Tribal Special Criminal Jurisdiction Reimbursement

The purpose of this program is to reimburse Tribal governments for expenses incurred in exercising "special Tribal criminal jurisdiction" (STCJ) over non-Indians who commit certain covered crimes in Indian country.

The Violence Against Women Reauthorization Act of 2013 (VAWA 2013) recognized the authority of participating Tribes to exercise "special domestic violence criminal jurisdiction" (SDVCJ) over certain defendants, regardless of their Indian or non-Indian status, who commit crimes of domestic violence or dating violence or who violate certain protection orders in Indian country. The Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022) expanded this recognition, effective October 1, 2022, to cover additional crimes, among other changes to the jurisdiction, and renamed it "special Tribal criminal jurisdiction." This program is designed to reimburse tribes for expenses and costs incurred in exercising special Tribal criminal jurisdiction.

Tribal governments eligible to seek reimbursement under this program are the governments of Tribal entities recognized by and eligible for funding and services from the Bureau of Indian Affairs by virtue of their status as Indian Tribes, that exercise Special Tribal Criminal Jurisdiction (STCJ), as defined by 25 U.S.C. 1304(a)(14) or section 812(5) of Public Law 117-103 ("participating Tribes").

Specific criteria for the program are provided in an annual notice of reimbursement opportunity available at www.justice.gov/OVW.

Participating Tribes may apply for the maximum allowable reimbursement and waiver funds for the following expenses associated with the exercise of STCJ for each calendar year. For an expense to be eligible, the cost must be incurred in response to a report of a covered crime committed by a non-Indian, but there does not need to be an arrest or a prosecution for the offense. The summary of eligible expenses submitted each year must demonstrate how costs were calculated. Following are examples of types of eligible costs that participating Tribes may include and basis for calculations. (a) Law enforcement expenses such as officer time (including response, interviews, follow-up, report writing, and court time); sexual assault kits or other evidentiary supplies; and testing, analysis, and storage of evidence. Requests for reimbursement must be based on actual costs attributed to SCTJ cases. (b) Incarceration expenses such as prison and jail costs and prisoner transportation costs, whether through contract or Tribally owned facilities. Requests for reimbursement must be based on actual costs attributed to STCJ cases and may be based on per diem costs for housing non-Indian offenders. (c) Offender medical and dental expenses not otherwise covered by insurance policies or federal sources such as Medicaid, including costs for insurance for offenders. Requests for reimbursement must be based on actual costs attributed to STCJ cases. (d) Prosecution expenses such as staff time (including meetings, interviews, filings, research, preparation, court, and other time that can be demonstrated as allocable to prosecuting a covered crime); expert witness fees; exhibits; witness costs; and copying costs. Requests for reimbursement must be based on actual costs attributed to STCJ cases. (e) Defense counsel expenses such as staff time (including meetings, interviews, filings, research, preparation, court, and other time that can be demonstrated as allocable to defending one or more non-Indian offenders charged with one or more covered crimes); competency evaluations; expert witness fees; exhibits; witness costs; and copying costs. Requests for reimbursement must be based on actual cost. If the defense counsel is provided by contract, then the reimbursement amount can be based on the invoiced cost to the participating Tribe. (f) Court expenses such as judge and court staff time; postage for summoning jurors; jury fees; witness costs; and competency evaluation or other mental health evaluations ordered by the court. Requests for reimbursement must be based on actual costs attributed to STCJ cases. (g) Community supervision/re-entry expenses such as probation, parole, or other staff time; electronic or other monitoring fees; chemical dependency testing; batterer or sex offender evaluation and treatment; and pre-sentence investigation costs. Requests for reimbursement must be based on actual costs attributed to STCJ cases. (h) Indirect costs based on a current federally approved indirect cost rate agreement. (i) Other costs incurred in, relating to, or associated with exercising STCJ. Participating Tribes requesting reimbursement for costs in this category must demonstrate that the cost is incurred in, relating to, or associated with exercise of STCJ.

Assistance will be available based on a calendar year.

Applicants must apply through the on-line Grants.gov portal and the Department of Justice's JustGrants System.

Criteria for award selection is specified in an annual Notice of Reimbursement Opportunity.

Upon approval by the Office on Violence Against Women, online notification is sent to the applicant agency. The Authorized Representative must accept the award online.

Applicants will be notified within 90 days of the application deadline.

Each year, eligible Tribes will be able to receive a maximum allowable reimbursement and may be able to also receive funds for a waiver of the maximum.