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Federal law — U.S. Code and appendices · legal_authorities
The privilege of the writ of habeas corpus shall be available to any person, in a court of the United States, to test the legality of his detention by order of an Indian tribe.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1303
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Source file: Laws/federal/codes/united-states-code/title-25/section-1303-habeas-corpus--bdfd8fb838.md
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Source location: Title 25, Chapter 15, § 1303; chapter-015-constitutional-rights-of-indians.md
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section: (1) **Assault of Tribal justice personnel** — The term “assault of Tribal justice personnel” means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves the use, attempted use, or threatened use of physical force against an individual authorized to act for, or on behalf of, that Indian tribe or serving that Indian tribe during, or because of, the performance or duties of that individual in— (A) preventing, detecting, investigating, making arrests relating to, making apprehensions for, or prosecuting a covered crime; (B) adjudicating, participating in the adjudication of, or supporting the adjudication of a covered crime; (C) detaining, providing supervision for, or providing services for persons charged with a covered crime; or (D) incarcerating, supervising, providing treatment for, providing rehabilitation services for, or providing reentry services for persons convicted of a covered crime. (2) **Child** — The term “child” means a person who has not attained the lesser of— (A) the age of 18; and (B) except in the case of sexual abuse, the age specified by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. (3) **Child violence** — The term “child violence” means the use, threatened use, or attempted use of violence against a child proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. (4) **Coercion; commercial sex act** — The terms “coercion” and “commercial sex act” have the meanings given the terms in [section 1591(e) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-titl
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1304
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Federal law — U.S. Code and appendices · legal_authorities
Page 213 TITLE 25—INDIANS § 1304 includes a term of imprisonment of 1 or more years. (C) Custody conditions The imprisonment by the Bureau of Prisons shall be subject to the conditions described in section 5003 of title 18, regarding the custody of State offenders, except that the offender shall be placed in the nearest available and ap- propriate Federal facility, and imprisoned at the expense of the United States. (D) Cap The Bureau of Prisons shall confine not more than 100 tribal offenders at any time. (3) Rescinding requests (A) In general The applicable tribal government shall re- tain the authority to rescind the request for confinement of a tribal offender by the Bureau of Prisons under this paragraph at any time during the sentence of the offender. (B) Return to tribal custody On rescission of a request under subpara- graph (A), a tribal offender shall be returned to tribal custody. (4) Reassessment If tribal court demand for participation in this program exceeds 100 tribal offenders, a rep- resentative of the Bureau of Prisons shall notify Congress. (Pub. L. 111–211, title II, § 234(c), July 29, 2010, 124 Stat. 2281; Pub. L. 117–103, div. W, title VIII, § 803, Mar. 15, 2022, 136 Stat. 898.) Editorial Notes REFERENCES IN TEXT Section 1302 of this title (as amended by this section), referred to in par. (1), is section 1302 of this title, as amended by section 234 of Pub. L. 111–211. CODIFICATION Section was formerly set out as a note under section 1302 of this title. Section was enacted as part of the Tribal Law and Order Act of 2010, and not as part of the Indian Civil Rights Act of 1968 which comprises this subchapter. AMENDMENTS 2022—Pub. L. 117–103, § 803(1), (2), struck out ‘‘pilot’’ before ‘‘program’’ in section catc
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 1303
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