	Available Data Indicate Native American Youth Involvement in Justice Systems Declined from 2010 through 2016 and Differed in Some Ways from That of Non-Native American Youth

In our September 2018 report, we found that from 2010 through 2016 the  number of Native American youth in federal and state and local justice  systems declined across all phases of the justice process—arrest,  adjudication, and confinement—according to our analysis of available  data. At the federal level, arrests by federal agencies dropped from 60  Native American youth in 2010 to 20 in 2016, and at the state and local  level, arrests of Native American youth declined by almost 40 percent  from 18,295 arrested in 2010 to 11,002 in 2016. Our analysis also found that the vast majority of these Native American  youth came into contact with state and local justice systems, not the  federal system. We also found a number of similarities between Native American and  non-Native American youth in state and local justice systems. From fiscal years 2010  through 2016, the majority of Native American youth in the federal justice  system were arrested, adjudicated, or confined for offenses against a  person, with the top two specific offenses being assault and sex  offenses. In contrast, the majority of involvement of non-Native  American youth in the federal system during the same period was due to  public order or drug and alcohol offenses at all three stages, with the top  two specific offenses being drug and immigration related. DOJ and HHS Offered at Least 122 Grant Programs; Tribal Governments or Native American Organizations Were Eligible for Almost All but in a Sample of Applications We Reviewed, Applied Primarily for Programs Specifying Native Americans

In our September 2018 report, we identified 122 discretionary grants and  cooperative agreements (grant programs) offered by DOJ and HHS from  fiscal years 2015 through 2017 that could help prevent or address  delinquency among Native American youth. DOJ and HHS made  approximately $1.2 billion in first-year awards through the 122 programs  over the period, of which the agencies awarded about $207.7 million to  tribal governments or Native American organizations. Officials from the 10 tribal governments and Native American  organizations also identified various federal practices they found helpful  or challenging when applying for grant programs related to preventing or  addressing delinquency among Native American youth. Appendix II: GAO Findings Regarding American Indian and Alaska Native Youth Involvement with Tribal Justice Systems

Comprehensive data from tribal justice systems on the involvement of  American Indian and Alaska Native (Native American) youth were not  available.
Why GAO Did This Study

This testimony summarizes the information contained in GAO's September 2018 report, entitled Native American Youth: Involvement in Justice Systems and Information on Grants to Help Address Juvenile Delinquency ( GAO-18-591 ).

What GAO Found

GAO's analysis of available data found that the number of American Indian and Alaska Native (Native American) youth in federal and state and local justice systems declined across all phases of the justice process—arrest, adjudication, and confinement—from 2010 through 2016. During this period, state and local arrests of Native American youth declined by almost 40 percent from 18,295 in 2010 to 11,002 in 2016. The vast majority of Native American youth came into contact with state and local justice systems rather than the federal system.
However, more Native American youth were involved in the federal system than their percentage in the nationwide population (1.6 percent). For example, of all youth arrested by federal entities during the period, 18 percent were Native American. According to Department of Justice (DOJ) officials, this is due to federal jurisdiction over certain crimes involving Native Americans. Comprehensive data on Native American youth involvement in tribal justice systems were not available for analysis. GAO's analysis showed several differences between Native American and non-Native American youth in the federal justice system. For example, the majority of Native American youths' involvement was for offenses against a person, such as assault and sex offenses. In contrast, the majority of non-Native American youths' involvement was for public order offenses (e.g., immigration violations) or drug or alcohol offenses. On the other hand, in state and local justice systems, the involvement of Native American and non-Native American youth showed many similarities, such as similar offenses for each group.
DOJ and the Department of Health and Human Services (HHS) offered at least 122 discretionary grants and cooperative agreements (grant programs) from fiscal years 2015 through 2017 that could be used to address juvenile delinquency among Native American youth. DOJ and HHS made approximately $1.2 billion in first-year awards to grantees during the period, of which the agencies awarded approximately $207.7 million to tribal governments or Native American organizations. Officials from the agencies, tribal governments, and Native American organizations identified factors they believe affect success in applying for grant programs. For example, some tribal governments and Native American organizations found being able to call or meet with federal officials during the application process helpful but found that short application deadlines are a challenge.