Report: Justice System Planning Meeting
with Oklahoma Tribes
November 13-14
Purpose:
Provide overview of considerations that should be addressed as part of a comprehensive justice system
planning process to ensure the proper implementation and funding of justice-related policies, programs,
and justice system infrastructure projects.
Participants:
Approximately 40 individuals attended the meeting, including representatives from law enforcement,
treatment, legal, public safety, reentry, corrections, and tribal development for the Quapaw Tribe,
Choctaw Nation, Seminole Nation, Chickasaw Nation, Peoria Tribe of Indians, Ottawa Tribe of Oklahoma,
and Muscogee Creek Nation.
Observations:
Paul Fuentes, an associate of the National Criminal Justice Training Center (NCJTC), attended the Justice
System Planning Meeting with Oklahoma Tribes on November 13 and 14, 2023, at the River Spirit Casino
Resort.
The meeting started with a traditional welcome from the Muskogee Creek Nation. Ms. Adriana Worth,
Correctional Program Specialist with the Bureau of Indian Affairs (BIA), Mr. Julius Dupree, Policy Advisor
for the Bureau of Justice Assistance (BJA), and Mr. Mike Jackson, Correctional Program Specialist for the
National Institute of Corrections (NIC), gave opening remarks, meeting purpose, and agenda overview.
The facilitators allowed participants to introduce themselves, and participants shared insights into the
challenges of incarceration. Participants engaged in thoughtful discussions throughout the meeting.
Mr. Michael Lowery, Grant Coordinator of the Wyandotte Nation, spoke on Comprehensive Justice
System Strategic Planning. He emphasized the importance of developing data-informed strategic plans,
accessing, and analyzing accurate data related to the nature and extent of people who commit crimes,
and conducting needs assessments to understand needs and resources across the justice system.
Ms. Shaun Eastman, Consultant for the Tribal Judicial Institute (TJI), spoke about Exploring Alternatives
to Incarceration (ATI), including how to assess whether there is a need for ATI, various types of ATI
programs, the process, and considerations for developing and implementing ATI, and the associated
benefits.
Ms. Adriana Worth, Mr. Julius Dupree, and Mr. Mike Jackson concluded the first day with a group
discussion on the topics covered.
On the second day, Ms. Adriana Worth, Mr. Julius Dupree, and Mr. Mike Jackson provided a welcome
and an agenda overview.
Ms. Shaun Eastman and Mr. Mike Jackson presented on Planning of New Institutions/New Jail Planning.
They discussed determining the need and feasibility of an institution, the facility developmental process
model, and considerations for designing a jail.
Mr. Justin Webb, Project Manager of the Blue Trident, spoke on Infrastructure Project Implementation.
He covered developing a cost-effective construction plan and schedule, consultant, and contractor
Request for Qualification/Request for Proposals, ensuring construction contracts meet project needs,
National Environmental Policy Act considerations, and construction project management practices.
Ms. Adriana Worth, Mr. Paul Fuentes, and Mr. Mike Jackson spoke about Managing and Operating a Jail.
The presenters discussed operating and managing a jail, challenges associated with jail administration,
and the importance of implementing rehabilitative programming to facilitate successful outcomes for
individuals reentering the community.
Ms. Adriana Worth, Mr. Julius Dupree, and Mr. Mike Jackson discussed justice system planning needs
and federal resources before providing closing remarks. The meeting ended with a traditional prayer
from a representative of the Muskogee Creek Nation.
Themes
Participant discussion points revealed the following common challenges:
1. Overcrowding: These discussion points highlight the issue of overcrowding in jails and
prisons, leading to a lack of bed space for incarcerated individuals and housing inmates
out of state.
2. Pricing and Admissions: County jails are overcharging housed inmates, and they are
picky about who they will admit, leading to an "inmate shuffle."
3. State Interference and Friction with Tribes: There are concerns about the State of
Oklahoma's resistance and interference in tribal affairs, specifically regarding the
construction of a prison and access to essential resources. The tribes attribute these
issues to casino compacts and the McGirt ruling, which have led to a strained
relationship between the state and the tribes. More recently, the State of Oklahoma has
disacknowledged tribal tags. This friction exacerbates the challenges within the justice
system and creates additional obstacles for the tribes.
4. Lack of Jail Programs: Counties didn't design county jails with long-term treatment
options, so they lack programs and yards for inmates.
5. Tribal Focus: Jails and prisons do not understand tribal culture and are not tribalfocused, and there is a need for collaboration among tribes to address the issue.
6. Infrastructure Development: There is a need to build a prison, detox tank, rehab facility,
and infrastructure, including sobering centers, and to work on statutes and access to
healthcare for inmates.
7. Collaboration: Tribes should stand up to county jails for increasing prices and picking
and choosing who they will take, and there is a need for tribes to collaborate to build a
facility for everyone.
8. Tribal Court System: The tribal court system is aware of jail crowding but does not
curtail sentences to prison, attributing the concern to law enforcement and corrections.
9. Juvenile Offenders: There are challenges related to detaining juvenile offenders, with
limited options and availability of beds.
10. Incentives and Sanctions: While corrections offer incentives to incarcerated individuals
for attending habilitative classes, probation recommends sanctions for probationers
when they are tired of dealing with them.
11. Health Concerns: Multiple inmates have unattended health issues, and there is a lack of
medical or mental health treatment available.
12. Reentry Challenges: There are few reentry or aftercare options available to those
released from prisons, and a lack of housing opportunities upon release.
13. Investment in Alternatives: It may be beneficial to invest in diversion programs until the
tribes build a prison system and to attract grants and funding to build a prison.
14. Policy Changes: Policymakers and criminal justice administrators should recognize the
importance of community supervision in public safety, reducing crimes, and reserve
limited and expensive prison beds for serious, violent, and repeat offenders.
Recommendations
Several recommendations are provided below based on participant conversations during the Justice
System Planning Meeting with Oklahoma Tribes.
1) Develop a Memorandum of Agreement: The tribes affected by the McGirt ruling would benefit
from developing a comprehensive Memorandum of Agreement (MOA) outlining the following key
components:
a) Engage in Collaborative Negotiations:The tribes affected by the McGirt ruling should engage in
collaborative negotiations to develop a memorandum of agreement (MOA) that addresses the
shared goals and challenges related to tribal justice, incarceration, and data sharing. This
process should involve representatives from each tribe and may benefit from the involvement
of legal experts or mediators to facilitate the negotiation process.
b) Incorporate Information Sharing: The MOA should include provisions for information sharing
regarding financial expenses related to tribal justice and data related to convictions and
incarceration. This information can help create transparency and accountability in managing
tribal justice systems and incarceration facilities.
c) Commitment to Address Overcrowding: The MOA should detail a commitment to solve the
overcrowding of jails and prisons. This commitment can include exploring the construction of a
new prison facility to accommodate the needs of the tribes and address the challenges
associated with overcrowding.
d) Commitment to Strategic Planning: The MOA should also include a commitment to engage in
strategic planning to address the long-term needs of tribal justice systems and incarceration
facilities. This strategic planning process should involve input from all participating tribes and
may benefit from the involvement of experts in criminal justice and facility planning.
e) Develop a committee: The MOA should include the development of a committee comprising
representatives from each tribe affected by the McGirt ruling. The involvement of tribal
representatives ensures that the committee reflects the diverse perspectives and interests of
the affected tribes and fosters a sense of ownership and accountability in the strategic planning
process. The committee should meet regularly to maintain transparency, ensure open
communication, and affirmthat the strategic plan remains responsive to the evolving needs and
priorities of the tribes.
2) Hiring a Strategic Planner: The committee should employ or appoint a strategic planner. The
strategic planner will gather data, coordinate meetings, and develop a comprehensive plan for the
construction and operation of the prison.
3) Leveraging the Plan for Funding: Upon completion, the committee should use the strategic plan to
leverage funding from tribal and federal partners. Fund raising may involve presenting the strategy
to relevant stakeholders and seeking financial support for the construction and operation of the
prison.
4) Engaging Reentry and Community Partners: Establishing a close cooperation model and process
structure between reentry services, probation services, employment trainings, higher education,
housing, substance abuse, mental health, and community organizations can help create
opportunities for inmates to access the labor market after release.
5) Seek Technical Assistance: Seeking technical assistance from organizations such as the NCJTC, TJI,
and NIC can provide valuable guidance in developing memorandum of agreements, strategic
planning, new jail planning, including evaluating the current facility, designing, constructing, and
occupying the new facility, and making the transition to a new jail.
It's crucial to recognize that involving multiple tribes and stakeholders in the initial stages of MOA
developmentor strategic planning may present challenges but is far more beneficial than attempting to
include them in the middle of the process or post-construction. Likewise, constructing a prison with
evidence-based programs, adequate staffing, and training is a significant undertaking, but the long-term
advantages for community safety make it worthwhile.
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