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Legislation/Policy/Procedure

Title: Confederated Tribes of the Umatilla Indian Reservation Extradition Code
Parties: Confederated Tribes of the Umatilla Indian Reservation, Oregon State Courts, and Other State Courts

Description:

This tribal extradition code provides the conditions under which the Umatilla Indian Reservation will extradite an individual found on the reservation, as pursuant to the Tribal-State Extradition Agreement. Key provisions of the code include:

  • Arrest warrants from an Oregon state court, or any of its political subdivisions, will be presented to the Chief of the Umatilla Tribal Police, who shall authorize the warrant.
  • The person shall be arrested pending a hearing on the validity of the warrant in Umatilla Tribal Court.
  • The Umatilla Tribal Court will hold a hearing within seventy-two hours from the time of the arrest.
  • The person may waive extradition.
  • Other state court arrest warrants will be executed as if they were warrants from the state of Oregon.

Title: Nez Perce Tribal Code, 2-1: 9, 20: Fresh Pursuit, Extradition
Parties: Nez Perce Tribal Police, Nez Perce Tribal Court, Other State, Tribal, or Federal Jurisdictions

Description:

Rule 9 of this tribal code provides the instances in which a tribal officer may pursue a suspect off the Nez Perce Reservation. Rule 20 provides the procedure for any state, tribal, or federal jurisdiction seeking the extradition of an individual found within the Nez Perce Reservation. Key provisions of the code include:

  • The chief judge of the Nez Perce has the final discretion to issue the arrest warrant.
  • The tribal police have three business days to bring the individual before the tribal court.
  • The individual has a right to a hearing.

Title: State Peace Officer Status to Tribal Police
Parties: State of Oregon and Tribes within the State
Date enacted/published: 2011

Description:

The new law gives tribal police officers in Oregon, a Public Law 280 state, Peace Officer status. Tribal police are empowered to arrest non-Indians on the reservation for violation of state law and to continue pursuing a suspect onto off-reservation jurisdiction and take action on crimes committed in their presence. The governor supported the bill against opposition that argued that the bill provided enhanced powers to tribal police. The governor, however, argued that compatible training was the key issue and not tribal jurisdiction or powers. If the tribal police officers have training that is the same as other Oregon police officers, then they are qualified to enforce state law as long as they are managed by a federally recognized tribal government.