Cited by 8Criminal Justice and Corrections AnalysisCriminal Justice and PenologyEducation Discipline and Inequality

The DOI matches its Crossref record; 7 of the 7 references it cites were found in a registry or an index; none of the 190 sources its claims cite is checked for support yet.

Locked Up: Fear, Racism, Prison Economics, and the Incarceration of Native Youth

Open access
Rolnick, Addie C.·2016·American Indian Culture and Research Journal

Abstract

Native youth are disproportionately incarcerated, often for relatively minor offenses. One potential solution is to move more Native youth out of federal and state courts and invest in tribal juvenile justice systems. Tribal systems are assumed to be less punitive than nontribal ones, so greater tribal control should mean less incarceration. Little is known, however, about the role of incarceration in tribally run systems. This article examines available information on Native youth in tribal juvenile justice systems from 1998 to 2013. At least sixteen new secure juvenile facilities were built to house youth under tribal court jurisdiction, with federal investment in incarceration far outpacing investment in alternative programs. The total number of juveniles housed in these facilities remained constant or declined, suggesting that new construction was not driven by a need for more bed space. Of the juveniles incarcerated in these facilities, a minority had committed violent offenses, suggesting that incarceration was used by tribes as a tool to address drug, alcohol, property, and other nonviolent offenses. By critically examining the central role played by incarceration in tribal juvenile systems and situating it against the backdrop of the national trend toward mass incarceration, this article seeks to help tribes avoid replicating mistakes made by other jurisdictions.

Overview

AI snapshot

Written from the paper’s full text.

TL;DR

This article examines Native youth incarceration in tribal juvenile justice systems from 1998 to 2013 and argues that strengthening tribal self-determination may not automatically reduce overincarceration. It shows that secure juvenile facilities expanded even as the number of juveniles held declined, driven by fear, racialized crime rhetoric, criminalization of nonviolent offenses, and prison economics.

Key findings

  • Between 1998 and 2013, correctional facilities on tribal lands rose from 69 to 79, a net increase of 10, with about half of that net increase due to new juvenile facilities; at least 16 new juvenile facilities were built to house youth under tribal court jurisdiction, and stand-alone juvenile facilities nearly doubled while the number of juveniles held fell from 303 in 1998 to 190 in 2013.
  • In June 2013, of 164 juveniles held in 16 designated juvenile facilities, 23% (38) were held for violent offenses, 5% (9) for property offenses, and 20% (33) for drug- or alcohol-related offenses; less than one-quarter were held for violent offenses.
  • Federal funding strongly favored incarceration over alternatives: the DOJ provided over $150 million in grants to tribes to build incarceration facilities between 1997 and 2004; the BIA received $637 million for law enforcement services plus $31.5 million for operation, maintenance, and staffing of new facilities; the Tribal Youth Program received $10–$13 million annually from 1999 to 2008; and the BIA detention budget grew from $43.8 million in 2005 to $64.7 million in 2009.
  • The article links this investment to three structural factors: prison construction is not explained by violent crime rates; fear and racialized perceptions of crime, along with criminalization of nonviolent behavior, drive incarceration; and economic incentives—including contract beds and pressure to keep facilities full—can make prisons self-perpetuating.

Methods

  • Descriptive policy and legal analysis of available information on Native youth in tribal juvenile justice systems during 1998–2013, focusing on facility counts, juvenile inmate counts, offense types, and federal funding streams.
  • Data sources include the Bureau of Justice Statistics’ annual *Jails in Indian Country* reports, BIA facility inventories, Department of the Interior Office of Inspector General reports, BIA budget justifications, DOJ/OJJDP reports, an unpublished Association on American Indian Affairs list of Indian country juvenile facilities, and the author’s professional observations and anecdotes.
  • The analysis compiles tables and trends, compares facility growth against juvenile population changes, and situates the findings within the broader mass incarceration literature; no new primary data collection or causal modeling is conducted.

Limitations

  • The author states that publicly available data on juvenile justice in Indian country is limited, incomplete, and at times contradictory; no definitive count exists of facilities, juvenile housing arrangements, or offenses, and a complete accounting would require visiting every BIA facility and gathering information from tribes, a task no one has yet accomplished.
  • Specific data gaps include: the *Survey of Jails in Indian Country* was not conducted in 2005 or 2006; the offense table is a rough count from 16 designated juvenile facilities and excludes facilities not clearly designated as juvenile; discrepancies exist among sources, such as facility counts and the 2000 mid-year inmate count; and some tribally operated facilities may not appear in the BIA inventory.
  • Evident from the text: the article relies on descriptive and incomplete data, secondary reports, and anecdotes, so it cannot establish causal relationships between facility construction and incarceration rates or definitively test whether tribal systems are less punitive; the author notes it “sketches out the contours of a phenomenon I have observed but which cannot yet be carefully documented.”

Model-written summary. Check it against the paper before relying on it.

Integrity signals

Registry

Crossref · 10.17953/aicrj.40.1.rolnick

Cites

7 of 7 references verified0 citation errors · 0 not checkable

Statistics

Nothing to recompute.

Verification

Claims the paper makes

174 Sources not found · 63 Own interpretation · 28 No basis given · 8 Own result · 2 Own method · 1 Not checked yet

Show all 126 claims

  • It may state two separate claims as one. 108
  • Probably not a substantial claim. 60
150 of 150
  • The authors state this as an assumption.

    Tribal juvenile justice systems will automatically be less punitive than nontribal ones and will rely less on incarceration.

    “relies on the assumption that tribal juvenile justice systems will automatically be less punitive than nontribal ones.”
    “There are several reasons to assume that tribes would rely less on incarceration.”
    “which are often assumed to be less likely to rely on incarceration to address juvenile delinquency.”
  • The paper relies on this without support.

    Little is known about whether youth adjudicated in tribal courts experience less incarceration and about the role of incarceration in tribally run systems and potential barriers to reducing incarceration there.

    “Little is known, however, about whether youth adjudicated in tribal courts experience less incarceration and, more broadly, about the role of incarceration in tribally run systems and potential barriers to reducing incarceration there.”
  • The paper relies on this without support.

    All facilities included in the federal inventory are built to the highest security level and are functionally equivalent to juvenile prisons.

    “To the best of my knowledge, all of the facilities included in the federal inventory are built to the highest security level.In other words, they are functionally equivalent to juvenile prisons.”
  • The paper relies on this without support.

    Most tribal communities have high unemployment rates and very little available funding for government infrastructure.

    “Most tribal communities have high unemployment rates and very little available funding for government infrastructure.”
  • The paper relies on this without support.

    Tribes rely on the federal government for financial, personnel, and technical assistance to build their justice systems.

    “In order to build their justice systems, tribes rely on the federal government for financial, personnel and technical assistance, so Congressional and agency priorities drive tribal choices.”
  • The paper relies on this without support.

    For Indian tribes, local poverty and federal funding shortages create an atmosphere in which economic development and finding funding for core government programs is an enormous concern.

    “For Indian tribes, local poverty and federal funding shortages create an atmosphere in which economic development and finding funding for core government programs is an enormous concern.”
  • The paper relies on this without support.

    Funding for tribal detention facilities is typically based on the number of detainees held in the facility.

    “Because funding (whether from the federal government or from contract sources) is typically based à à à on the number of detainees held in the facility, tribes may feel pressure to keep the beds full”
  • The paper relies on this without support.

    Only a small handful of offenders are so dangerous that they cannot be released into the community.

    “Only a small handful of offenders are so dangerous that they cannot be released into the community.”
  • The paper relies on this without support.

    Even serious juvenile offenders may benefit from treatment and intervention services.

    “as even serious juvenile offenders may benefit from treatment and intervention services”
  • The paper relies on this without support.

    Imprisonment is not the only option for most offenders.

    “imprisonment, though sometime publicly favored, is not the only option for most”
  • The paper relies on this without support.

    The best available federal data on Indian country facilities, though incomplete and contradictory, is adequate for the article's counts and trends.

    “This article therefore relies on the best available information, recognizing that the information is incomplete and at times contradictory.”
  • The paper relies on this without support.

    Tribal youth who require residential treatment are often sent to state, local, or private programs.

    “Tribal youth who require residential treatment are often sent to state, local, or private programs.”
12 of 12

Self-check

Percentages, sums and reported differences re-computed from the paper’s own numbers.

Each contradiction between two passages listed here was confirmed by an independent check.

3 of 3

Citations

Cites

Show all 7 references

Research works printed but not linked: 7

  1. Carole Goldberg, Duane Champagne, and Heather Valdez Singleton, Final Report: Law Enforcement and Justice Under Public Law 280 (2007), 9, ncjrs.gov/pdffiles1/ nij/grants/222585.pdf. As a result, juveniles from all but one tribe may be adjudicated in the state system.
  2. From 1999 until 2009, the Correctional Facilities on Tribal Lands grant program provided funding only for construction of and upgrades to locked tribal facilities, meaning that a tribe could not access any of this funding for juvenile justice unless it planned to invest in incarceration. After 2009, the program was reauthorized and renamed the Correctional Systems and Correctional Alternatives on Tribal Lands program. Grants can now be used to fund planning, construction, and upgrades for multi-purpose justice facilities and alternative facilities. US Department of Justice and US Department of Interior, Tribal Law and Order Act: Long Term Plan to Build and Enhance Tribal Justice Systems 33 (2011), 23. 104. Ibid., 37. 105. The Bureau' s budget for detention increased from $43.8 million in 2005 to $64.7 million in 2009, and the appropriations language did not specify how the funding was to be used. US Department of the Interior, Office of the Inspector General, Bureau of Indian Affairs Detention Facilities (2011), 2. 106. The Tribal Youth Program was established in 1999 and was funded at $10 million in 1999, $12.5 million in 2000 and 2001, and $12.47 million in 2002; see Kay McKinney, "OJJDP' s Tribal Youth Initiatives," OJJDP Juvenile Justice Bulletin (May 2003), ncjrs.gov/html/ojjdp/193763/pg1. html. The funding level remained at $12 million annually in 2003 and 2004. For 2003 and 2004, the OJJDP' s annual report describe two other funding sources for juvenile justice in Indian country: the TYP Mental Health Initiative provided funding for substance abuse and mental health services, and the Tribal Juvenile Accountability Discretionary Grant Program, which was introduced in 2004 to promote reforms that "hold AI/AN youth accountable for their actions;" see US Department of Justice, Office of Juvenile Justice and Delinquency Prevention, OJJDP Annual Report 2003-2004, 45, ncjrs.gov/pdffiles1/ojjdp/206630.pdf. This program is a subset of the Juvenile Accountability Block Grant to states, which can be used to fund expansion, renovation, or staffing of incarcera- tion facilities. US Department of Justice, Office of Juvenile Justice and Delinquency Prevention, "Juvenile Accountability Block Grant Program: Program Purposes Areas," ojjdp.gov/jabg/purpose. html. Appropriations for the Tribal Youth Program decreased to $10 million for 2005, increased to $14 million in 2008, increased again to $25 million in 2009 and 2010 (although only $12 million was awarded in grants in 2009), then fell again, with appropriations ranging from $5 million to $10 million in 2012-16. US Department of Justice, Office of Juvenile Justice and Delinquency Prevention, FY 2005 Tribal Youth Program Announcement (2005), http://www.ojjdp.gov/funding/fy2005typ. pdf; OJJDP Annual Report 2009, 26, ncjrs.gov/pdffiles1/ojjdp/229305.pdf;
  3. as part of the Tribal Law and Order Act, but that authorization ended in fiscal year 2015; see Public Law No. 11-211, §246. 107. Tribal youth who require residential treatment are often sent to state, local, or private programs. 108. Association on American Indian Affairs, "Federal Funding for Tribal Detention Facilities: Source of Funding & Limitations on Its Use" (2014), indian-affairs.org/uploads/5/4/7/6/54761515/ fedfundtribaldetenfacdoc.pdf. 109. Attorney General' s Advisory Committee, Ending Violence, 119. 110. Lynch, Sunbelt Justice, 3; Marc Mauer, Race to Incarcerate: The Sentencing Project (New York: The New Press, 1999), 19-21.
  4. According to Mauer, until 1970 the prison population in the United States had remained relatively stable for decades. Policymakers had even proposed a moratorium on new prison construction, and several juvenile prisons were closed; see pages 15-40. Then, between 1972 and 1997, the United States prison population increased 500%, from 200,000 to 1.2 million; see page 19. Prisoner populations and prison construction went hand in hand; more than half the of the prisons operating today were built in the last 20 years; see page 9. Zimring compared the rate of imprisonment per 100,000 people in 1970 and 2007 and found a fivefold increase. He describes this increase as "a growth in rates of imprisonment that has never been recorded in the history of developed nations" and points out that the 2007 imprisonment rate was "four times the highest level of imprisonment in the four decades prior to 1970." Franklin E. Zimring, "The Scale of Imprisonment in the United States: Twentieth Century Patterns and Twenty-First Century Prospects," The Journal of Criminal Law and Criminology, vol. 100, no. 3 (2010), 1,230, scholarlycommons.law.northwestern. edu/jclc/vol100/iss3/17/. 111. Feld describes how, in the 1960s and 1970s, the justification for juvenile confinement shifted away from the idea of indeterminate sentences with a goal of rehabilitation and began to favor the kind of fixed, punitive sentences used in the adult criminal justice system.
  5. Loic Wacquant, Prisons of Poverty (University of Minnesota Press 2010);
  6. Priscilla A. Ocen, "The New Racially Restrictive Covenant: Race, Welfare and the Policing of Black Women in Public Housing," UCLA Law Review 59, no. 6 (2012), http://www.uclalawreview.org/pdf/59-6-4.pdf;
  7. Dorothy E. Roberts, "Prison, Foster Care, and the Systematic Punishment of Black Mothers," UCLA Law Review 59, no. 6 (2012), uclalawreview.org/ pdf/59-6-2.pdf. à à à 158.

Cited by

Sorted by citations

See all 8

Metadata

Authors
Rolnick, A. C.
Affiliations
University of Nevada, Las Vegas (US)
Corresponding author
Rolnick, Addie C.
Venue
American Indian Culture and Research Journal
Published
2016-01-01
Volume
40
Issue
1
Pages
55-92
ISSN
0161-6463 (ISSN-L)
OpenAlex
W2466685921
Cited by
8
References
7
Citations by year
2026: 2 · 2024: 1 · 2022: 1 · 2021: 3 · 2020: 1
FWCI
0.00
Type
journal article
Language
en
Open access
Locations
  • American Indian Culture and Research Journal (publishedVersion)
  • Scholarly Commons - UNLV Boyd Law (University of Nevada, Las Vegas) (submittedVersion)
  • SSRN Electronic Journal (submittedVersion)
  • eScholarship (California Digital Library) (submittedVersion, cc-by-nc)
Topics
  • Social Sciences › Sociology and Political Science › Criminal Justice and Corrections Analysis
  • Social Sciences › Law › Criminal Justice and Penology
  • Social Sciences › Education › Education Discipline and Inequality
Keywords
Native American youth, juvenile detention, mass incarceration, fear of crime, racism, non-violent crime, alternative programs, tribal courts

About these checks

Registry, retraction, Cites and statistics results are computed, not judged, with one exception: a printed reference that no index lists is read once by a model before it counts as a citation error. Claims are extracted by a model and kept only when their quote appears verbatim in the text; each cited source is then checked, with a model’s help, for whether it says what the claim relies on. Those verdicts can be wrong — read the claim’s quote and the cited source before relying on one.

A language model drew the claims from the paper on 2026-10-23, under version 3 of the claim definition (model deepseek-v4.1-flash, prompt extract-v3).

A second model labelled each claim on 2026-10-23 (model jev-1.13-20260917, definition revision gold-guideline-v0.2).

Statistics and arithmetic are recomputed, not judged.

Confidence bands are shown only for fields calibrated on our annotated test set. None is calibrated yet, so no band is shown.

What counts as a claim ›How we measure confidence ›How we check this ›

Are you an author, or do you see a problem with this page? Request a review

How to cite

Cite CoChat for the checks on this page, and the paper for its own findings.

This page
CoChat. (2026). Citation check: Locked Up: Fear, Racism, Prison Economics, and the Incarceration of Native Youth. https://app.cochat.ai/papers/10.17953/aicrj.40.1.rolnick
The paper
Rolnick, A. C. (2016). Locked Up: Fear, Racism, Prison Economics, and the Incarceration of Native Youth. American Indian Culture and Research Journal. https://doi.org/10.17953/aicrj.40.1.rolnick