Further, the vast majority of these Native American youth came  into contact with state and local justice systems, not the federal system. Involvement of Native American Youth in the Justice Systems Declined from 2010 through 2016

The number of Native American youth involved with state and local and  federal justice systems declined from 2010 through 2016 across all  phases of the justice process—arrest, adjudication, and confinement in  facilities, according to our analysis of available data. Comprehensive data  from tribal justice systems on the involvement of Native American youth  were not available. Arrests

State and local and federal. As  shown in table 3, arrests declined from 18,295 in 2010 to 11,002 in 2016. Data Show that Representation of Native American Youth in the Federal Justice System Was Greater Than Their Representation in the Youth Population, but Their Representation in Most State and Local Justice Systems Was Comparable

The percentage of youth who were Native American among those  involved with the federal justice system from 2010 through 2016 was  greater than the percent of Native American youth in the nationwide youth  population, according to analysis of available data. In contrast, the majority of  involvement of non-Native American youth was due to public order or  drug and alcohol offenses. According to DOJ officials, the reason most Native American youth were  arrested, adjudicated, and confined for person offenses was due to  federal jurisdiction over Indians for major crimes (such as person offenses  like burglary and sex offenses) in Indian country. Available Data Indicate That There Were Several Similarities between Native American and Non- Native American Youth in State and Local Justice Systems

Analysis of available data indicates that there were several similarities  between Native American and non-Native American youth involvement  with state and local justice systems over the period analyzed. 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

We identified 122 discretionary grant programs across several issue  areas such as violence or trauma, justice system reform, and alcohol and  substance abuse that DOJ and HHS offered from fiscal years 2015  through 2017 that grantees could use to help prevent or address  delinquency among Native American youth. DOJ and HHS awarded  approximately $1.2 billion in first year awards during this period, about  $207.7 million of which they collectively awarded to tribal governments  and Native American organizations. For example, some tribal governments and  Native American organizations found being able to call or meet with  federal officials during the application process to be helpful but that short  application deadlines are a challenge. Appendix I: Objectives, Scope, and Methodology

This report addresses (1) what available data show about the number and  characteristics of Native American youth in the federal, state and local,  and tribal justice systems; and (2) what discretionary grant programs  federal agencies fund that could help prevent or address delinquency  among Native American youth, and the extent to which tribal  governments and Native American organizations have access to them. We limited our  analysis to youth arrested by federal agencies (e.g. To determine some of the factors that affected the ability of tribal  governments and Native American organizations to apply successfully for  grant programs that could help prevent or address delinquency among  Native American youth, we:  interviewed or received written responses from DOJ and HHS officials  to obtain their perspectives,  interviewed or received written responses from representatives from a  non-generalizable sample of 10 tribal governments and Native  American organizations that applied for or received funding from one  or more of the 122 grant programs, and  reviewed a non-generalizable sample of 29 DOJ and 30 HHS peer  review summary statements from unsuccessful applications that tribal  governments and Native American organizations submitted for  selected grant programs that we identified as relevant for the  purposes of this review.
Why GAO Did This Study

Native American youth face unique challenges when it comes to their contact with justice systems. Research shows that risk factors such as high rates of poverty and substance abuse make them susceptible to being involved with justice systems at the federal, state and local, and tribal levels. GAO was asked to examine the extent of Native American youth involvement in justice systems, and federal grant programs that may help address Native American youth delinquency.
This report examines (1) what available data show about the number and characteristics of Native American youth in federal, state and local, and tribal justice systems; and (2) federal discretionary grant programs that could help prevent or address delinquency among Native American youth, and tribal government and Native American organizations' access to those grants. GAO analyzed federal, state and local, and tribal arrest, adjudication, and confinement data from 2010 through 2016 (the most recent available) from DOJ and the Department of the Interior. GAO also analyzed DOJ and HHS grant program award documentation from fiscal years 2015 through 2017, and application information for a sample of the grant programs chosen based on the amount of funding awarded and other factors. GAO also interviewed officials from DOJ, HHS, and 10 tribal governments or Native American organizations chosen to include successful and unsuccessful applicants to the grant programs, among other things.

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.