Federal · Title 25 — Indians

25 U.S.C. § 2809: Reports to tribes

Civil

What this law says, in plain English

Federal law enforcement and prosecutors must notify tribal officials when they close or decline federal criminal investigations in Indian country, sharing case details and reasons while protecting confidential information.

Read the full statutory text
Subject to subsection (c), if a law enforcement officer or employee of any Federal department or agency terminates an investigation of an alleged violation of Federal criminal law in Indian country without referral for prosecution, the officer or employee shall coordinate with the appropriate tribal law enforcement officials regarding the status of the investigation and the use of evidence relevant to the case in a tribal court with authority over the crime alleged. the types of crimes alleged; the statuses of the accused as Indians or non-Indians; the statuses of the victims as Indians or non-Indians; and the reasons for deciding against referring the investigation for prosecution. Subject to subsection (c), if a United States Attorney declines to prosecute, or acts to terminate prosecution of, an alleged violation of Federal criminal law in Indian country, the United States Attorney shall coordinate with the appropriate tribal justice officials regarding the status of the investigation and the use of evidence relevant to the case in a tribal court with authority over the crime alleged. the types of crimes alleged; the statuses of the accused as Indians or non-Indians; the statuses of the victims as Indians or non-Indians; and the reasons for deciding to decline or terminate the prosecutions. in the aggregate; and for the Federal Bureau of Investigation, by Field Division; and for United States Attorneys, by Federal judicial district; and including any relevant explanatory statements. Nothing in this section requires any Federal agency or official to transfer or disclose any confidential, privileged, or statutorily protected communication, information, or source to an official of any Indian tribe. Nothing in this section affects or limits the requirements of Rule 6 of the Federal Rules of Criminal Procedure. The Attorney General shall establish, by regulation, standards for the protection of the confidential or privileged communications, information, and sources described in this section.

Verify at the official source: Federal legislative text

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