VAW Resource Center
Implementing STCJ
Exercising STCJ is entirely voluntary and it is up to each tribe to determine whether implementation of STCJ is good for the community. Please visit the pages linked below and in the left side bar to learn more about how your Tribe can get started.
Does STCJ Make Sense for Our Tribe?
Explore whether exercising jurisdiction over non-Indians makes sense for your community:
Initial Considerations
Familiarize yourself with the requirements of VAWA, and the common challenges by reading NCAI’s Five Year Report.
Assess what needs to be done in the following areas:
Code Revisions
(Code development is often the first step for tribes planning to implement STCJ.)
Other helpful resources include:
VAWA 2013 Pilot Project Overview
Although the tribal criminal jurisdiction provision of VAWA 2013 was generally not effective until March 7, 2015, tribes could implement STCJ on an accelerated basis before that date with approval from the Attorney General during a “Pilot Project” period. The DOJ developed a Pilot Project Application Questionnaire, which interested tribes used to request that the Attorney General designate them as “participating tribes” and approve their accelerated implementation of STCJ. This Application Questionnaire was DOJ’s final notice and solicitation of applications for the pilot project, which was published in the Federal Register on November 29, 2013.
Three tribes received approval to implement STCJ on an accelerated basis in February 2014—the Confederated Tribes of the Umatilla Indian Reservation, the Pascua Yaqui Tribe, and the Tulalip Tribes. These tribes exercised STCJ for a little more than a year during the Pilot Project period before the law took general effect on March 7, 2015, and, as DOJ has testified, “the three original Pilot Project tribes achieved notable success implementing STCJ during the Pilot Project period.” Two additional tribes’ applications were approved on March 6, 2015 during the Pilot Project period—the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation and the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation.
The five pilot project tribes remain some of the leaders in both the number of prosecutions and in assisting other tribes with implementation. Representatives from the pilot project tribes consistently attend meetings on STCJ implementation and are willing to work closely with their peers at other tribes who are considering implementation and need guidance. The codes developed by the pilot project tribes and reviewed by the DOJ are often used as models for tribes who have subsequently implemented STCJ. Resources from these tribes are compiled below.
At the end of the pilot project period, NCAI released a Pilot Project Report summarizing the first years of implementation. That report similarly provided detail on prosecution statistics, and a profile of each of the implementing tribes at the time. The Pilot Project Report also highlighted a series of “lessons learned,” many of which are now further affirmed and expanded within the findings of the 5-year report. Those nine lessons were:
(1) non-Indian domestic violence is a significant problem in tribal communities;
(2) most STCJ defendants have significant ties to the tribal communities;
(3) children are impacted by non-Indian domestic violence at high rates;
(4) training is critical for success, (5) federal partners have an important role;
(6) peer-to-peer learning is important;
(7) STCJ is too narrow;
(8) there is confusion about the statutory definition of “domestic violence”; and
(9) tribes need resources for STCJ implementation.
STCJ Pilot Project Tribes & Materials
Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation
Tribal code
Reservation land base: 2,093,318 acres (3,289 square miles)
Population: 10,321 (as of 2000 Census)
About Fort Peck: The Fort Peck Indian Reservation is home to the Assiniboine and Sioux Tribes, which are two separate Nations and comprise numerous bands and divisions within. Located in northeast Montana, the Reservation extends over four counties and is the 9th largest Indian reservation in the United States. The Assiniboine and Sioux Tribes of Fort Peck have an estimated 10,000 enrolled members with approximately 6,000 members living on the Reservation. The Tribe received federal approval to exercise special domestic violence criminal jurisdiction as a part of DOJ's Pilot Project on March 6, 2015.
Confederated Tribes of the Umatilla Indian Reservation
Tribal code
Reservation land base: 173,470 acres
Population: 2,927 (as of 2000 Census)
DOJ's Letter to Umatilla Approving Pilot Project Application
Press Release (with U.S. Attorney's Office for District of Oregon)
About Umatilla: The Cayuse, Umatilla and Walla Walla people make up the Confederated Tribes of the Umatilla Indian Reservation. The three bands were brought together on the Umatilla Indian Reservation, established by a Treaty with the U.S. Government in 1855. The bands were united as a single tribal government in 1949 when their leaders adopted a constitution and by-laws. With over 2900 tribal members and a land base of 173,470 acres, the Umatilla Tribes began exercising special domestic violence criminal jurisdiction as part of DOJ's Pilot Project on February 20, 2014.
Pascua Yaqui Tribe
Tribal code
Reservation land base: 1,194 acres
Population: 3,315 (as of 2000 Census)
About Pascua Yaqui: The Pascua Yaqui Tribe is located in southwest Arizona on a land base of 1194 acres. With a tribal population of 3315 (and over 90% American Indian), the Pascua Yaqui Tribe began exercising special domestic violence criminal jurisdiction as part of DOJ's Pilot Project on February 20, 2014.
Sisseton Wahpeton Oyate of the Lake Traverse Reservation
Tribal code
Reservation land base: 106,153 acres
Population: 10,408 (as of 2000 Census)
About Sisseton Wahpeton Oyate: The Sisseton and Wahpeton comprise two subdivisions of the Dakotah Indians and reside on the Lake Traverse Reservation, established by treaty in 1867. This reservation extends into five counties in northeast South Dakoka and two counties in southeast North Dakota. The Nation has 13,177 enrolled members with approximately 9,894 members living on the Reservation. The Sisseton Wahpeton Oyate received approval to exercise special domestic violence criminal jurisdiction as part of the DOJ Pilot Project on March 6, 2015.
Tulalip Tribes
Tribal code
Reservation land base: 22,567 acres
Population: 9,246 (as of 2000 Census)
About Tulalip: The Tulalip Tribes are the successors in interest to the Snohomish, Snoqualmie, Skykomish and other allied tribes and bands signatory to the 1855 Treaty of Point Elliott. With a tribal population of 4000 and growing—and 2500 members residing on the 22,000 acre Tulalip Indian Reservation, the Tulalip Tribes began exercising special domestic violence criminal jurisdiction as part of the DOJ Pilot Project on February 20, 2014.
