In Wyoming, just seven officers patrol the 2.3 million acres of the Wind River Reservation. They are forced to answer dangerous calls with no backup, testified Wyoming U.S. Attorney Matthew Mead.
“The magnitude of crime against Native Americans is a tragedy, not just for the victims and the victims' families, but for all of us collectively,” Mead said.
Witnesses at the Senate Indian Affairs Committee hearing on law enforcement in Indian Country also cited problems with jurisdictional conflict between federal, state, tribal and local agencies and recent reports on violence against Indian women.
Committee Chairman Byron Dorgan, D-N.D., said BIA law enforcement is staffed at just 31 percent of need and corrections at 39 percent of need. He wondered why a more urgent effort has not been made to boost those levels.
BIA Director Patrick Ragsdale confirmed the numbers and called crime rates on most reservations “unacceptably high.” He said a Bush administration effort called the Safe Indian Communities Initiative, which would increase BIA law enforcement funding by $16 million to a total of $233.8 million, would be a good start. But even with that boost, he said, the funding would be at about 50 percent of need.
“On many reservations, there is no 24-hour police coverage,” Ragsdale said. “Police officers often patrol alone and respond alone to both misdemeanor and felony calls. Our police officers are placed in great danger because backup is sometimes miles and hours away, if available at all.”
Dorgan responded that the funding recommendation makes such a small dent that it “isn't very relevant.”
Ragsdale also testified on complex jurisdiction issues in Indian Country, a mounting drug problem on reservations and the poor condition of detention facilities.
Tester told the witnesses they should all have on the tip of their tongues the question of what's the biggest problem and what's the best solution, so that policymakers can come forward with initiatives.
“We have got to do something in Indian Country to stop what's going on right now,” Tester said. “It is a catastrophe in the state of Montana.”
He added that throwing money at the problem won't help, but that resources have to be deployed in the right way.
Montana U.S. Attorney Bill Mercer said in a telephone interview that the FBI has a substantial complement of 11 agents in the state that work in Indian Country. There are also numerous multi-jurisdictional drug task forces in Montana funded almost entirely by federal money. Mercer's office gets drug cases from all those task forces. The BIA also provides some resources either directly through officers or contracting with tribes to provide their own policing.
While his office and federal agencies have substantial resources, Mercer said, at times the calls for assistance to local police on reservations can be overwhelming.
“While I don't have precise numbers, it is fair to say it is a frequent concern voiced by both Indian Country law enforcement and tribal leaders (that they are) short in terms of local policing resources,” he said.
Committee vice chairman Craig Thomas, R-Wyo., said Bureau of Justice statistics show the violent crime rate in Indian Country is 101 per 1,000 population, compared with the national average of 41 per 1,000.
Mead testified that it's hard to work on quality-of-life issues in Indian Country when personal security and law enforcement remain insufficiently addressed.
He said he works closely with the tribes and with various federal, state and local officers. But despite their best efforts, he said, concerns remain over the high incidence of violent crime and substance abuse, increased drug trafficking, strained law enforcement resources and the need for better victim support.
Mead cited several successes, including the recent Legarda case in which 54 of 63 indicted individuals have been convicted of meth-related offenses. But the serious substance abuse problem on reservations continues to lead to many violent crimes, he said.
Because of the reservation's large size, Mead said, funding for federal law enforcement should not be based solely on population, but geographic size should be taken into account as well.
“When people have to travel 30, 40, 50 miles to make a call, that should be involved in the equation on resources,” he said.
He said various agencies must have agreements to work across jurisdictions, because drug dealers don't stop at borders.
“We need to recognize that, we need to have those relationships where we can chase them,” he said.
Thomas asked each witness what should be done about the problem. Ragsdale talked about better funding to address shortages and more training. Regina Schofield, assistant attorney general in the Office of Justice Programs, said breaking down barriers on the ground and working across government agencies to have partnerships were important.
Mead advocated cooperative agreements, saying it's relatively new to have the Drug Enforcement Agency involved in Indian Country the way its agents are now. He also praised two studies now under way and a recent Amnesty International report on violence against American Indian women.
The Amnesty International report said that Native women are 2.5 times as likely to be raped or sexually assaulted as other women in America. The U.S. government has created a complex maze of tribal, state and federal jurisdictions that often allows perpetrators to escape justice - and in some cases effectively creates jurisdictional vacuums that encourage assaults, it said.
While he doesn't necessarily agree with everything in the report, Mead said, anything that draws attention to the problem is welcome.
Two additional studies should be finished next year, he said. One by the National Institute of Justice in collaboration with the Office on Violence against Women will study crimes against Indian women and the effectiveness of law enforcement response.
The other by the Department of Health and Human Services will look at the national incidence of injuries and homicides resulting from crimes against American Indian women and the cost of health care for the injuries.
Other senators criticized the lack of funding for tribal drug courts and for Byrne grants.
Dorgan said the committee will conduct another hearing in June to focus on legislative solutions to the problems.
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