Detailed Summary

Tribal Law and Order Act of 2008 - Amends the Indian Law Enforcement Reform Act to direct the Secretary of the Interior to submit to Congress a long-term plan to address incarceration in Indian country. Authorizes each U.S. Attorney serving a district that includes Indian country to appoint Special Assistant U.S. Attorneys to prosecute crimes in Indian country when the crime rate, or the rate at which criminal offenses are declined to be prosecuted, exceeds the national average. Establishes in the Department of Justice's (DOJ) criminal division an Office of Indian Country Crime.

Requires the United States to maintain concurrent jurisdiction to prosecute serious crimes in Indian country under specified circumstances. Authorizes the Attorney General to provide assistance to state, tribal, and local governments that enter into cooperative agreements to improve law enforcement effectiveness and reduce crime in and around Indian country.

Directs the Attorney General to ensure that tribal law enforcement officials that meet applicable requirements have access to national crime information databases.

Establishes: (1) the Indian Law and Order Commission to conduct a comprehensive study of law enforcement and criminal justice in tribal communities and recommend improvements to justice systems at the tribal, federal, and state levels; and (2) within the Substance Abuse and Mental Health Services Administration,an Office of Indian Alcohol and Substance Abuse .

Provides for: (1) the tracking of crimes committed in Indian country and grants to improve tribal data collection systems; (2) training in interviewing victims of domestic and sexual violence and collecting, preserving, and presenting evidence to prosecutors; (3) the development of victim services and victim advocate training programs; and (4) the development of standardized sexual assault policies and protocol.

Status of the Legislation

Latest Major Action: 9/18/2008: Senate committee/subcommittee actions. Status: Committee on Indian Affairs. Hearings held.

Points in Favor

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Points Against

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