25 U.S.C. § 1302a — Bureau of Prisons tribal prisoner pro-

Page 212 TITLE 25—INDIANS § 1302a 1 See References in Text note below. (2) at the expense of the tribal government, provide an indigent defendant the assistance of a defense attorney licensed to practice law by any jurisdiction in the United States that applies appropriate professional licensing standards and effectively ensures the com- petence and professional responsibility of its licensed attorneys; (3) require that the judge presiding over the criminal proceeding— (A) has sufficient legal training to preside over criminal proceedings; and (B) is licensed to practice law by any juris- diction in the United States; (4) prior to charging the defendant, make publicly available the criminal laws (including regulations and interpretative documents), rules of evidence, and rules of criminal proce- dure (including rules governing the recusal of judges in appropriate circumstances) of the tribal government; and (5) maintain a record of the criminal pro- ceeding, including an audio or other recording of the trial proceeding. (d) Sentences In the case of a defendant sentenced in accord- ance with subsections (b) and (c), a tribal court may require the defendant— (1) to serve the sentence— (A) in a tribal correctional center that has been approved by the Bureau of Indian Af- fairs for long-term incarceration, in accord- ance with guidelines to be developed by the Bureau of Indian Affairs (in consultation with Indian tribes) not later than 180 days after July 29, 2010; (B) in the nearest appropriate Federal fa- cility, at the expense of the United States pursuant to the Bureau of Prisons tribal prisoner pilot program described in section 304(c) 1 of the Tribal Law and Order Act of 2010; (C) in a State or local government-ap- proved detention or correctional center pur- suant to an agreement between the Indian tribe and the State or local government; or (D) in an alternative rehabilitation center of an Indian tribe; or (2) to serve another alternative form of pun- ishment, as determined by the tribal court judge pursuant to tribal law. (e) Definition of offense In this section, the term ‘‘offense’’ means a violation of a criminal law. (f) Effect of section Nothing in this section affects the obligation of the United States, or any State government that has been delegated authority by the United States, to investigate and prosecute any crimi- nal violation in Indian country. (Pub. L. 90–284, title II, § 202, Apr. 11, 1968, 82 Stat. 77; Pub. L. 99–570, title IV, § 4217, Oct. 27, 1986, 100 Stat. 3207–146; Pub. L. 111–211, title II, § 234(a), July 29, 2010, 124 Stat. 2279.) Editorial Notes REFERENCES IN TEXT Section 304(c) of the Tribal Law and Order Act of 2010, referred to in subsec. (d)(1)(B), probably means section 234(c) of title II of Pub. L. 111–211, which is classified to section 1302a of this title. See par. (13) of H. Con. Res. 304 (111th Congress), which is not classified to the Code. AMENDMENTS 2010—Pub. L. 111–211, § 234(a)(1), designated existing provisions as subsec. (a) and inserted subsec. heading. Subsec. (a)(6). Pub. L. 111–211, § 234(a)(2)(A), inserted ‘‘(except as provided in subsection (b))’’ after ‘‘assist- ance of counsel for his defense’’. Amendment was exe- cuted to reflect the probable intent of Congress, not- withstanding errors in the directory language in quoting the text to be inserted. Subsec. (a)(7). Pub. L. 111–211, § 234(a)(2)(B), added par. (7) and struck out former par. (7) which read as follows: ‘‘require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for conviction of any one offense any penalty or punish- ment greater than imprisonment for a term of one year and a fine of $5,000, or both;’’. Subsecs. (b) to (f). Pub. L. 111–211, § 234(a)(3), added subsecs. (b) to (f). 1986—Par. (7). Pub. L. 99–570, which directed that ‘‘for a term of one year and a fine of $5,000, or both’’ be sub- stituted for ‘‘for a term of six months and a fine of $500, or both’’, was executed by making the substitution for ‘‘for a term of six months or a fine of $500, or both’’ as the probable intent of Congress. Statutory Notes and Related Subsidiaries BUREAU OF PRISONS TRIBAL PRISONER PILOT PROGRAM Pub. L. 111–211, title II, § 234(c), July 29, 2010, 124 Stat. 2281, which related to establishment of tribal prisoner pilot program, was transferred to section 1302a of this title. PURPOSE OF 1986 AMENDMENT Pub. L. 99–570, title IV, § 4217, Oct. 27, 1986, 100 Stat. 3207–146, provided in part that amendment of par. (7) of this section was to ‘‘enhance the ability of tribal gov- ernments to prevent and penalize the traffic of illegal narcotics on Indian reservations’’. § 1302a. Bureau of Prisons tribal prisoner pro- gram (1) In general Not later than 120 days after March 15, 2022, the Director of the Bureau of Prisons shall es- tablish a program under which the Bureau of Prisons shall accept offenders convicted in trib- al court pursuant to section 1302 of this title (as amended by this section), subject to the condi- tions described in paragraph (2). (2) Conditions (A) In general As a condition of participation in the pro- gram described in paragraph (1), the tribal court shall submit to the Attorney General a request for confinement of the offender, for ap- proval by the Attorney General (or a designee) by not later than 30 days after the date of sub- mission. (B) Limitations Requests for confinement shall be limited to offenders convicted of a violent crime (com- parable to the violent crimes described in sec- tion 1153(a) of title 18) for which the sentence 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 catchline and wherever ap- pearing in text. Par. (1). Pub. L. 117–103, § 803(3), substituted ‘‘Not later than 120 days after March 15, 2022’’ for ‘‘Not later than 120 days after July 29, 2010’’. Par. (2)(B). Pub. L. 117–103, § 803(4), substituted ‘‘1 or more years’’ for ‘‘2 or more years’’. Pars. (5), (6). Pub. L. 117–103, § 803(5), struck out pars. (5) and (6) which read as follows: ‘‘(5) REPORT.—Not later than 3 years after the date of establishment of the pilot program, the Attorney Gen- eral shall submit to Congress a report describing the status of the program, including recommendations re- garding the future of the program, if any. ‘‘(6) TERMINATION.—Except as otherwise provided by an Act of Congress, the pilot program under this para- graph shall expire on the date that is 4 years after the date on which the program is established.’’ Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘tribal government’’ as used in this section, see section 203(a) of Pub. L. 111–211, set out as a note under section 2801 of this title. § 1303. Habeas corpus 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 de- tention by order of an Indian tribe. (Pub. L. 90–284, title II, § 203, Apr. 11, 1968, 82 Stat. 78.) § 1304. Tribal jurisdiction over covered crimes (a) Definitions In this section: (1) Assault of Tribal justice personnel The term ‘‘assault of Tribal justice per- sonnel’’ 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 in- dividual authorized to act for, or on behalf of, that Indian tribe or serving that Indian tribe during, or because of, the performance or du- ties of that individual in— (A) preventing, detecting, investigating, making arrests relating to, making appre- hensions for, or prosecuting a covered crime; (B) adjudicating, participating in the adju- dication 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 serv- ices 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 In- dian tribe that has jurisdiction over the In- dian 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. (5) Covered crime The term ‘‘covered crime’’ means— (A) assault of Tribal justice personnel; (B) child violence; (C) dating violence; (D) domestic violence; (E) obstruction of justice; (F) sexual violence; (G) sex trafficking; (H) stalking; and (I) a violation of a protection order. (6) Dating violence The term ‘‘dating violence’’ means any vio- lation of the criminal law of the Indian tribe