing non-alcohol criminal offenders 

has been questioned. Instead, regional centers designed to meet 

detention needs and address the alcohol problems through social 

detoxification, counselling and., referrals is deemed more appropriate. 

A major conclusion of the NAPA siiiarey · of 37 detention facilities was that, given the characterist~ of ~e inmate load, the jails 

in essence were being used as ~orm of co-unity-based social 

detoxification centers. FrequentlY, incarceration was tbe priaary means of addressing alcohol abuse problems, as a result of tribal 

court sentencing and insufficient co111111unity resources and use of 

IHS authorized treatment and alcohol proqraas. Therefore, priaary 

functions at detention facilities included detaining offenders who 

required high security restraint while intoxicated and continual 

supervision in view of enhanced suicidal tendencies during 

detoxification. Personnel were not trained for these functions; 

facilities were not built with treatment in mind; and jails 

operated independently of the treatment co111111unity and the family 

system. It concluded that a new generation of jails should be 

developed incorporating detoxification services to reduce 

recidivism. 

In recognition of the unusual extent of alcoholism on illegal or anti-social behavioral disorders resulting in incarceration, a determination was made by BIA, OCM, and IHS to try to reduce the 

problem by placing a comprehensive detention And treatment proqra~ 

in a facility designed for this purpose. 

5 
234 

.::.t1!..;: 

••PA 08SERVEO DETENTION CENTER INMATE POPVLATIOHS or AREA: 

· ··Adults··· ··Juveniles·· 

Area Facility Agency Male Female Male female 

aaaacaa::s:a.a:::aa: ::az:a zacaaasssa$SSI:csc:aaa:•=z•~~:::a::::::::a ::== •====••&aaaaaaaaa as aazac aaaaaaaz: 

Aberdeen 

Eagle Butte Cheyemt River 26 

Crow Creek Crow Creek 2 

New Town fcrt Berthold 

Fort Totten <Devil' s Lake) Fort rotten 11 

Lower &rule Lower Brule 1 1 

Pine Ridve Pine fUdge 12.9 3. 7 1.5 0. 8 

Kyle, s . o . Pi ne Ridge 14 2 2 2 

Roset:Ju::j Rosebud 17 

Standi"9 Rock Standing Roclc Reservat ion 24 6 

Belcourt, N .Oakota Turtle Mounta 1n 9 

Macy. Nebraska Qllaho 

Albuquerque 

Mescalero Mescalero Apache 15 

Zuni Pueblo ZLI"i Pueblo 

So. Ute Just ice Center 

8i ll ir191 

Blackfeet 8bctfeet 9 

Crow Atency Crow 25 

ft. Belknllp ft. a.lknop 2 

ft. Peck ft. Peck 19 

ICof"thern Cheyenne Northern ctt~et"W"te 12 0 

Wind River Agency Wind ltiver s Rocky Boy IR 

Minneopol is 

Nenot~inee Menominee Tribe 15 

Red Lake Agency led Lake 6 

Nett Late Mimesou 

Navajo 

Tlbl City 44 4 

Chinle 62 9 

Ill-lock . 

Shiprock 

Cr-int 

_,_ ft. Aplclte ft . Apoche 21 3 

Sen Corloe Sen Corloe 22 6 

Mop I lklpi 35 0 

PI• Agency PIM 23 4 7 

Tohono 0'0<11• Tollono 0'0<11• 19 3 

Peocll Sprir191 Truaton Canyon a 2 

Uintoh & OUray Ulntoh & ouray to 4 

SoU at .. r Salt liver tl 10 

Portland 

llortl Sprift9S llano Sprift91 21 4 
235 

since the early planning stages of a new law and order facility at 

the Cheyenne River Reservation in south Dakota already had begun, 

this seemed an ideal opportunity to coordinate efforts with the IHS 

in initial planning, and to anticipate additional program and 

tribal support as the planning and design progressed. It is within 

this total concept involving social services, medical, tribal, 

judicial and other specialists that BIA, OCM, and IHS are cooperating, in order that the program of requirements for the 

physical facility and the required staff and operational costs are anticipated in advance. 

We believe that detailed consultations with tribal authorities will 

be required, especially with the tribal judges. These judges 

should have additional options available to them in the sentencing 

to include a variety of incarceration/treatment programs which will 

become available at the model facility. For example, increased 

detention time may be required for repeat offenders, and drug abuse 

treatment could be required of those whose offenses are basically 

related to alcohol or drug abuse. Specialized training will also 

be required for the security personnel at this center, since its 

mission is more complex than the traditional detention facility . Personnel must be more sensitive to the changed philosophy in 

dealing with these inmates through innovative approaches. These 

innovative approaches will have the objective or rehabilitating and 

returning to productive community and family ·fife at least some of 

the inmates who now are subjected '-tio the "revolving door~ system 

of incarceration, release, and repeated incarceration which ·is now in place. _~ ___ , 

Success in addressing the alc0501 related problems within 

communities is contingent on more· than the imminent changes--in 

detention facilities. Follow-up treatment and commitment to 

providing rehabilitation through adequate community treatment 

programs supported by the tribes is also critical. 

Status of Planning for the Model Facility: 

In the past, BIA detention facility designs included extensive 

security, which is not required for the nature of the offenses 

committed by· the overwhelming number of inmates. Therefore, few, 

if any accommodations were made for rehabilitative activities. In 

addition, these high security designs were usually of a linear 

arrangement of spaces which precluded direct supervision of !nmates 

and as a consequence, provided an environment which together with 

the loss of self worth by a sobering-up alcohol abuser, offered the 

opportunity for suicide attempts. 

With greater emphasis on detoxification and alcohol treatment 

needs, careful consideration also must be given to the required resources. Although initial construction costs will · not· be as great as in the past as a result of more realistic assessments of 

security requirements, increased requirements may ensue with 

7 
236 

respect to th~ .dditional need for special ~ .ff professionals and 

coordination of a full range of services between tribal 

organizations, IHS, and BIA management. Additional requirements 

will result from the provision of specialized training for the 

personnel who will be staffing the center. Estimates for these 

types of resource requirements will be developed between the BIA, 

and its responsible offices, and the IHS. More specific 

information relating to staffing requirements is provided later in 

this report, as prepared by IHS . · 

Also included as a part of this report as Appendix A, is a document 

entitled "Guidelines Concerning Operational Issues and Their Impact 

on the Design of Indian country Detention centers", dated October· 

1989. This document has been developed as a result of the 

coordinated efforts between OCM, BIA, and IHS to provide guidance 

for comprehensive detention and treatment centers which acknowledge 

the requirement to provide more than "lock up" facilities for 

alcohol abusers. 

8 
237 

EAGLE BUTTE - A MODEL FOR OETOXIFICATIONj'1«EATMENT PROGRAMS: 

General Background/PQNI Process: 

As noted previously, BIA, OCM, and IHS are determined to undertake a comprehensive proqram to incorporate all available resources addressing the· prevention and treatment of alcoholism. In this 

vein, it is expected that education and social programs will 

provide the most long term beneficial effect. Additionally, a shift in emphasis toward prevention, early intervention (including 

juvenile programs) and rehabilitation is foreseen, with 

incarceration as an option of last resort. In those cases where 

incarceration is needed, an orientation toward authentic medical 

detoxification through a program with adequate facilities and a commitment of IHS staff to provide the necessary medical 

supervision and support is recommended. 

As a part of this comprehensive effort to address underlying 

alcohol related problems, the need for a network of support and 

cooperation between BIA, IHS, OCM and tribes in developing 

detoxification services in detention facilities and associated 

treatment and rehabilitation programs is evident. A necessary part 

of providing detoxification services in detention facilities is in 

the planning of new facilities. In this regard, IHS, OCM, and BIA 

intend to work together in any future detention center renovation or construction efforts with the tr~s to insure that requ~rements 

for detoxification services or units are included in the planning 

phase. The Cheyenne River Eagle Batte facility serves as a model 

for addressing these needs in the:Ellture. , 

Coordination and consideration of -::ihe long terin requirements and 

total program needs specified by those participating in the 

Planning of New Institutions (PONI) decision-making process is 

crucial in assuring the most responsive construction design and 

operational staffing needs. 

As the PONI process provides a structure for continued interaction on the part of agency for design and construction staff, and 

contract architects and engineers, it is expected that the PONis 

will also play an integral part of any future detention 

detoxification coordination efforts as well. An evaluation of the 

process upon completion of the Eagle Butte model, with regard to 

application of specific elements in future planning, will be 

required in order to assess the most effective planning procedures · and subsequently developing a viable process for future projects 

9 
238 

Eagle Butte -

The Eagle Butte detention center was planned under the PONI process 

endorsed by the National Institute of Corrections, using "New 

Generation" design concepts. Under this process, the design and 

construction of the facility encompasses requirements determined on the basis of input by tribal, BIA, IHS, and OCM assessments of 

a total program to involve social services, medical, tribal 

judicial and other services. 

In the Eagle Butte model, new generati on design concepts are being 

applied, tailoring the facil i ty to meet the specific requirements 

of differing types of activities and inmates, including juveniles 

and adults. Under this concept, the facility will have a 

"normalized" atmosphere (with conventional furniture, pay phones 

and TV), providing inmates with access to recreation, communication 

and socialization, to the extent possible. Additionally, under 

this design concept, a common wall is expected to separate the 

maximum security secti on of the facility from the detoxification 

unit. 

In such a model detoxification unit plan, detainees could be 

expected to reside in the center from approximately 30 to 90 days, 

if necessary;· to allow for physical detoxification ·.and to accommodate a more effective transition toward longer term 

treatment. Sharing of heating, ventilation and other · support 

systems would be accommodated within the design, reducing overall 

costs. Additionally, coordination is ~equired to assure that 

available tribal intervention programs ar~ linked programmatically to the detoxification program ensuring that a continuous treatment 

program within the community is available upon detainee discharge. 

Again, application of these design concepts and model programs in 

future planning efforts will be based on an evaluation of the Eagle 

Butte experience. 

In addition, other planning features such as staffing are expected to be applicable to future planning of detention centers. such 

staffing requirements include assuring the capability of continuous 

surveillance and supervision of inmates• activities by detention 

officers. In planning future detention facility programs, law 

enforcement staff will be expected to undertake more active· roles 

than they had previously. Also, it is expected that detoxification 

services by IHS personnel will be included within planned 

facilities. In the Eagle Butte model, the facility is being 

constructed to accommodate these goals. 

In this effort, IHS has begun planning to provide detoxification 

services at Eagle Butte by holding discussions with BIA officials at the Aberdeen Area Office and Cheyenne River Sioux Tribal 

officials. In this planning stage, IHS recognizes that 

10 
239 

coordination with the reservation commun~cy is essential in 

assuring that detoxification services at Eagle Butte are. integrated with the Tribal alcoholism treatment program. This planning will ensure that one coordinated program can be developed to handle 

individual inmates from the first day of incarceration through aftercare services available within the community. Although the 

extent of such services would vary from location to location, the 

planning process would be applicable toward any future detention 

center planning efforts. 

Specifically, in developing the staffing plan for the Eagle Butte 

center, IHS reviewed the types of services to be provided, the 

estimated length of time for each case, and the type and extent of 

follow-up monitoring of individuals envisioned. In this regard, 

IHS has decided to provide three professional positions to 

coordinate services within the facility. These positions will be 

made available from within existing Area Office Full Time 

Employment (FTE) ceilings and will be funded from available AntiDrug Abuse Act of 1988 funds. This staffing pattern is depicted in the section below as "Pattern B", serving as a potential model 

for future detention detoxification units planning. 

Specific features of the facility: 

! 

Although individual detention faci~·~.· ies p.lanned in the fut~re will 

vary according to their special n~~s, t~e funding available, and 

the determinations reached thro'!_9!t thai PONI process described 

above, some of the specific featU%85 which are being incorporated into the Eagle Butte plan are ~tlineid herein as a possible 

reference for future efforts. ! 

Mission -

The mission of the Law Enforcement Center for the Cheyenne River 

Sioux Tribe, is to provide law enforcement and court facilities for 

the Tribe under the Tribal constitution and Law and Order Code as well as under the terms of the P.L. 93-638 Self-Determination Act 

contract with the BIA. It is also to intended to incorporate 

standards established by BIA for adult and juvenile detention 

centers and adhere to the "Standards for Community Residential 

facilities" of the American Corrections Association. 

In this regard, the mission statement within the PONI guidelines· states that the facility "is to be operated for the protection of 

society and the rehabilitation of offenders; the facility is not 

to be viewed as a means of inflicting punishment other than the 

lawful deprivation of freedom which comes from the legitimate 

imposition of sentence by the courts." The mission statement 

further states, "through the integration of community resources and 

programs, the judicious deployment of personnel, and an operationally efficient design, the facility will be operated as 

11 
240 

cost-effective~t as possible ... through a tral. .. .,d, competent staff." 

Finally, it concludes, that the "facility and its operators 

recognize that they are part of a larger social systeM. The design 

of the justice facility and its operations must facilitate and help to maintain a strong relationship between the justice system and 

other social agencies to deal with broad social problems of concern 

to both." 

As can be seen from the mission statement itself, the concept of 

an integrated systeM, with an added emphasis on rehabilitation and 

reintegration, is the cornerstone for the success of the facility . 

It is expected that this approach , intended to be inclusive of all 

areas of design and construction, IHS staffing, and BIA and Tribal 

operational staffing and community cooperation, will serve as the 

model for any future center planning. 

Method of Inmate Management -

Two basic styles of inmate management, i . e. direct supervision and 

remote observation, are foreseen at the Eagle Butte center. This 

will be accomplished through the placement of a correctional 

officer at a post directly in the i nmates• housing unit without 

barriers, as well as through a control station, separated by a 

barrier, capable of observing the housing unit. Direct supervision 

is expected to be intern~ittent, and interaction with higher .risk 

inmates (including those determined to be violent detox cases) is 

to be undertaken only in the instance of immediately available 

backups. 

Housing Style -

A podular style jail enabling easy observation is being applied to 

the design of the Eagle Butte unit. Inmates under direct 

supervision will be allowed to move unescorted into the facility 

under the observation of the control station. The design will 

accommodate internal movement of inmates to programs, services, and 

other activities. A More normalized environment is to be 

incorporated into the design, thereby using only a limited amount 

of non-traditional materials, color, and acoustic treatments (such 

as carpeting) to control noise . 

Security -

At the Eagle Butte facility, no boundary fencing is proposed, 

Instead, internal barriers within the center will be emphasized, 

thereby providing strong security perimeters for each custody unit 

(i.e. aale, female, juvenile, detox unit). The use of closed 

circuit TV will be minimized. Previous experience in tbe 

incarceration environment indicates that an over-reliance on this 

method has at times proven risky and questions regarding violations 

of 5th amendment rights have often arisen. At Eagle Butte, closed 

circuit TV will be used to survey areas with little or no movement 

12 
241 

expected such as loading docks or corridors not routinely used. 

Site Constraints -

The Eagle Butte site is located on a five acre site, several blocks 

away from the main street. It has been determined that the site 

is large enough to allow construction on a single floor, and allow 

for future expansions at the same location. It is expected that 

the facility would eventually accommodate detention, law 

enforcement and communications components of the Tribal Police, the 

Tribal Court and the Prosecutor's Office. Juveniles will also be 

accommodated in the physical structure. 

LaW Enforcement Staffing Pattern -

The optimal staffing pattern recommendations are outlined in the 

Eagle Butte PONI study. These plans call for having one fixed 

post, two roving officers (one primarily responsible for inmate 

housing and one for intake and release of inmates), one detention 

officer and one dispatcher to operate the adult section of the 

facility. Juvenile staffing would not require a fixed post, but 

would call for both male and female detention officers on duty for 

all shifts. A general goal is that a staff person will not be 

responsible for more than 12 to 15 inmates in each housing unit or program space. ' · 

;;; Social Detox Center - ..., 

In planning the detoxication unit-at=eagle Butte, goals envisioned 

included: (1) to create a distinee' comp?nent within the same physical structure without duplicating· support services or creating 

another parallel organization for this purpose: (2) to leave the 

law enforcement community in the arena as the element ultimately 

charged with responding to such problems: and (3) to minimize 

capital and operational costs. 

In addressing these needs, a distinction has been made between the 

medical detoxification and social detoxification approaches. The 

National Commission on correctional Health care in the Standards 

for Health Services in Jails defines "medical" detoxification as "the process by which an individual is gradually withdrawn from a drug by the administration of decreasing doses of the drug upon 

which the person is physiologically dependent, one that is ·cross-_ 

tolerant to it, or one that has been demonstrated to be effective on the basis of medical research. Detoxification in alcoholdependent individuals does not involve administering decreasing 

doses that are cross-tolerant to it". Therefore, medical 

detoxification occurs only when steps are taken to eliminate tHe 

chemical dependency aspect of the drug or alcohol addiction. · 

social detoxification, however, does not involve the administration 

of medication or any effort to treat the chemical dependency with 

13 
242 

drugs. At the Eagle Butte facility, the social detoxification unit 

will provide a designated area with a living environment complying 

with the Community Residential Standards of the American 

Correctional Association, to be occupied primarily by sentenced 

offenders. Additionally, a separate "intake area" for short-term 

holding of alcohol-related offenders will be provided. During the 

period of time in which individuals are in the social 

detoxification unit, peer counselors are used in a minimum security 

setting. Additionally, referral to available counseling within the 

community may be done prior to release. 

The Eagle Butte law enforcement center will only provide social 

detoxification, and not medical detoxification or treatment at the 

facility. Social detoxification, as it is applied in the Eagle 

Butte model, does not involve the administration of medication or 

any effort to treat the chemical dependency with drugs. Rather, 

it involves holding individuals safely until such time as they are 

sober enough to be released safely. At Eagle Butte, peer 

counselors will be used during that time. 

In cases where individuals require medical detoxification because 

of the severity of their addiction, placement in a hospital setting 

until the chemical dependence is adequately treated, would be 

appropriate . In cases where dependence is not severe enough to 

require hospi,talization, counseling and treatment at a community 

treatment facility would be more appropriate. In any case, · medical 

detoxification or extensive, long term counselling would not be 

included in the social detoxification approach at the detention center. The interface between social detoxification provided at 

detention facilities and follow up medical detoxification through 

clinical treatments and/or counseling is expected to vary depending 

on available resources within communities . Forthcoming experience 

at the Eagle Butte facility will be a significant model for 

consideration in other programs. 

Integrating the social detoxification approach into a correctional 

setting constitutes a main focus of the Eagle Butte plan. Within 

the plan, there will be an "intake area" of detoxification cells 

to provide for short-term or emergency placement for alcoholrelated offenders. It is expected that these detoxification cells 

will provide short-term holding of adult and juvenile offenders 

until court appearances (72 hours or less) or until individuals can be released on their own recognizance. The social detoxification 

unit itself will provide and beds for 16 inmates. Drug and alcohol 

staff in the area, as well as peer counselors, are to be used. IHS 

indicates that counselors will also be sent to the facility for 

screening and referral of those individuals held in the center 

prior to their release on their own recognizance or transfer to the court. Therefore, the primary emphasis of the social 

detoxification unit is to serve as a bridge to long-term treatment 

or community-based counseling as opposed to an end in itself. 

14 
The detoxification unit at the Eagle Butte facility is to be 

located outside of the security perimeter of the jail. Controlled access to the area will be based on operating practices as opposed to restrictive materials. The area will be built to comply with 

the community Residential Standards of the American Correctional 

Association. 

A counselor • s office or workstation will be located within the 

social detoxification center, constructed to allow visual 

surveillance of each detox unit. The office can be used for 

individual counseling or interviewing of residents for private 

assessments, rather than in the group setting, and will accommodate two detainees. · · 

The social detox center is also designed to accommodate sleeping 

areas for four units and toilet facilities. The area is designed 

to accommodate easy observation. Non-cooperative persons charged 

with alcohol offenses are to be held in a more secure environment 

in single, or individual detoxification holding cells in the 

booking area, until law enforcement personnel can safely move the 

individual. 

Health Care Services -

In determining the extent of services and specific design of the 

social detox center at Eagle But~ a profile of the adult and 

juvenile offenders detained in the iist for alcohol-related charges was review~d. The PONI study focUSed on 1987 and 1988 charges~ 

In this period, it was determine~hat approximately 75\ of all 

bookings were related to alcohol, i.!H!J.uding charges of drunkenness, 

public nuisance and disorderly conduct, and driving while under the 

influence of alcohol. 

Therefore, a significant portion of the admissions have been based 

on detention cases which could be referred to the detoxifi~ation 

center. one analysis indicated that incorporation of social 

detoxification into the center may have a significant affect on the 

Justice system. This would particularly be the case if, in the 

future, charges for alcohol related offenses were referred directly 

for social detoxification. Although it is difficult to ascertain 

the extent to which such a practice may be undertaken and 

incorporate projections into the center's plans, such a process 

could relieve the court of a significant portion of its case processing as inmate alcohol problems will be handled more 

effectively and hence the "revolving door" will be better 

addressed. carrying this further, by integrating the social detox 

effort with alcohol treatment, could result in greater benefits to the law enforcement facility, court, and individuals charged. ' 

In working with the Tribe, and assessing the extent of the problems 

facing the community and law enforcement area as noted above, IHS 

has determined that up to three professional positions will be 

15 
committed at !east on a part-time basis to the facility to coordinate services within the facility and to provide treatment 

services in conjunction with Tribal staff. The IHS estimated cost of this Tribal/IHS service staffing approach is $385,967. 

16 
245 

APPLICATION OF THE EAGLE BUTTE MODEL - INDIAN HEALTH SERVICE STAFFING 

DETOXIFICATION PROGRAM REQUIREMENTS : 

Application of Services at Existing Facilities: 

As a result of the cooperative effort beinq developed at the Eaqle 

Butte reqional detention center, OCM is recoiiiJilendinq that this 

initiative form the basis for future detention center construction 

planninq. Furthermore, IHS sees the viability of applyinq features 

of the model system to larqe service population areas throuqhoUt 

Indian country. Additionally, in considerinq the application of 

detoxification and treatment services to existinq service 

population areas, IHS and BIA will assess the potential for further 

coordination between available resources within the vicinity. In 

this reqard, Table 2 displays a listinq of the existinq BIA owned or operated detention centers surveyed by NAPA in 1988, and the 

proximity of IHS services. 

T~e 2: 

PROXIMITY OF IHS AND BIA FACILITIES: 

AREA/BIA AVERAGE 

DETENTION DAILY 

;_.---; APPROXIMATE . DISTANCE 

fACILITY POPULATION li' IHS FACILITY TO BIA FACILITY 

---- ABERDEEN 

Eaqle Butte 30 -

--.Hospital * Crow Creek 3.1 Clinic * New Town 5 Clinic 3 miles 

Fort Totten 12 Clinic * Lower Brule 2 Nurse Station 2 miles 

Pine Ridqe 20 Hospital * Kyle, South Dakota 32 Clinic * Rosebud 22 Hospital * Standinq Rock 32 Hospital * Belcourt,North 

Dakota 12 Hospital * Macy, Nebraska 12 Clinic * 

ALBUQUERQUE 

Zuni Pueblo 10 Hospital 5 miles 

BILLINGS 

Blackfeet 17 Hospital * Crow Aqency 10 Clinic * Ft. Belknap 3.5 Hospital ·* Ft. Peck 25 Hospital * Northern Cheyenne 6.5 Clinic * 

17 
246 

(BIA/IHS Facilities Proximity continued) : 

AREA/BIA AVERAGE 

DETENTION DAILY 

fACILITY PQPULbTION 

(BILLINGS Continued): 

Wind River Agency 16 . 7 

MINNEAPOLIS 

Menominee 12 

Red Lake Agency 2 . 4 

Nett Lake 2 

NAVAJO 

Tuba City 36 

Chinle 30 

PHOENIX 

Ft. Apache 45 

San Carlos 13 

Hopi 45 

Pina Agency 39 

Tohono O'Odham 20 

Peach Springs 12 

Supai 1 

Uintah & curay 16 

Salt River 20 

PORTLAND 

Quinalt· 6 

Spokane 2.4 

Warm Springs 26 

APPROXIMATE 

DISTANCE 

IHS fACILITY TO BIA FACILITY 

Clini c 

Clinic 

Hospital 

Clinic 

Hospital 

Hospital 

Hospital 

Hospit~l 

Hospital 

Hospital I 

Hospital 

Clinic 

Clinic 

Hospital 

Clinic 

Hospital 

Clinic 

Clinic 

(alcohol patients 

taken to county 

facility !"6 

miles) 

• 

• 

5 miles 

• 

4 miles 

3 miles 

• (IHS doctor 

regularly visits 

center) 

5 miles 

• (IHS doctor 

weekly visits 

center juveniles) 

• 

• 

• 

* 

( A b e r d e e n 

hospital 45 

miles) 

Same as above 

(Hospital 15 

miles) 

* located within 1 mile or less of the BIA facility 

Source: 1988 NAPA Report Survey of BIA Detention Facilities 

Based on this information, further coordination of available 

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247 

services and programs at existing facilitl.es may be possible, 

depending on loqistics and cooperative arrangements which will be 

emphasized at the location level. In cases where IHS and BIA 

operate in proximity, such coordination may focus on determining the extent to which current services can be made available to the 

detention population and attempting to address possible deficiencies through the use of cooperative arrangements. 

Application of the Model to Large Seryice Populations; 

According to NAPA recommendations and IHS assessments, current 

methods of addressing inmate detoxification and t:reatment needs are deficient. This deficiency is evident in facility desiqn arid 

construction as well as in the lack of providing the adequate 

treatment and detoxification which allows the individual's physical 

and emotional system to stabilize and become free of the influence 

of alcohol. Authorities state that this process takes 

approximately two to seven days, under the close supervision of 

trained paraprofessionals. Within the current system, inmates are generally detained long enough to become sober, being released 

within hours or days allowinq a repeating cycle. Generally, IHS 

services are not immediately available for detention centers unless 

inmates are taken to the clinics specifically for treatment of 

convulsions or delirium tremens. I 

Through more effective coordination' and 'application of th!l E~gle 

Butte model of direct interventionJif deto~~Cification methods within 

the detention center, IHS and BIA ~icip~te greater opportunities for intervening within the fami~ystep at a point of stress. 

More effective management of the ~ohol "revolving door" problem is expected if aftercare is provided , immediately, to reduce 

recidivism. 

IHS has indicated that it will beqin an evaluation of the Eagle 

Butte model in order to determine its success and feasibility, and assess the extent to which it can be applied in future centers. 

Although expansion of the proqram and the concept to all detention 

centers may not be cost effective or indeed warranted, IHS 

indicates that development of a reqionalist approach servinq a broad population base has· merit, based on the experience of 

developing youth reqional treatment centers authorized by the AntiDruq Abuse Act of 1986 (P. L. 99-570). It indicates that such 

centers have been found to be valuable treatment resources 'over a broad area. 

Staffing -

In order to assess the potential population to be served, IHS has 

reviewed past alcohol treatment experience, trackinq the number o£ 

individuals served by IHS contract alcoholism programs by each 

Area. This information is provided in the followinq table .• Althouqh it is .not clear that this indicates the extent to which 

19 
individuals wili end up in detox centers, it u~es present a general 

picture of previous IHS case volume in its existing programs. 

Table 3 

1988 IHS ALCOHOL RELATED CASES SERVED: 

cases 

Population 

PORTLAND 

BILLINGS 

ALBUQUERQUE 

MINNEAPOLIS 

ABERDEEN 

PHOENIX 

NAVAJO 

105,379 

46,824 

56,904 

52,979 

79,967 

92,476 

181,282 

4,609 

1,974 

2,069 

1,530 

1,424 

1,492 

1,847 

sources: ASAPB Services and Discharge Report for 1988 IHS Service 

Population by Area, Table 2.1, Chart Series 

In addition to IHS alcohol treatment caseloads, further assessment 

of the potential service population of detoxification and treatment 

programs would also have to take into consideration the volume of 

alcohol related crimes and arrests within each area (ranginq up to 

95' as indicated by the NAPA report). 

Current IHS staft:ing and the number of staff certified in a·lcohol 

and detoxification traataents are noted ~n Table 4 that follOws. 

IHS indicates that current staffing patterns typically reflect a "need" ratio of 3:1 of IHS staff to Tribai personnel. Therefore, 

future planning aay take into consideration a recommended ainiaum 

staff involving this ratio of combined IHS and other Tribal program 

support staff. 

Table 4 

IHS/CQNTRACT DETQXIFICATION PRQGBAM STAFF LEYEL5: 

Total certified 

Rank/Area: ~ Staff 

1 PORTLAND 

2 BILLINGS 

3 ALBUQUERQUE 

4 MINNEAPOLIS 

5 ABERDEEN 

6 PHOENIX 

7 NAVAJO 

107 

57 

64 

93 

71 

55 

136 

72 

26 

36 

27 

14 

23 

33 

Source: ASAPB Program Listing Document, FY 1988 ·· (a) Assumption: 10 beds operational 25 hour coverage of 

9.6 professional and 4.4 support staff 

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249 

As noted earlier, staffinq for the Eaqle Butte model _is based on this concept of inteqratinq IHS and other available tribal proqram staff. It is expected that this approach would also be the most 

practical in considerinq future planninq needs. Oependinq upon the 

population base, projected needs at individual detention centers, 

and available resources, IHS is proposinq three models for 

considerinq future planninq needs. These models differ based on the extent of inteqratinq Tribal alcoholism proqrams within the 

overall proqram desiqn. Table 5 depicts these three basic 

patterns, from which variations may be derived, with estimated 

costs as follows: 

A. 

B. 

c. 

1 

1 

2 

1 

1 

1 

1 

1 

1 

1 

1 

2 

5 

1 

1 

Table 5 

IHS ALTERNATIVE STAFFING PATTERNS: 

Clinical Administrator 

Reqistered Nurse 

Alcoholism Specialists 

Secretary 

~ 

or-·· 

~ Clinical Administrator= 

Alcoholism Specialist ;;; 

Physician Assistant ---

or 

Clinical Administrator 

Physician Assistant 

Reqistered Nurse 

Recreation Therapist Alcoholism Specialists 

Attendants/Counselors 

Driver 

Medical Record Specialist/Secretary 

Estimated Minimum ~ 

$41,121 

28,852 

69,160 

15.738 

$154,871 

$41,121" 

34,580 

]4.580 

$110,281 

$41,121 

34,580 

28,852 

28,852 

69,160 

97,465 

17 ,·542 

17.542 

$335,114 

In the table, pattern "A" assUIIIes partial inteqration of the Tribal 

alcoholism proqram in the desiqn; pattern "B" assuaes inteqration of the Tribal proqram within the desiqn: and pattern •c• assum.s autonomous ~unctioninq of the unit. Each alternative assUIIIes 

varioua levels ·of support from the detention center suCh as food 

service, janitorial services, and maintenance support. Ottier 

21 
proqraa costs are not included in any of the alternatives such as equipaent, paper supplies, telephones, mileage, etc. 

The pattern reco-ended by IHS tor the Eagle Butte center is 

"Pattern B", which inteqrates the Tribal proqraa and co-unity 

effort into the proqraa. Application to other centers will depend 

larqely on the success and experience to be encountered at the 

Cheyenne River model. 

Application to [Uture Planning -

IHS estimates that regional detox proqrams at the seven Areas noted 

with high case potential could incorporate the recommended colllbinei:i 

IHS and Tribal proqram staffing based on "Pattern B". Under this 

approach, IHS estiaates that planning should be based on annual 

staffing cost of $110,281 for a core of IHS professional personnel 

and approximately $275,000 tor Tribal or augmenting staff to 

provide a 24 hour program for each region. Additionally, costs 

associated with the BIA staffing and operation of detention 

facilities with detoxification units would have to be included. 

Although this projection forms a general guideline tor consideration by IRS, it does not provide tor population variances or space allocation differences in different facilities. 

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251 

CONCWSION 

The Eaqla Butta Detention canter will serve as a .odal for future 

planninq efforts on the part of IHS, OCK, an4 BIA to incorporate 

detoxification and treatment proqra .. into the law anforc ... nt and 

judicial systems. With the incraasinq racoqnition of alcoholrelated probl-s in the Indian co-unity an4 their iapact on treatment within the law enforcement system, cooperative planninq 

of the 4esiqn and construction of new canters is crucial as a way 

of incorporatinq effective strateqies aqainst these probleas. 

Additionally, cooperation between these aqencias in asaessinq 

probleJDS, channellinq available resources, anc1 better aanaqin9: 

existinq proqrams an4 facilities is essential. Given the 

comprehensive level of coordination between these aqeneias and the 

Tribe in attemptinq to provide a viable facility 4alliqn and 

operational proqram at the Eaqle Butte Detention Canter, we believe a framework for future planninq efforts has bean 1ai4. Application 

to specific future requirements or axistinq proqrams will vary 

4ependinq on the actual requirements 4etamina4 and successes expected from the forthcominq Cheyenne River project. 

23 

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ISBN 0-16-043471-8 

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