Post by Okwes on Mar 7, 2008 14:38:47 GMT -5
Bill would let tribal police arrest non-Indians
February 27, 2008
www.spokesmanreview.com/breaking/story.asp?ID=13849
<http://www.spokesmanreview.com/breaking/story.asp?ID=13849>
OLYMPIA – A bill that would expand some tribal police officers'
power to arrest non-Indian criminals on reservations is moving quickly
in the Legislature.
Proponents say the bill would speed up police response on reservations,
which some say are in danger of becoming "havens" for non-Indian
criminals who feel they have little to fear. The House of
Representatives has approved House Bill 2476 and it's expected to be
approved by a Senate committee before a key deadline Friday.
"Right now we have citizens in the state of Washington that like to
think of reservations as free zones," said state Rep. John McCoy,
D-Marysville, a Tulalip tribal member.
For tribes that want expanded policing authority, McCoy's bill would
grant them general law enforcement powers, so long as they have the same
training, psychological evaluation and polygraph test that other
officers undergo. The tribe would also have to provide liability
insurance. Except in cases such as hot pursuits or joint operations, the
police powers would only apply on reservations.
Some conservative lawmakers – and nearly every sheriff in the state
– are opposed. Some say they worry about accountability and
liability. Others note that such agreements already are possible and say
the matter should be left up to a sheriff.
"We are circumventing the authority of the local sheriff if we enact
this bill. That's the way I read it," said state Rep. Mike
Armstrong, R-Wenatchee.
Law enforcement on reservations is a complex patchwork of jurisdictions.
Except for major crimes, which are handled by federal agents, tribal
members committing crimes against other members on tribal land typically
fall under the jurisdiction of the tribe's police and courts.
Non-Indian criminals are not subject to tribal courts. In most cases,
tribal police can detain a non-Indian suspect but cannot arrest the
person. So they hold him and call for a county deputy.
And that's the problem, McCoy and tribal police say. It can take
hours to get a busy deputy on scene.
McCoy himself has faced this problem. When a non-Indian burglar broke
into his office late one night, McCoy said, he bolted from bed and tried
to use his truck to block the thief's pickup from escaping.
"An hour and 45 minutes later, the sheriff showed up," McCoy
told lawmakers. He said he understands that county deputies are busy.
But if tribal police are available, he said, they should be able to
arrest the person and investigate the crime.
"I view it as equal protection under the law," McCoy said.
Some tribes already do this. Colville tribal police have been
commissioned as Okanogan and Ferry county deputies for years, with the
same law enforcement powers. With the tribe's 25 commissioned
officers covering everyone on the reservation, the counties save time
and money, said Cory Orr, assistant chief of the Colville Tribal Police
Department.
"In my view, it enhances the sovereignty of the tribe," Orr
said. "My officers police everything within our boundaries.
We're able to handle all comers on our reservation."
McCoy and other proponents cite a 2004 report by the U.S. Department of
Justice that found that American Indians are twice as likely as other
races to be the victim of violence.
In one category of crime – murders of juveniles from 1976 to 1999
– the killer in 70 percent of cases was another American Indian. But
unlike whites and blacks, who tend to suffer violence primarily at the
hands of someone of the same race, the study suggests that Indians are
primarily victimized by members of other races. At least two-thirds of
the time, robberies and assaults of tribal members were done by whites
or blacks.
The numbers were particularly striking for sexual assault, where federal
statisticians calculated that 86 percent of Native American victims were
raped or sexually assaulted by whites or blacks.
"And by virtue of race, we can't touch them," Mike Lasnier,
chief of the Suquamish tribal police, told lawmakers at a recent
hearing. Because of jurisdictional problems, he said, reservations are
also targeted by organized crime trying to move drugs.
On New Year's Eve several years ago, Lasnier said, he had to let an
obviously impaired driver go uncharged because no deputy would be
available for eight hours. (The motorist was not allowed to drive home.)
Two years later, Lasnier said, that same driver killed three people in a
wreck.
According to the state sheriff's association, 38 of the state's
39 county sheriffs oppose the bill. Snohomish County Sheriff John
Lovick, a former state lawmaker, was the only dissenter. In a letter to
lawmakers, the sheriffs said they're worried about liability in case
someone sues over a tribal officer's actions. Tribal officers said
their federal training is at least as good as the state's training
center.
"It's presumptuous and I think at best inaccurate" to
suppose that tribal police have less training, said Scott Smith, chief
of Tulalip tribal police.
Some lawmakers seem skeptical. Under questioning at a legislative
hearing last week, Smith acknowledged that in two months on the job,
he's fired three people who didn't meet his standards.
"You've been there for two months and you've fired three
people. What should I read from that that existed there prior to your
arrival?" said Sen. Mike Carrell, R-Lakewood.
Rep. Joel Kretz, R-Wauconda, also said the jurisdiction problem is a
two-way street. The bill would not grant deputies any more authority
over tribal members on reservations.
"What I've seen is it works both ways," Kretz told McCoy.
"I could tell you a lot of stories about crimes being committed
off-reservation where the perpetrator goes back, whether it's a
tribal member or not."
McCoy agreed. "Yes, we have Indians that misbehave, and they use the
jurisdiction just like the non-Indians," he said. But he said his
tribe is cracking down.
"Because we don't want anybody to break the law," McCoy
said, "no matter what the color of their skin."
February 27, 2008
www.spokesmanreview.com/breaking/story.asp?ID=13849
<http://www.spokesmanreview.com/breaking/story.asp?ID=13849>
OLYMPIA – A bill that would expand some tribal police officers'
power to arrest non-Indian criminals on reservations is moving quickly
in the Legislature.
Proponents say the bill would speed up police response on reservations,
which some say are in danger of becoming "havens" for non-Indian
criminals who feel they have little to fear. The House of
Representatives has approved House Bill 2476 and it's expected to be
approved by a Senate committee before a key deadline Friday.
"Right now we have citizens in the state of Washington that like to
think of reservations as free zones," said state Rep. John McCoy,
D-Marysville, a Tulalip tribal member.
For tribes that want expanded policing authority, McCoy's bill would
grant them general law enforcement powers, so long as they have the same
training, psychological evaluation and polygraph test that other
officers undergo. The tribe would also have to provide liability
insurance. Except in cases such as hot pursuits or joint operations, the
police powers would only apply on reservations.
Some conservative lawmakers – and nearly every sheriff in the state
– are opposed. Some say they worry about accountability and
liability. Others note that such agreements already are possible and say
the matter should be left up to a sheriff.
"We are circumventing the authority of the local sheriff if we enact
this bill. That's the way I read it," said state Rep. Mike
Armstrong, R-Wenatchee.
Law enforcement on reservations is a complex patchwork of jurisdictions.
Except for major crimes, which are handled by federal agents, tribal
members committing crimes against other members on tribal land typically
fall under the jurisdiction of the tribe's police and courts.
Non-Indian criminals are not subject to tribal courts. In most cases,
tribal police can detain a non-Indian suspect but cannot arrest the
person. So they hold him and call for a county deputy.
And that's the problem, McCoy and tribal police say. It can take
hours to get a busy deputy on scene.
McCoy himself has faced this problem. When a non-Indian burglar broke
into his office late one night, McCoy said, he bolted from bed and tried
to use his truck to block the thief's pickup from escaping.
"An hour and 45 minutes later, the sheriff showed up," McCoy
told lawmakers. He said he understands that county deputies are busy.
But if tribal police are available, he said, they should be able to
arrest the person and investigate the crime.
"I view it as equal protection under the law," McCoy said.
Some tribes already do this. Colville tribal police have been
commissioned as Okanogan and Ferry county deputies for years, with the
same law enforcement powers. With the tribe's 25 commissioned
officers covering everyone on the reservation, the counties save time
and money, said Cory Orr, assistant chief of the Colville Tribal Police
Department.
"In my view, it enhances the sovereignty of the tribe," Orr
said. "My officers police everything within our boundaries.
We're able to handle all comers on our reservation."
McCoy and other proponents cite a 2004 report by the U.S. Department of
Justice that found that American Indians are twice as likely as other
races to be the victim of violence.
In one category of crime – murders of juveniles from 1976 to 1999
– the killer in 70 percent of cases was another American Indian. But
unlike whites and blacks, who tend to suffer violence primarily at the
hands of someone of the same race, the study suggests that Indians are
primarily victimized by members of other races. At least two-thirds of
the time, robberies and assaults of tribal members were done by whites
or blacks.
The numbers were particularly striking for sexual assault, where federal
statisticians calculated that 86 percent of Native American victims were
raped or sexually assaulted by whites or blacks.
"And by virtue of race, we can't touch them," Mike Lasnier,
chief of the Suquamish tribal police, told lawmakers at a recent
hearing. Because of jurisdictional problems, he said, reservations are
also targeted by organized crime trying to move drugs.
On New Year's Eve several years ago, Lasnier said, he had to let an
obviously impaired driver go uncharged because no deputy would be
available for eight hours. (The motorist was not allowed to drive home.)
Two years later, Lasnier said, that same driver killed three people in a
wreck.
According to the state sheriff's association, 38 of the state's
39 county sheriffs oppose the bill. Snohomish County Sheriff John
Lovick, a former state lawmaker, was the only dissenter. In a letter to
lawmakers, the sheriffs said they're worried about liability in case
someone sues over a tribal officer's actions. Tribal officers said
their federal training is at least as good as the state's training
center.
"It's presumptuous and I think at best inaccurate" to
suppose that tribal police have less training, said Scott Smith, chief
of Tulalip tribal police.
Some lawmakers seem skeptical. Under questioning at a legislative
hearing last week, Smith acknowledged that in two months on the job,
he's fired three people who didn't meet his standards.
"You've been there for two months and you've fired three
people. What should I read from that that existed there prior to your
arrival?" said Sen. Mike Carrell, R-Lakewood.
Rep. Joel Kretz, R-Wauconda, also said the jurisdiction problem is a
two-way street. The bill would not grant deputies any more authority
over tribal members on reservations.
"What I've seen is it works both ways," Kretz told McCoy.
"I could tell you a lot of stories about crimes being committed
off-reservation where the perpetrator goes back, whether it's a
tribal member or not."
McCoy agreed. "Yes, we have Indians that misbehave, and they use the
jurisdiction just like the non-Indians," he said. But he said his
tribe is cracking down.
"Because we don't want anybody to break the law," McCoy
said, "no matter what the color of their skin."