NORTHWEST HIGH INTENSITY DRUG TRAFFICKING AREA

Transcription

1 NORTHWEST HIGH INTENSITY DRUG TRAFFICKING AREA CRIMINAL EXPLOITATION OF WASHINGTON STATE TRIBAL LANDS 2009 DAVE RODRIGUEZ, DIRECTOR ND AVENUE WEST SEATTLE WASHINGTON (206)

2 Northwest HIDTA thanks Artist, RANDY CAPOEMAN (IN MEMORIAL ) of the Quinault Nation for his gift of Sovereignty in 2002 for the cover of this report. This is the eagle and the canoe, which represents sovereignty. I incorporated the southwest pattern into the sun and into the main body of the eagle. You have the land and trees and the blue represents the water and sky.

3 TABLE OF CONTENTS INTRODUCTION 2 COMMUNITY 4 Geography and Demographics 4 Government and Economic Contributions 5 TREATIES AND JURISDICTIONS UNDERSTANDING SOVEREIGNTY 8 Communication 8 Wants, Warrants & Protection Orders 8 Jurisdictions Recognizing Authority 9 Defining Tribal Status 12 Basic Rules of Jurisdiction 13 Trust Property 14 Fee Simple Property 15 Public Roads (Reservation) 16 DRUG PREVENTION AND TREATMENT 18 Drugs of Choice 18 ARCOS Report 18 Health and Wellness 20 Community Effort 21 Drug Courts 22 TRIBAL STATISTICS AND JURISDICTION INTERACTION 24 Crime Statistics 24 NWHIDTA Native American Project Initiatives 25 Agency Interaction 26 Federal Agencies 27 County and Municipal Agencies 30 Officer Training and Costs Comparison 31 CRIMINAL EXPLOITATION 32 Violent Crime 33 Gangs 34 Mexican Nationals 35 Independent Trafficking 38 Pharmaceutical Diversion 40 Marijuana 41 Medical Marijuana 43 Methamphetamine 43 National Security 44 OUTLOOK 48 FIGURES 50 Table of Contents i

4 APPENDICES 52 Appendix i Basic Rules of Jurisdiction in Indian Country 52 Appendix ii Federally Recognized American Indian Reservations and Trust Lands, U.S. Census Appendix iii HB2476 Tribal Peace Officer Act 56 Appendix iv RCW Foreign Protection Order Full Faith and Credit Act 62 ACKNOWLEDGEMENTS 68 ii Table of Contents

5 INTRODUCTION There are currently 29 federally recognized tribes within Washington State borders, 59% of which are in the Northwest High Intensity Drug Trafficking Area s (NWHIDTA) 14 designated counties. Each tribe is a government independent of other tribal communities, frequently differing in culture, language, religious practices, and traditions. At this time there is no central unified reporting system for Indian Country data or criminal statistics, locally or nationally. Tribal drug seizure amounts are recorded on individual case reports, but are generally not kept in a central database for summation and analysis. P. Gosch 2004 P A C I F I C O C E A N I D A H O There are a substantial number of non-native people or non-tribal members who are on the reservation or trust lands for recreation, employment or residence. It became evident to NWHIDTA in 2002 that non-native citizens, foreign nationals, and Mexican National Drug Trafficking Organizations (DTOs) had identified a lessened threat of police intervention as non-native persons on tribal lands were effectively Introduction 2

6 exploiting tribal reservations and jurisdictional politics for the purpose of narcotics trafficking in Washington State. More recently, foreign and domestic gang activity is taking a strong hold in and around tribal communities. There is evidence of operational association to intra-state, interstate, and international drug trafficking organizations for the purpose of distribution. Violence associated to gang culture is also prevalent. Other gang activity suggests defensive measures against outsiders and youths identifying with popular urban culture. (See Criminal Exploitation) Prior to 2008, Washington State viewed tribal law enforcement as a corrections entity only, similar to the authority of Department of Corrections and as security officers without the powers-of-arrest of non-native peoples. Tribal law enforcement officers were to detain a non-native suspect while waiting for a response from outside agencies for intervention. Some of the tribal communities had the benefit of being cross-commissioned with adjoining jurisdictions. On March , Washington State House Bill authorizing tribal police officers to act as general authority Washington State peace officers, was signed by Governor Christine Gregoire. In short, that action gave tribal officers who meet the requirements for participation authority to arrest non-indians on the reservation. (See Treaties and Jurisdictions Understanding Sovereignty) Washington State Tribes are proactive in their efforts in drug and alcohol education, prevention, and treatment. The tribes now place heavy emphasis and community pressure for sobriety, where alcohol and illicit drug use were once socially acceptable. (See Drug Prevention & Treatment) The intent of this report is to bring awareness of drug trafficking and criminal activities and non-native criminal exploitation on Washington State tribal lands. Enforcement initiatives can be successfully accomplished by bridging jurisdictional efforts between tribal and non-tribal law enforcement agencies, understanding jurisdictional sovereignty, and by sharing criminal information and intelligence. Criminal exploitation of tribal boundaries creates a negative domino effect to local non-tribal communities and Washington State as a whole Introduction

7 COMMUNITY GEOGRAPHY AND DEMOGRAPHICS There are 29 Native American reservations located in Washington State, representing 7.5% of the statewide land area. One-half of these tribal communities are located on the Olympic Peninsula with a population of 64.3 per square mile. Tribal communities vary vastly in size, economy, demography, geography, cultural traditions, and languages. Many tribal lands cross county lines, presenting a need for inter-jurisdictional communications and intelligence-sharing between tribal and law enforcement agencies. Washington State ranks seventh in the nation for tribal population, 2 representing 36 different tribes, only 29 of which are federally recognized. Washington State also ranks second in the nation after California, for the number of federally recognized tribes. Other tribes from across the United States are also embodied in these communities. Although the tribes share many relations through marriages, these nations are independent of one another, having distinct cultural differences, unique histories, and separation of traditional languages. There are a substantial number of non-native people or non-tribal members 3 who are on the reservation or trust lands for recreation, employment, or residence. A majority of the tribal lands in Washington State are rural and border the open waters of the Pacific Ocean, Strait of Juan de Fuca, and Puget Sound. Other tribal reservations are located in heavily populated urban areas, rural agricultural communities, remote mountainous locations nestled in national forests, and the Columbia Basin a part of the world s largest lava plateau, generally an arid region flanked by mountains and forests. The Chehalis, Colville, and Yakama Tribes are confederated, which means that these reservations are actually a conglomeration of many nations, placed under one title by the federal government US Census. 3 Persons not enrolled at reservation of residence Community - 4

8 The Confederated Tribes of the Yakama Nation and Colville Confederated Tribes reservation lands are larger than the land area of the States of Delaware and Rhode Island respectively. The Puyallup Nation is unique in that its borders encompass a metropolis of five non-native city governments in Pierce County: parts of Tacoma, Milton, Edgewood, and Puyallup, and the whole of Fife. Some tribal members, such as Nooksack, hold dual citizenship with the United States and Canada due to ancestral lands that bridge the border. Non-native or non-tribal members married within the tribe may not hold the dual status, but do carry tribal identification as a spouse. Quileute Nation reports marriages between their tribal members and Canadian First Nations people. The resident population of the Tulalip Tribe is approximately 12,000; however, this number does not reflect the nearly 500% daily increase of visitors to the casinos and tribal enterprises that tribal public safety is responsible. Compared to a 1997 economics report, 4 the combined tribal population for the then 27 federally recognized tribes totaled 90,857; 16% higher than the 2000 U.S. Census for the then 18 counties with reservation lands. Inaccurate reporting hinders grant and funding efforts necessary to support a population. GOVERNMENT AND ECONOMIC CONTRIBUTIONS As independent governments, tribal structures include elected officials, social services, courts, law enforcement, and in many communities, incarceration and treatment facilities. There is also a large urban population of Native Americans in the Seattle-Tacoma metropolitan areas who benefit from reservation services. Non-natives living within tribal boundaries Figure # also benefit from tribal services, including Headstart programs for pre-schoolers, drug and alcohol treatment facilities, and counseling programs, which are provided without regard to race or membership, and benefits the individual while freeing the budgets of adjoining and surrounding governments. Washington State government and adjoining communities also benefit from tribal tourism. In 2005, Washington State s Tribes 4 Economic Contributions of Indian Tribes to the Economy of Washington State; Tiller, Veronica E (Tiller Research Inc, Albuquerque, NM) & Chase, Robert A. (Chase Economics, Tacoma, WA Community

9 contributed $2.2 billion to the state s overall economy. State and local taxes were estimated to be $141 million. 5 Tribal casinos give a percentage of annual profits to community impact funds, such as emergency services and charitable organizations. Across the State, tribes provide funds to nonnative projects to aid in the construction of police facilities, to purchase emergency vehicles and computer systems, and to contribute finances and equipment to support shelters. Tribal enterprises also include tourism such as hotels, recreational facilities, and areas, museums, stores, gas stations, and restaurants. These industries may be within the reservation boundaries or on trust or fee simple properties. 5 The Character and Effects of the Indian Economy in Washington State. Jonathon B. Taylor. 7/10/06. Pg 25. Community - 6

10 This page is intentionally blank. 7 Community

11 TREATIES AND JURISDICTION UNDERSTANDING SOVEREIGNTY COMMUNICATION Frequently, jurisdictional and cultural boundaries are unclear to both tribal and general law enforcement and government officials. When frustration escalates, both sides have retreated to the term sovereignty. Frequently this withdrawal is used as a reason to avoid political issues. However the definition of sovereignty understood by tribal and non-tribal law enforcement differ significantly. These misunderstandings are often a result of lack of communication and education of dependent nation issues. This breakdown is generally viewed as racially or culturally motivated by both sides, and contributes in furthering long-standing biases. Political definitions of sovereignty vary between agencies, state, federal, and tribal governments, as well as within the public education system. The federal definition of sovereignty describes tribes as domestic dependant nations. The tribal definition of sovereignty matches the standard dictionary definition, complete independence and self-government; a territory existing as an independent state. Washington State Department of Social and Health Services 6 describe the key principles of sovereignty as: Tribes have the authority to govern their people and their land; define their own tribal membership criteria; create tribal legislation, law enforcement, and court systems; and to impose taxes in certain situations. Membership in a sovereign tribe is what distinguishes American Indians as a political group rather than solely an ethnic minority. Tribes' sovereign immunity from lawsuits is similar to that of the State of Washington. WANTS, WARRANTS & PROTECTION ORDERS All tribal warrants were removed from the Washington Crime Information Center (WACIC) system by the Washington State Patrol on the recommendation of the Washington State Attorney General s Office. 7 This decision was made because of liability concerns, in that, if an agency stopped a subject with a tribal warrant, arrested them, and found that the warrant was not valid in that jurisdiction, the subject could sue for false arrest. There is question not only about the validity of warrants off of the reservation, but also Figure # Washington State Patrol (2002) Treaties and Jurisdiction Understanding Sovereignty - 8

12 among reservations as well. Per the Basic Rules of Jurisdiction in Indian Country (Appendix i) guidelines prepared by the Washington Association of Prosecuting Attorneys (May 2008), State officers may not assist in the service of tribal search warrants or arrest warrants on Indians or non-indians. State officers may respond to the scene of tribal search warrants to take into custody any non-indians who are found on site and who were found to be engaged in a violation of State law. Major crime warrants can be entered by the Federal Bureau of Investigation (FBI) into the National Crime Information Center (NCIC). Tribal law enforcement has originating agency identifier (ORI) numbers assigned to their agencies. The Washington State Foreign Protection Order Full Faith and Credit Act (Appendix iv) was enacted in 1999, 8 to allow protection orders into the WACIC system. Tribes are not permitted to enter the orders themselves, but rather forward the orders to the Sheriff s Office nearest their jurisdiction. In turn, the Sheriff s Office enters the orders into WACIC. The foreign protection order is fully enforceable in any county within Washington State (RCW ). An officer or an officer's legal advisor may not be held criminally or civilly liable for making an arrest under this chapter if the officer or the officer's legal advisor acted in good faith and without malice (RCW ). JURISDICTIONS RECOGNIZING AUTHORITY The 25 CFR (Code of Federal Regulations) establishes that tribes are allowed to develop their own judicial system to deal with Indians that commit crimes up to misdemeanors regardless of federal or state jurisdiction, so that the tribe may take its rightful place in the family of governments. 9 All tribes have the authority for their own courts and police departments. Figure #7 In a Washington State Supreme Court 1993 decision 10 (reversing the previous Oliphant judgment, 11 the court held that: ;q1=self%20governance;rgn=div9;view=text;node=25%3a State of Washington v. David P. Schmuck No Treaties and Jurisdiction Understanding Sovereignty

13 (1) Indian tribal officer had the inherent authority to stop a non-indian driving a motor vehicle on public road within reservation to investigate possible violation of tribal law; (2) Tribal officer had inherent authority to detain non-indian motorist who allegedly violated state and tribal law while on the reservation until he could be turned over to state authorities for charging and prosecution; and (3) State statute asserting criminal and civil jurisdiction over operation of motor vehicles on Indian territory and reservations did not divest Indian tribe of its inherent authority to stop and detain non-indian who allegedly violated state and tribal law while traveling on public road in reservation, until he could be turned over to State authorities for charging and prosecution. Indian tribal courts do not have inherent jurisdiction to try and punish non-indians who commit crimes on their land; instead, criminal offenses committed on a reservation by non-indians are subject to prosecution by state and or federal governments, depending on the offense. Where ambiguity exists in an Indian treaty, ambiguity must be resolved in favor of the Indians. 12 Prior to 2008, tribal law enforcement did not have the authority to arrest non-native persons. The treaties for Washington State tribes maintain that the tribes agree not to shelter or conceal offenders against the laws of the United States, but to deliver them up to the 11 Oliphant v. Suquamish, 435 US 191 (1978) 12 Montana v. Blackfeet Tribe of Indians, 471 U.S. 759, 766, 85 L. Ed. 2d 753, 105 S. Ct (1985). Treaties and Jurisdiction Understanding Sovereignty - 10

14 authorities. 13 Similar jurisdictional issues are present on military reservations involving non-military personnel. Subjects must be detained until jurisdictions with authority to arrest respond to the scene. There has been much interest by the tribes in cross-deputization of tribal law enforcement with county agencies. Cross-deputization must be approved or denied by the County Sheriff and County Executives. House Bill (Appendix iii) authorizes tribal police officers to act as general authority Washington State peace officers. The bill was signed into effect by Governor Christine Gregoire on March 28, In short, that action gives tribal officers authority to arrest non-indians on the reservation. Figure # HB 2476 language lists three requirements for participation: (1) This act allows a tribal police officer to enforce general state laws off tribal lands provided that they are from a recognized federal tribe and have met insurance and training requirements specified by the state. Citations or notices of infraction would be turned over to the local jurisdictions for local courts, except for tribal members who can be summoned to tribal court. (2) The bill requires an inter-local agreement and provides procedures that must be followed for the development of the inter-local agreement including binding arbitration if needed. (3) A tribe must also provide adequate insurance coverage, and may not waive sovereign immunity as a defense. Regardless of the applicable jurisdiction, all tribes have the authority to detain any person caught in a criminal act, and to turn them over to the nearest jurisdiction, or civilly cite in cases of traffic offenses and fish and wildlife violations. Bureau of Indian Affairs (BIA) officers have the authority to arrest non-natives, and are contracted with local jurisdictions for prosecution and incarceration through the Assimilated Crimes Act. If a crime is committed on public property and does not have a federal code of violation, the offense can be remanded to state authority for prosecution. 13 Treaties of Medicne Creek (1854), Point Elliott (1855), Point No Point (1855), Neah Bay (1855), Treaties with the Yakama (1855), and the Quinault Treaty (1856) Treaties and Jurisdiction Understanding Sovereignty

15 DEFINING TRIBAL STATUS Tribal law enforcement jurisdiction in Washington State falls under one of four categories (compacts). PUBLIC LAW 280 gives jurisdictional authority to the State; whereas PUBLIC LAW 638 gives the Federal government jurisdictional authority managed under the BIA. SELF- GOVERNANCE tribes are self-sustaining and have a compact with the Department of Interior (DOI) to remove all BIA requirements above 25 CFR or as stipulated. Tribes not meeting the compacts may have the jurisdictional authority retroceded by the BIA. Criminal and civil actions may be split between compacts. (see Basic Rules of Jurisdictions) TRIBAL CRIMINAL JURISDICTIONAL CATEGORIES TRIBE CHEHALIS COLVILLE COWLITZ HOH JAMESTOWN KALISPEL LOWER ELWHA LUMMI MAKAH MUCKLESHOOT NISQUALLY NOOKSACK PORT GAMBLE PUYALLUP QUILEUTE QUINAULT SAMISH SAUK-SUIATTLE SHOALWATER BAY SKOKOMISH SNOQUALMIE SPOKANE SQUAXIN STILLAGUAMISH SUQUAMISH SWINOMISH TULALIP UPPER SKAGIT SELF GOVERNANCE X X X X X X PL 638 YAKAMA X Source: Bureau of Indian Affairs May 2009 X X X X X X X X X X X X X X X PL 280 X X X X X X REASSUMED BY BIA X Treaties and Jurisdiction Understanding Sovereignty - 12

16 BASIC RULES OF JURISDICTION Under the Basic Rules of Jurisdiction for Trust, Fee Simple properties and Public Roads on the Reservations (see Appendix i) prepared by the Washington Association of Prosecuting Attorneys revision May 2008, more than one entity, Tribal and State, may have jurisdictions over a particular individual and crime at the same time. The rules are separated by the character of land on which the offense is committed trust property, fee simple property, or public road. Also the division of authority is determined by whether the defendant is Indian or non-indian, and if the state or tribal court is serving a search or arrest warrant. Some rules do not apply to all reservations. The primary standard is: State officers may not serve tribal court arrest warrants on Indians or non-indians, nor may they assist in the service of a tribal search warrant. State officers may assist tribal officers in obtaining a parallel state court search warrant and state officers may serve such a warrant on fee simple property within a reservation and on property outside of reservation boundaries. State officers may respond to the scene to take into custody any non-indians who are found on site and who were found to be engaged in a violation of the law. State officers may serve state search warrants without obtaining a parallel tribal or federal search warrant on Trust and Fee Simple property within the reservation. In the case of Trust Property, warrants may be served if the warrant is related to an off-reservation violation of state laws or to a crime committed within the reservation at a location where the state exercises criminal jurisdiction. State court jurisdiction exists for all crimes committed by non- Indians. Tribal court has no jurisdiction over a non-indian. 13 Treaties and Jurisdiction Understanding Sovereignty

17 TRUST PROPERTY. Property held in trust by the U.S. Government for a tribe or individual tribal member, no longer taxable by the State. State jurisdiction exists for all crimes committed by an Indian adult on trust land located outside the geographic boundaries of the reservation. The State jurisdiction also covers an Indian juvenile and all non-indian adults and juveniles. Tribal court jurisdiction exists for all offenses committed by an Indian adult or Indian juvenile on trust land. There is no tribal jurisdiction over a non- Indian. Tribal officers may detain non- Indian lawbreakers until a state officer can report to the scene. Federal jurisdiction exists for all crimes committed by an Indian adult. On the Jamestown-Klallam, the Nooksack, the Sauk-Suiattle, and the Upper Skagit Reservations, federal jurisdiction also exists for all crimes committed by an Indian juvenile. No state jurisdiction exists for Indian adults or juveniles on these reservations. State officers must follow the extradition procedure established by the tribe, when serving an arrest warrant, if the arrestee is an Indian, except on the Muckleshoot, Nisqually, Skokomish, Squaxin Island, and Stillaquamish Reservations or the Tulalip Reservation prior to November 20, State officers may arrest non-indians without following the extradition procedure established by the Tribe, when serving arrest warrants, except on the Jamestown-Klallam, Nooksack, Sauk Suiattle, and Upper Skagit Reservations. State officers may respond to the scene to take into custody any non-indians who are found on site and who were found to be engaged in a violation of state law. State officers may serve state search warrants without obtaining a parallel tribal or a federal search warrant only on the Muckleshoot, Nisqually, Skokomish, Squaxin Island, and Stillaquamish Reservations, or the Tulalip Reservation prior to November 20, On all other reservations, state officers should attempt to obtain parallel tribal or federal court warrants Treaties and Jurisdiction Understanding Sovereignty - 14

18 and should seek the assistance of tribal or federal officers in serving the warrant. FEE SIMPLE PROPERTY. A fee simple property is the most familiar form of ownership. The owner possesses both the land and buildings and does not pay ground rent. The fee simple owner has the right to possess, use the land, and dispose of the land as he wishes to sell it, gift it, trade it for other things, lease or rent it to others, or pass the property to others in the event of the owner s death. State jurisdiction exists for all offenses committed by an Indian adult or juvenile. Tribal court jurisdiction exists for all offenses committed by an Indian adult or juvenile on fee simple property located within the exterior boundary of the reservation. State officers may arrest non-indians and Indians without utilizing the extradition procedure established by the Jamestown-Klallam, Nooksack, Sauk Suiattle, and Upper Skagit Reservations. State officers may assist tribal officers in obtaining a parallel state court search warrant and state officers may serve such a warrant. State officers may respond to the scene to take into custody any non-indians who are found on site and who were found to be engaged in a violation of state law. State officers may serve state search warrants without obtaining a parallel tribal or federal search warrant except on the Jamestown-Klallam, Nooksack, Sauk-Suiattle, and Upper Skagit Reservations. The easiest way to determine whether a piece of property is Fee or Trust is to contact the county auditor. Trust property is exempt from taxes and the records will reflect that. 15 Treaties and Jurisdiction Understanding Sovereignty

19 PUBLIC ROADS (RESERVATION). State Routes or access roads that pass through reservation boundaries. State jurisdiction exists for all crimes committed on a state, city, or county road by an Indian adult or juvenile. A civil traffic infraction may only be issued if the tribe does not have a comprehensive traffic code. If the tribe has a comprehensive traffic code, then a report should be forwarded to the tribal prosecutor for any action the tribe should wish to take. Tribal court jurisdiction exists for all offenses committed by an Indian adult or juvenile on public roads located within the exterior boundary of the reservation. No tribal court jurisdiction over a non-indian exists. State officers may serve arrest warrants upon non-indians or Indians in accordance with normal procedures regardless of whether the property is owned in fee or trust. State officers may assist tribal officers in obtaining a parallel state court search warrant and state officers may serve the parallel state court warrant. State officers may serve state search warrants on all property located outside the exterior boundary of a reservation regardless of whether the property is owned in fee or trust, by an Indian or non-indian. Treaties and Jurisdiction Understanding Sovereignty - 16

20 This page is intentionally left blank. 17 Treaties and Jurisdiction Understanding Sovereignty

21 DRUG PREVENTION AND TREATMENT DRUGS OF CHOICE The primary drugs affecting tribal communities are similar to other populations. Methamphetamine, marijuana, and OxyContin dominate the reservations as the drugs of choice. Other prescription medications, black tar heroin, and cocaine also have a strong hold. PRIMARY DRUGS AFFECTING TRIBAL COMMUNITIES SURVEY RESPONSE cocaine heroin marijuana Tribe Chehalis X X X X Colville X X X X X X Hoh X X X Kalispel X X X Elwha X X X Lummi X X X X Makah X X X X X Muckleshoot X X X X Nisqually X X X Nooksack X X X X Pt Gamble S'Klallam X X X Puyallup X X X X X Wet Quileute X X Quinault X X Sauk Suiattle X X X Shoalwater X X X Skokomish X X X X Spokane X X X Stillaguamish X X X Suquamish X X X X Swinomish X X X X X Tulalip X X X X Upper Skagit X X X Yakama X X X X Methadone Suboxone Wet - laced tobacco or marijuana cigarette Figure 13 ARCOS REPORT The Drug Enforcement Administration (DEA) ARCOS Report (Automation of Reports and Consolidated Orders Systems) keeps track of the controlled substance pharmaceuticals purchased by DEA Registrants. In 2008, the average number of purchases for five United States Public Health Service (USPHS) facilities in Washington State was higher than the average of 187 Washington State facilities in the purchases of Oxycodone. The same pattern is repeated with purchases of Hydrocodone, Codeine, and Methadone for the same time period. The Puyallup Tribal Health Authority, a USPHS facility, consistently led in the purchases of meth xtc oxy rx other Drug Prevention and Treatment - 18

22 all four drugs and morphine by a wide margin compared to the next closest USPHS facility in Washington State from 2006 to Comparison of Oxycodone Purchases by USPHS Facilities in Washington in 2008 TOTAL UNITS PURCHASED Drug Enforcement Administration, Office of Diversion Control, Pharmaceutical Investigations Section, Targeting and Analysis Unit Source: ARCOS Date prepared: 09/24/2009 Oxycodone Purchases by USPHS Facilities in Washington in 2008 TOTAL UNITS PURCHASED Drug Enforcement Administration, Office of Diversion Control, Pharmaceutical Investigations Section, Targeting and Analysis Unit Source: ARCOS Date prepared: 09/24/2009 State of Washington by County WHATCOM SAN JUAN SKAGIT OKANOGAN FERRY PEND OREILLE Retail Purchases of Oxycodone 2008 ISLAND CLALLAM SNOHOMISH JEFFERSON KITSAP KING MASON GRAYS HARBOR PIERCE THURSTON CHELAN KITTITAS DOUGLAS GRANT STEVENS LINCOLN SPOKANE ADAMS WHITMAN PACIFIC LEWIS WAHKIAKUM COWLITZ SKAMANIA CLARK YAKIMA KLICKITAT FRANKLIN GARFIELD COLUMBIA BENTON WALLA WALLA ASOTIN WA Average = 97,836 dosage units Above Average = 122,296 dosage units or more Average = 73, ,295 dosage units Below Average = 73,376 dosage units or less Zero dosage units Drug Enforcement Administration, Office of Diversion Control, Pharmaceutical Investigations Section, Targeting and Analysis Unit Date prepared: 09/24/09 Source: ARCOS Figure Drug Prevention and Treatment

23 HEALTH AND WELLNESS The majority of tribes offer chemical dependency treatment services using abstinence-based or medication-enhanced models to members of their community. These programs include public education, prevention and treatment, drug and alcohol treatment facilities, counseling programs, health and wellness facilities for medical and dental recreation, and fitness. Tribes also offer after school programs and early learning centers such as Headstart for pre-schoolers. Non-natives living within tribal boundaries also benefit from tribal services without regard to race. The Stillaguamish Tribe in Snohomish County has the northernmost methadone clinic located on the Interstate 5 corridor northbound to the U.S./Canada border. Island Crossings Counseling Services (ICCS) is currently the only tribal methadone clinic in Washington State. ICCS provides services to 350 tribal members, non-members and non-native clientele, with an additional wait list of future clients. ICCS clients travel as far as 60 miles. Although methadone is mostly recognized as a heroin treatment, ICCS reports a high volume of treatment for other opioids, principally OxyContin. ICCS discovered that patients are buying Suboxone on the streets. Suboxone is an opiate treatment primarily used for the treatment of OxyContin addiction. A major concern of ICCS is the increase of reports of young people using a cocktail of Benzodiazepine and Suboxone a potentially deadly combination. The Pediatric Interim Care Center (PICC), a facility devoted to drug exposed and medically fragile newborns from throughout Washington State who are suffering from withdrawal, reports that in 2008 Native American infants represented the largest ethnic group admitted to the facility, 58% higher than the next ethnic group Race Statistics, Pediatric Interim Care Center. Drug Prevention and Treatment - 20

24 The average time it takes for the infants to withdraw from drug exposure is usually between 30 to 60 days. Forty-one percent of the children released from PICC s treatment are placed in foster care. The incidence and prevalence of drug use, as well as the very negative consequences that ensue throughout tribal communities, are well documented. COMMUNITY EFFORT Washington State Tribes are proactive in their efforts to address drug and alcohol education, prevention and treatment. The use and abuse of drugs and alcohol was once socially accepted and contributed to a prevalent stigma associated with tribal people among those other than native persons. The tribes recognize the problem and there is community pressure for sobriety and abstinence. Figure # Cultural events such as Pow-wows 16 are open to the public. They are heavily policed and advertised as drug and alcohol free in many communities. At the 35 th Annual Kalispel Powwow, checkpoints prohibited efforts to bring illicit drugs and alcohol onto the event grounds. Narcotic K-9 units toured the crowds, promoting public education and community relationships between the public and law enforcement. In other communities, visitors who are under the influence of drugs or alcohol are escorted off of the property during these festivities and social gatherings; thereby, supporting and modeling social responsibility. 16 A cultural gathering among North American tribes where natives and non-natives meet to dance in traditional dress, typically in competition. A Pow-wow is similar to a community fair, where vendors offer native arts, supplies and traditional food. 21 Drug Prevention and Treatment

25 DRUG COURT Drug Courts are increasing in popularity and number as an alternative to incarceration in tribal communities. The social embarrassment resulting from incarceration in a closed community is often counterproductive. Incarceration may create or add to an already negative impact, not only for the individual but for their kinship as well. DRUG COURT TRIBE PROGRAM ADULT JUVENILE FAMILY Lummi X X X Makah X Nooksack X Shoalwater Bay X Spokane X X Suquamish X Swinomish X Tulalip X Yakama X X X Figure 18 According to the National Association of Drug Court Professionals (NADCP), 17 75% of Drug Court graduates nationwide remain arrest free for at least two years after leaving the program. NADCP states that Drug Court intervention reduces crime as much as 35% over other sentencing options. Addicted offenders who are not offered or who do not participate in Drug Court have a relapse rate of 85% to 95% following release Drug Prevention and Treatment - 22

26 This page is intentionally left blank. 23 Drug Prevention and Treatment

27 TRIBAL STATISTICS AND JURISDICTION INTERACTION CRIME STATISTICS Accurate statistics regarding criminal activity, native and non- Native, on tribal reservations are very difficult to obtain. Currently no central unified reporting system exists to quantify criminal activity in Indian Country. Criminal cases investigated by other than tribal authorities are counted within that jurisdictions statistics and not credited to the reservation. Tribal drug seizure amounts are recorded on individual case reports, but are generally not kept in a central database for summation and analysis. Five tribes make their submissions to the Washington Association of Sheriff s and Police Chiefs (WASPC) Criminal Justice Information Support (CJIS). 18 Only 19 of the 29 Washington State tribes reported to the BIA District 5 by paper submission in BIA uses the information for budget decisions; however, the information is not forwarded to the El Paso Intelligence Center (EPIC) for entry into the National Seizure System (NSS). In 2009, the BIA placed an intelligence analyst at EPIC. Over a three year period ( ), criminal statistics reported to the (BIA) were equal in increase (+), decrease (-), and no change (=). The majority of tribes that demonstrated an increase of criminal activity were directly linked to drug trafficking routes out of 18 Report available at Tribal Statistics and Jurisdiction Interaction - 24

28 Canada. The remainder of the tribes with increases in crime were directly associated to the cities of Tacoma (Pierce County) and Forks (Clallam County), with the Suquamish Tribal statistics nearly tripling between 2006 and Only two tribes connected to these areas showed a decrease in crime. Tribal reservations and trust lands face similar difficulties as outside municipalities with limited resources for enforcement, intervention, prevention, and education. Criminal activity is usually viewed as exclusively a big city problem. Crimes such as drug abuse and gang activity have a greater impact on social disruption and deterioration in rural and remote communities. In these rural and remote areas, the population and resources are limited. NWHIDTA NATIVE AMERICAN PROJECT INITIATIVE ONDCP awarded the NWHIDTA discretionary funds in 2007 and 2008 for the Native American Project (NAP), administered by the Law Enforcement Against Drug (LEAD) Task Force to the Yakama Nation, a participating task force member. The funds were successfully used for intelligence-driven operations to detect, deter, interdict, disrupt and/or dismantle organizations involved in drug trafficking, with an emphasis methamphetamine on tribal lands. Both tribal members and the surrounding communities in the Yakima Valley have benefited from the cooperation between the Yakama Nation and the LEAD Task Force. That s vital because the reservation and its small towns are at a major drug-trafficking crossroad, said Davis Washines, former Yakama Tribal Police Chief. It makes a big difference. 19 Additional discretionary funds were awarded in 2008 to the NAP sponsored by the Snohomish Regional Drug Task Force, which represents the Stillaguamish, Tulalip, Sauk-Suiattle, Swinomish, and Upper Skagit Tribes, for the same purposes. Significant positive results were immediate. The LEAD Narcotics Task Force has been involved in numerous multi-state DTO investigations on the Yakama Reservation and surrounding areas, and works with an assigned DEA Special Agent for investigative support. Figure # In 2008, 184,000 marijuana plants and assault rifles were removed from Yakama lands, a 70% increase in plant seizures over DEA, Yakama Tribe Work as Team, Paul Shukovsky, Seattle Post-Intelligencer, 8/19/ Tribal Statistics and Jurisdiction Interaction

29 AGENCY INTERACTION The quality of agency interaction between tribal and other law enforcement is not consistent throughout Washington State. The Jurisdictional Interaction Survey (below), tribes ranked agency interaction by county and local agency on a scale of 1 to 5, with 1 as no interaction to 5 as having an excellent working relationship. Ratings of 3 generally indicated good interaction at the patrol level, however, poor to non-existent at the executive or political levels. The interaction between the tribes and the Washington State Patrol is reported as excellent. JURISDICTION INTERACTION 2009 SURVEY RESULTS TRIBE COUNTY RATING CHEHALIS Grays Harbor/Jefferson 4 COLVILLE Okanogan/Ferry 4 COWLITZ Cowlitz No Police Dept HOH Jefferson 3 JAMESTOWN S KLALLAM Clallam No Police Dept KALISPEL Pend Oreille 5 LOWER ELWHA KLALLAM Clallam 3 LUMMI Skagit 4 MAKAH Clallam 5 MUCKLESHOOT King 5 NISQUALLY 20 Thurston 2 NOOKSACK Whatcom 4 PORT GAMBLE S KLALLAM Kitsap 2 PUYALLUP Pierce 5 QUILEUTE Clallam 4 QUINAULT Grays Harbor/Jefferson 4 SAMISH Skagit No Police Dept SAUK-SUIATTLE Skagit/Snohomish 3 SHOALWATER BAY Pacific 5 SKOKOMISH Mason 3 SNOQUALMIE King No Police Dept SPOKANE Stevens 5 STILLAQUAMISH Snohomish 3 SUQUAMISH Kitsap 4 SWINOMISH Skagit TULALIP Snohomish 4 UPPER SKAGIT Skagit 5 YAKAMA Yakima/Klickitat 5 1 = Non-existent interaction, 5 = excellent. Rating of 3 generally indicated good interaction at the patrol level, however poor to non-existent at the executive or political levels Figure 21 Mexico-based cartels exploit several conditions unique to reservations, starting with chronically understaffed tribal police departments. Overlapping jurisdictions between tribal courts and outside agencies -- from the local sheriff to the federal Drug Enforcement Administration -- confuse the issue of who should take 20 Reference made to County and local agency interaction, however interaction with Washington State Patrol is considered excellent Tribal Statistics and Jurisdiction Interaction - 26

30 the lead in prosecuting crimes. 21 FEDERAL AGENCIES There are dissimilar collaborations between Tribal and Federal Law Enforcement Agencies (LEAs). Tribal LEAs report very strong and cooperative support or extremely restricted to non-existent association with Federal LEAs. The FBI Safe Trails Initiative has two task forces in Washington State. Officers involved with these task forces are federal agents through the FBI and the U.S. Marshal s Service, with restrictions to narcotic investigations within reservation boundaries only. The Safe Trails Initiative (STI) provides for overtime reimbursement, task force vehicles, and fuel. Tribes must provide an officer to the program to be able to participate; however, many communities do not have the resources or manpower to do so. Tribes throughout Washington State can utilize STI member officer services in narcotic investigations on their respective reservations. Figure 22 The Northwestern Washington Safe Trails Task Force based in Everett, Washington includes the Tulalip Tribes (Snohomish County), Swinomish Tribe (Skagit County), and the Lummi Nation (Whatcom County). The Salish Safe Trails Task Force based in Spokane, Washington consists of the Colville Confederated Tribes 21 Wall Street Journal. November 5, Mexican Pot Gangs Infiltrate Indian Reservations in U.S Tribal Statistics and Jurisdiction Interaction

31 (Okanogan and Ferry Counties), the Spokane (Stevens County), and the Kalispel (Pend Oreille County) Tribes. SAFE TRAILS INITIATIVE PARTICIPANTS TRIBE OFFICER COUNT NORTHWESTERN WASHINGTON SAFE TRAILS Lummi Nation 1 Swinomish Tribe 1 The Tulalip Tribes 3 SALISH SAFE TRAILS TASK FORCE Colville Confederated Tribes 1 Kalispel Tribe 1 Spokane Tribe 1 Figure 23 Many of Washington State tribes report that frequently federal thresholds are set too high for federal prosecution in smaller communities. This hinders the incarceration of native and nonnative criminal elements residing on reservation land. It is common to find high distribution amounts being supplied in large populations; however, in smaller areas, personal use amounts to gram quantities may have as much of a negative impact within the community. The Lummi Nation, with a residential service population of 6,500 citizens, has a 2009 jail budget of nearly $1 million. Inmates that might receive higher sentencing structures in the State or Federal system receive a maximum 1-1/2 years per charge in the tribal jail, which creates a budget burden on the community. This financial burden reduces services otherwise used to hire additional law enforcement officers. The United States Attorney s Office for the Western District of Washington (USAO-WD) recognizes that drug quantity thresholds appropriate in urban areas such as Seattle or Tacoma are an impediment to improving public safety in the district s tribal or reservation communities. The (USAO-WD) is making efforts to make their office more accessible to tribal law enforcement. Consequently, prosecution guidelines have been adjusted downward substantially to reflect the priorities of the tribal communities within the District. There is an on-going commitment to communicate to tribal law enforcement the willingness to accept cases for prosecution arising in Indian Country that will have an impact in these communities. The Tribal Liaison has stressed the office s commitment in that the office does not have a set minimum threshold in taking cases, and that the office will take direct referrals from the tribes. Tribal Statistics and Jurisdiction Interaction - 28

32 The USAO-WD has begun receiving smaller quantity drug distribution case referrals from the new, FBI-sponsored, Northwest Washington State Safe Trails Task Force, one of 19 Safe Trails Task Force programs currently operating in Indian Country nationally. Similarly, the USAO-WD has prosecuted lower loss threshold cases involving the embezzlement or theft from Indian casinos, tribal enterprises, and tribal organizations. The United States Attorney s Office for the Eastern District of Washington (USAO-ED), provides federal criminal prosecution services for the Yakama Nation, the Confederated Tribes of the Colville Reservation, the Spokane Tribe of Indians and the Kalispel Tribe of Indians. These reservations cover over 4,600 square miles and have a combined population of approximately 23,000 people. Each tribe operates a police department, prosecutor s office, and tribal court. The USAO-ED enjoys an excellent working relationship with the tribal police and prosecutors, and frequently prosecutes felony tribal cases which have been referred to the office through the appropriate federal law enforcement agency. USAO-ED prosecution guidelines including drug quantity thresholds, do not apply to the reservations and it is the policy of the U.S. Attorney to prosecute as many controlled substance cases as possible. The USAO-ED supports FBI sponsored Safe Trails Task Forces on the Colville and Spokane Reservations and the Northwest HIDTA/Byrne JAG sponsored LEAD Drug Task Force on the Yakama Nation. These task forces are comprised of local, state, tribal and federal officers. The U.S. Marshal Service for the Eastern District of Washington operates fugitive task forces out of the Spokane, Yakima, and Richland Offices which include involvement by Tribal Task Forces Officers from each of the four tribal police departments. On a district-wide basis, these various task forces have provided significant investigations in Indian Country that have resulted in numerous offenders being convicted in federal court. The Nisqually Reservation is partially located within the Fort Lewis military reservation boundaries. The tribe and military have a cooperative working structure. The tribe has utilized the military magistrate in prosecuting federal charges. Nisqually Tribal Police also work well with Washington State Patrol, responding to accidents along the State highways within the reservation borders. 29 Tribal Statistics and Jurisdiction Interaction

33 COUNTY AND MUNICIPAL AGENCIES The Muckleshoot Reservation is contracted with the King County Sheriff s Office for law enforcement services. Deputies are not limited by jurisdictional issues of native versus non-native subjects of investigation. King County Sheriff s Office, together with the Muckleshoot Tribe, has introduced the Police Activities League, similar to inter-school sports programs of State School Districts. Currently the league provides for an all native basketball conference that competes with other tribes throughout the State. The Stillaguamish Tribe is both isolated and heavily traveled, as Interstate 5 divides tribal properties. Although federally recognized, there are no established reservation boundaries for the Stillaguamish people. Property has been purchased and placed into trust in a checker-boarded territory between Granite Falls and the Skagit County line. There is no dispatch service available to the Stillaguamish Tribal Police. SNOPAC, the 911 Emergency Communications dispatch for Snohomish County, has stated to the Stillaguamish and Sauk-Suiattle tribal law enforcement that they are unable to support the tribes. Stillaguamish has temporarily remedied the problem by cell phone use; however this is insufficient and poses a risk to officer and community safety. Sauk-Suiattle contracts through Skagit County for emergency communications dispatch, although this can reduce response time to properties within Snohomish County. The Puyallup Tribal Officers hold a limited commission with the cities of Fife and Tacoma and the Pierce County Sheriff s Office. The Tribe has an outstanding working relationship with the City of Puyallup task force as well. When non-native offenders commit crimes on tribal land, the cross-commissioned officers respond and become the primary investigator. If county or city enforcement wishes to take over the investigation, the subject or subjects and information are handed over to them. If not, tribal law enforcement concludes the investigation and file with the County or City Prosecutor s Offices. Tribal Statistics and Jurisdiction Interaction - 30

34 The Tulalip Tribal Police Department is crosscommissioned with Snohomish County and has additional strong inter-agency support with the City of Marysville and the Washington State Patrol. Tulalip Reservation has a residential population of 12,000. The tribe s business enterprises include casinos, an outlet mall, and retail businesses increasing the daily service population by nearly 500% to over 50,000 people. Shoalwater Bay Tribe has officers who have left the service of tribal law enforcement and now work for Pacific and Grays Harbor Sheriff s Offices, promoting an excellent cooperative working environment. OFFICER TRAINING AND COSTS COMPARISON Tribal law enforcement officers receive their law enforcement accreditation at the Washington State Criminal Justice Training Center (WSCJTC) in Burien, Washington and/or the Federal Law Enforcement Training Center (BIA Training Academy) in Artesia, New Mexico. The Burien location is the same training facility utilized by the majority of Washington State law enforcement agencies for training and certification of their officers. Washington State RCW legislates that all agencies affiliated with State government (municipalities and counties) are to receive police Basic Law Enforcement Academy (BLEA) and correction s officer training at the WSCJTC at no charge, providing additional funds for housing and meal tickets for students living in excess of 50 miles. This does not include Tribal Law Enforcement. RCW states Indian tribe officers and employees who are engaged in law enforcement activities and who do not qualify as criminal justice personnel or law enforcement personnel under RCW , as now law or hereafter amended, may be provided training under this chapter if: (a) The tribe is recognized by the federal government, and (b) the tribe pays to the commission the full cost of providing training. The commission shall place all money received under this section into the criminal justice training account. [1981 c134 1.] Port Gamble S Klallam Tribal Law Enforcement reports this cost to be $4,000 per student. 31 Tribal Statistics and Jurisdiction Interaction

35 CRIMINAL EXPLOITATION Drug Trafficking Organizations on tribal lands mirror those operating in non-native lands in Washington State. Mexican National DTOs, gangs, and independent DTOs are the primary groups responsible for the bulk of drugs on the reservation. Nonnative domestic and Mexican DTOs and gangs target native females for residence for residency on the reservation in order to exploit the lessened threat of police intervention. They conduct their criminal enterprises in the surrounding communities, in anticipation of lesser exposure to prosecution. A wide variety of drugs are abused on tribal lands. Washington State has emerged as second in the country for the cultivation of marijuana, and is a source of supply for domestic marijuana throughout the United States. The abuse of marijuana is a serious problem for tribal and surrounding communities; however, OxyContin use has become the most critical threat on tribal lands. Locally-produced methamphetamine from clandestine laboratories and clandestine laboratory dumpsites has greatly declined in the last few years, while the abuse of methamphetamine remains widespread. Cocaine is available, but to a lesser extent. Black tar heroin availability and use is increasing. There were two heroinrelated tribal fatalities in 2008 on the Spokane Reservation, with additional fatalities in Stevens County associated to black tar heroin purchased at the casino in Chewelah. Tribes and communities within reservation boundaries reported an increase of violent crimes (rape, robbery and aggravated assault) and property crimes to the WASPC in 2008; 22 whereas the statewide statistics show a lesser increase in violent crimes and a decrease of property crimes. 23 There is also an increase in weapons found at marijuana grow sites and gun trafficking to Mexico. According to the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), Washington state ranks fourth as a source of supply for crime-based weapons headed to Mexico, and first in crime-based weapons destined to Canada. Much focus has rested on the Southwest Border s illicit activities; however, the Northern Border also has significant DTOs involved in cross-border smuggling. 22 WASPC Crimes in Washington 2008Annual Report. Table 7. Pgs WASPC Crimes in Washington 2008 Annual Report. Table 7. Pg 67 Criminal Exploitation - 32

36 VIOLENT CRIME Reflecting the Washington State trends in non-tribal communities, a high percentage of domestic violence and property crimes reported within the tribal community are drug related Victimization associated with the presence and availability of drugs in tribal communities extends to issues of dependence and addiction for a disproportionate number of individuals and families. The Stillaguamish Tribal Police Department in Snohomish County, reported that 100% of assaults related to drug and alcohol use were associated to non-native subjects in Table 9. Percent of violent victimizations, by race of victim and race of offender, Race of offender Race of victim Total Other White Black All races 100% 11% 60% 29% American Indian White Black Asian Note: Table excludes an estimated 420,793 victims of violence (3.9% of all victims) who could not describe the offender s race. Source: US Department of Justice-Bureau of Justice Statistics, American Indians and Crime 6/99 Figure 27 The American Indians and Crime Report (U.S. Department of Justice, Bureau of Justice Statistics, 1999) 8 states that at least 70% of the violent victimizations experienced by American Indians are committed by persons not of the same race, a substantially higher rate of interracial violence than that experienced by white or black victims. 33 Criminal Exploitation

37 GANGS Street gangs and Outlaw Motorcycle Gangs (OMG) are prevalent on tribal lands. More recently, foreign and domestic street gang activity is growing in and around tribal communities. Reservation residents, similar to those in small towns, include multiple generations and extended family relations living within the community. Multiple gang associations are present within family units. What is unique to reservations is when members of the Bloods, who wear red, and Crips, who wear blue, come together during family or reservation functions, the gang members dress in purple. During off reservation activities, the respective gangs revert back to original gang behavior, regardless of familial association. Hispanic 24 gangs, such as the Sureno 13, are common to towns bordering near and within reservation lands. Hispanic street gangs have formed an alliance with Mexican National DTOs to distribute drugs. Hispanic gangs target native women to obtain residence on the reservation similar to Mexican National DTO members infiltration onto tribal lands. Violence associated to gang culture is prevalent. In 2009, Quileute Nation Tribal Police arrested four gang members, who were wanted for murder in the Tacoma area. Drugs and weapons were recovered during the arrests. Tacoma is located approximately 173 miles away from the Quileute Nation. OMGs are also found on the reservations. The Bandidos are known to disappear into the Indian reservation lands if they suspect they are subjects of an investigation or there is police presence in the area. Bandidos are also known to move weapons and drugs east and west, while the Hell s Angels use north-south routes along the Interstate 5 corridor. The Bandidos North County Chapter President resides in Marysville West, a community of the Tulalip Tribes. Tulalip Tribal Police state that the Bandidos also have a club house on the reservation, but surveillance is difficult due to its location and the gang s security measures. 24 foreign nationals, immigrants, and legal residents Criminal Exploitation - 34

38 Swinomish Tribe found an abandoned boat linked to the Hell s Angels OMG, tied to the channel bridge. Tribal law enforcement brought in a K-9 unit. The dogs signaled that narcotics had been on the vessel; however, no drugs were found onboard. MEXICAN NATIONALS Mexican National DTOs with direct ties to Mexican cartels operating in Oregon, the Southwest Border States, and Mexico have gained a stronghold in Washington State. During 2008 LEAD Task Force, together with the Confederated Tribes and Bands of the Yakama Indian Nation Tribal Police, investigated 10 cases involving Mexican Nationals. In one case, an additional 35 cases were generated. The combined cases accounted for 42% of the State s total marijuana plant seizures and effectively contributing Washington State s overall 70% increase of marijuana plant seizures from These investigations spanned multiple states and into Mexico. The DTO s are connected to methamphetamine, cocaine, and heroin distribution networks on the reservations and across the country. Weapons from a related case were found in Central America. One of the guns was recovered during a drug related shooting in Guatemala which resulted in 11 fatalities. A roll-over fatality accident in April 2009 near Deer Lodge, Montana was discovered to have over 10 pounds of marijuana seed and equipment. The driver reported to authorities to be en route to the Pine Ridge Reservation in South Dakota to set up a grow operation, and was part of a caravan that originated from the Tacoma, Washington area. Others found at the scene included native females associated to the Pine Ridge Reservation living in Tacoma, Washington. Information related to the driver was found at a 2008 search warrant conducted by the LEAD Task Force 25 Washington State marijuana plants seized: ,527 & , Criminal Exploitation

39 on the Yakama Nation Reservation. Identification and documents were also found at the accident location for a subject not at the scene. This same subject was later identified at another collision and arrested for driving under the influence (drugs) in King County, Washington. State Troopers found that the subject was transporting 87 grams of methamphetamine and 51 grams of heroin for distribution. The narcotics were found inside the vehicle, on his person and in a backpack, which also contained a portable scale. Mexican National Drug trafficking organizations (DTOs) are moving large quantities of methamphetamine and cocaine from Mexico to the Yakima Valley region. Additionally, heroin is making an appearance on native lands. Poppy fields were found on tribal lands in two Oregon State counties. What s interesting about this is detectives think drug dealers may be using Oregon as a testing ground for the source of heroin, said Captain Rob Edgell from the McMinnville Police Department. 26 The poppy fields were found in forested areas that are typically used by Mexican Nationals to grow marijuana. Yamhill County Interagency Narcotics Team seized over 36,000 opium poppy plants. Photo of poppy grow provided by the Yamhill County Interagency Narcotics Team 26 Drug cartel could be linked to blossoming poppy fields. KATU News. Kissee, Anita. 7/21/09. Criminal Exploitation - 36

40 DRUG ROUTES INTO WASHINGTON STATE TRIBAL LANDS - IDENTIFICATION OF HISPANIC STREET GANGS & OUTLAW MOTORCYCLE GANGS Lummi Nooksack CIS Patti G. Brewster Bridgeport Spokane Reservation City cases/09-tribal survey/charts/sos dist.vsd Kalispel Coeur d Alene Nez Perce International Regional & Interstate Drug Distribution Drug Distribution STATE non-nwhidta County OMG Outlaw Motorcycle Gang MONTANA HSG Burlington HSG Mt Vernon Makah HSG Quileute Hoh Forks Elwha Port Angeles Port Gamble Stillaguamish Tulalip Sauk Suiattle Seattle Quinault HSG HSG HSG Montesano Aberdeen Westport Shoalwater Bay Chehalis HSG HSG Auburn Puyallup Tacoma Nisqually HSG Muckleshoot HSG Yakima HSG Yakama OREGON Colville IDAHO HSG Spokane Coeur d Alene HSG Hispanic NWHIDTA Street County Gangs HSG Clark 37 Criminal Exploitation

41 INDEPENDENT TRAFFICKING GROUPS Independent DTOs are involved in a wide variety of illicit drug activities to include marijuana, methamphetamine and pharmaceutical diversion. Those DTOs involved in the diversion of pharmaceuticals are diverse, ranging from employees in the professional medical community to patient addicts affiliated with street-level criminal organizations. These groups are loosely-knit and operate at the retail level of distribution. Retail diversion can come from independent DTOs operating within the reservation, or independent DTO operating outside the reservation and distributing on tribal lands. According to the NWHIDTA survey information, the source of pharmaceutical diversion on tribal lands is the Indian Health Services and medical facilities on the reservation. In 2005, the DEA Seattle Diversion Group initiated a joint investigation with the state and local police departments in Washington State on pharmacy break-ins. The operation code named Operation Midnight Sweep targeted a DTO that was responsible for a rash of pharmacy burglaries. Agents and investigators identified this DTO as the most prolific and successful pharmaceutical burglary organization in the nation. Pharmacies were burglarized in seven western states, which created a significant source of supply for pharmaceutical narcotics to Snohomish and King Counties in Washington State. The subjects involved were from Marysville, Washington -- a community of close to 32,000 people that borders the Tulalip Reservation. As a part of the investigation, four subjects were arrested, who were directly associated reservation. One of the primary burglars identified is an enrolled member of Tulalip. Other members of this DTO admitted to selling diverted pharmaceuticals on the Tulalip Reservation. The cause and effect of the investigation became quickly evident. The impact of the enforcement action against this DTO resulted in a substantial decrease in pharmacy burglaries. This was offset by an increase in armed robberies of the pharmacies Burglaries Robberies Washington State Pharmaceutical Burglaries & Robberies Investigation and Arrests Year Criminal Exploitation - 38

42 On August 27, 2009, the U.S. Coast Guard, in cooperation with the Makah Tribal Law Enforcement (Clallam County, Washington), boarded an 18-foot North River boat in the Straits of Juan de Fuca near Neah Bay, Washington. The boat had crossed the international waters from Canada. Onboard officers found a duffle bag containing over 60,000 ecstasy tablets with a street value of $1 million. The investigation was connected to earlier cases involving the tribal fishing industry. Tribal members reported that tribal vendors were trading pounds of fish with Canadian-domestic Asian DTOs for milligrams of OxyContin (pills). The rate of exchange of OxyContin pills to fish is 1 milligram:1 pound. The organization was linked to another investigation of criminal activity of tribes located along U.S. Highway 101 as well as the Puyallup Reservation. In this investigation, the tribal fishing community was trading fish for pharmaceuticals and methamphetamine from Asian fish buyers. In a separate investigation, DEA, FBI, and local law enforcement targeted an OxyContin DTO that operated on the Puyallup Indian Reservation. The 18 month multiagency investigation targeted owners of the Indian Smoke Shop and the Little Red Smoke Shop. Agents and officers served nine search warrants. Over 5,400 OxyContin pills were seized along with weapons, vehicles, and $95,000 cash. Eleven subjects were arrested, of whom four were tribal members. The reported proprietor, a Hispanic male, had married a tribal member, who died in 2002, and continued to operate the family business after her passing. The morning after the search warrants were executed, an unknown subject threw a ¼ stick of dynamite at the home of a tribal police officer, who had participated in the takedown. The officer s house is offset from the road, with a long access way. The Swinomish Tribe is located on Fidalgo Island in Skagit County. In August of 2009, officers contacted and released two white males leaving a wooded area on tribal ground. Officer s located a well tended marijuana grow in a clear-cut area. While on surveillance, tribal officers observed a small pusher prop propeller sea plane flying low over the trees, with the wings tipped to view directly into the grow area. Although the officer s vehicles could not be seen from the road, they could be seen from the sky The plane returned two days later. No subjects returned to the grow location and after several days the surveillance was called off. 39 Criminal Exploitation

43 In a joint FBI and Grays Harbor Drug Task Force investigation, an individual was arrested and pled guilty to manufacturing marijuana on the Quinault Indian Reservation. This had been the third time that the individual had grown marijuana on tribal land. According to court records, a person scouting for timber on the Quinault Indian Reservation encountered a marijuana grow with 100 plants. Investigators monitored his activities with surveillance cameras and observed the defendant watering and tending the grow. This individual was identified as someone well-known in the local law enforcement community for marijuana grow activities, and had been arrested for cultivating marijuana on several occasions. Agents and officers executed search warrants of his residence in Aberdeen and found a small amount of processed marijuana and a variety of ammunition. At the sentencing, the judge noted that the previous light sentences had not deterred him from growing marijuana, and as part of his supervised release, he would have to serve 60 hours of community service, which the judge said should benefit the Quinault Nation. PHARMACEUTICAL DIVERSION The rise in diverted pharmaceutical abuse on tribal lands is a trend that is similar with users in Washington State. Many DTOs, responsible for supplying the general addict population, also supply those on the reservations. According to the DEA Seattle Diversion Group, the primary methods of diversion include illegal dispensing and prescribing by physicians; illegal distribution by pharmacists; prescription forgery; doctor shopping; employee pilferage from pharmacies, hospitals, and long-term care facilities; pharmacy burglaries, and Internet purchases. In Washington State, deaths linked to prescription drugs have increased by more than 800% in 10 years. Unintended drug poisonings now account for almost as many deaths in Washington as car crashes. 27 Prescription drug abuse totals are higher than the abuse of cocaine, heroin, hallucinogens, ecstasy, and inhalants combined. 27 source: 5feb2007 Criminal Exploitation - 40

44 D rugs Frequently Identified in Im paired W ashington Drivers Prescription Drugs Frequency M a rijuan a M e tha m ph etam ine C o caine H e ro in P C P Y ea r SOURCE: WSP TOXICOLOGY LAB Many of the tribes report the main source of pharmaceutical drugs for illicit use, specifically OxyContin, come from the family medicine cabinet. These tribes cite overprescribing, doctor shopping and trafficking of these substances as sources of diverted pharmaceuticals. Bartering is another diversion activity. Tribes have reported that fish buyers have offered to buy tribal fish catches in exchange for pharmaceutical pills and methamphetamine. Lummi Nation reports street level sales of Suboxone. Suboxone is used to treat opioid dependency, such as Oxycodone, as an office based treatment unlike methadone where dosages are controlled daily in clinics. In August 2008, Lummi began testing newborns in obvious withdrawal. The infants tested positive for Suboxone. Beginning October 1, 2009, the DEA Seattle Diversion is required to do on-site regulatory reviews of Washington State Office Based Opioid Treatment (OBOT) doctors prescribing Suboxone. MARIJUANA Mexican National DTOs tied to Mexican drug cartels dominate the cultivation on marijuana in Washington State. These grows are sophisticated in terms of their method of operation: from the identification of grow sites, diversion of water sources for irrigation, to harvesting, processing and distribution of marijuana. Marijuana grows also proliferate on tribal lands, particularly those in eastern Washington. Reservations that reported the most marijuana plants eradicated were the Yakama Nation, the Colville Confederated and Spokane Tribes. The 2009 eradication efforts the Yakama Nation Tribal Police and the LEAD Task Force have thus far rendered 112,000 marijuana plants from 26 grows located on the Yakama Reservation. Additional marijuana grows have been identified and are targets of investigation. 41 Criminal Exploitation

45 Like the Yakama Nation, the Colville Confederated and the Spokane Tribes are experiencing similar marijuana grow operations in their national forested areas. Colville and Spokane Tribes are located in north central mountains of the State, at a higher elevation and shorter grow season than the area owned by the Yakama Nation. In 2008, Spokane Tribal Police removed over 24,000 marijuana plants with a street value of an estimated $60 million. The marijuana plants were removed by helicopter from the Spokane Reservation with the help of agents and officers from the DEA, US Border Patrol, National Park Service, National Guard, Washington State Patrol (WSP), and Stevens County Sheriff s Office. During the summer of 2009, Colville Tribal Police located and eradicated 31,000 marijuana plants with the assistance of the FBI, DEA, U.S. Border Patrol, National Guard, and WSP CERT (Cannabis Eradication Response Team). There was sufficient evidence at both locations to associate the marijuana grows to Mexican cartels. A direct connection tying the Yakama Nation and Yakima Valley grows to the Colville tribal land was made in November A tracker placed on a vehicle in the Yakima Valley led law enforcement to additional previously unidentified marijuana grows within the Colville boundaries, 268 miles to the north. These were tied to Mexican DTOs. Criminal Exploitation - 42

46 MEDICAL MARIJUANA Quileute Nation reports issues with the medical marijuana laws. First Beach has a surf camp which has become popular with visiting surfing enthusiasts. Quileute Nation Tribal Police have encountered individuals, who frequently present medical marijuana cards and claim to be under a doctors care. Many of the surfers visiting the area are from California, where The DEA and its local and state counterparts routinely report that large-scale drug traffickers hide behind and invoke Proposition 215, even when there is no evidence of any medical claim. In fact, many large-scale marijuana cultivators and traffickers escape state prosecution because of bogus medical marijuana claims. Prosecutors are reluctant to charge these individuals because of the state of confusion that exists in California. Therefore, high-level traffickers posing as "care givers" are able to sell illegal drugs with impunity. 28 Quileute Nation is proactively considering tribal legislation to not recognize medical marijuana on the reservation, escorting off and serving a No Trespass to nontribal individuals found in possession or in use of marijuana that have medical documentation. METHAMPHETAMINE Locally-produced methamphetamine use and availability have declined and have been replaced with Mexican ice methamphetamine. In the past, clandestine laboratory activity was prevalent throughout the state and on tribal lands. In October 2000, Yakima County was the site of the then largest methamphetamine lab in Washington State. The property involved dumpsites of Mexican National origin at three 10-acre parcels near Tampico, Yakima County. Members of the DTO were concealed among the local agricultural and migrant communities. Large dumpsites were also found on state highways near reservation boundaries. Witnesses stated that the dumpsites were associated to Mexican National methamphetamine laboratories. There are indications that locally-produced methamphetamine may be making a comeback. Several tribes throughout Washington State have reported break-ins occurring at their respective fish hatcheries. The stolen chemicals may be used in methamphetamine manufacturing. Tribal communities of the northern section of the Olympic Peninsula report a resurgence of methamphetamine availability. Elwha Klallam Tribe, located near Port Angeles (Clallam County, Washington) reported that methamphetamine is being supplied in Criminal Exploitation

47 pound increments from the Forks, Washington area. The Quileute Nation is located on the coastal boundary in the Olympic National Park, 15 miles southeast of Forks. A source reported that a Mexican National male living in Forks offered methamphetamine and pharmaceuticals in exchange for items to be taken from the tribe s fish hatchery. Similar reports were made to WSP Forensics Unit regarding the fish food of other fish hatcheries throughout the State. Some common chemicals found in the fish hatcheries that may be used in the manufacture of methamphetamine are tricaine methanesulfonate or MS222, iodine, and anhydrous ammonia. MS222, brand name Finquel, is used as a fish anesthesia or sedation by the fish hatcheries. Also known as TMS, it is dually licensed as an anesthetic for both fish and human consumption. TMS is used as a muscle relaxant in humans, and serves to block signal exchanges between the brain and the extremities. 29 Per WSP Forensics Unit, TMS is also used as a cutting agent in methamphetamine manufacturing. Iodine is another chemical used in fish care at the hatcheries. In tribes where fish processing facilities exist, anhydrous ammonia is a chemical used in legitimate refrigeration is readily available. NATIONAL SECURITY Several DTOs use tribal lands to smuggle drugs across the border and/or redistribute drugs throughout the region. In addition, DTOs trade/barter drugs for other commodities, such as fish with the tribes. Foreign nationals, particularly Mexican, and other Hispanics are able to camouflage themselves within the community targeting native females in order to secure residence and a base of operation. Many tribes have expressed interest and concern over border security issues, and a willingness to participate in border task forces. Individuals from various states and countries have travelled to Washington State for the purpose of illegally obtaining Washington State driver s licenses. Many Washington State municipalities, such as the City of Seattle, prohibit local police from inquiring about the immigration status of anyone contacted. Washington State also does not require anyone seeking a driver s license to present a Social Security card, or other 29 Criminal Exploitation - 44

48 identification proving the individual is legally a United States resident. This allows anyone wanting to obtain a Washington State driver s license the ability to do so, without proper documentation. 30 A Pakistani student, who was on the Terrorist Watch List and had been missing post-9/11, was stopped for a traffic violation on a Ferry County road. He identified himself as a tribal family member living on the Spokane reservation. He had concealed himself by growing his hair long and pulled back in traditional native style, and was living with a female tribal member. Spokane Tribal Police responded to the scene, and was able to contradict the Pakistani s identification as the officer was familiar with the family the foreign national had claimed to be a member. In March 2007, Nooksack Tribal Police was patrolling near the natural gas transportation pipeline and found a Lebanese passport in a puddle. The passport showed several entries to Arabic countries. The officer contacted the Bellingham office of the FBI, and forwarded the information. The FBI officer identified the passport owner as having previous contact for interstate transportation of stolen goods. In an interview conducted by Paul Shukovsky and Daniel Lathrop of the Seattle Post Intelligencer 31, a Makah tribal member who is a recovering addict and was romantically involved with a Mexican drug dealer stated They are told in Mexico, even before they come here, to find an Indian woman and marry her You ll get a free home, a free clinic. And they basically do it and set up shop. This is not exclusively a Washington State trend. In a special report, The Mexican Pipeline, written by Jeff Hinkle (American Indian Report, June 2001), noted that the flow of drugs and illegal aliens are routed through reservation lands from the Arizona- Mexican border north through Washington State and west to 30 Federal Bureau of Investigation Situational Information Report Criminal Tradecraft Alert; Seattle Division; 18 November Criminal Exploitation

49 Montana and Canada. According to the article, several Mexican Nationals told authorities that they specifically targeted tribal lands because of the lessened threat of police intervention. 4. Smugglers would stash it and meet native mules in motels in Spokane and Seattle. 3. The drugs then make it to Yakima, Wash., or Oregon. 5. The Blackfeet take it back to the reservation and sell it. 2. From there smugglers -- or "mules" -- use planes, trains, buses and cars to transport it up to Salt Lake City. 1. The Tohono O'odham reservation extends on either side of the border. Drugs from Mexico cross here into the United States. Criminal Exploitation - 46

50 This Page is intentionally blank. 47 Criminal Exploitation

51 OUTLOOK Most reservations in Washington State are experiencing a rise in drug trafficking and gang-related activities as well as an increase in drug abuse. This mirrors what is taking place throughout the general population. Drug Trafficking Organizations and gangs will continue to exploit the reservations, because of the lack of resources and socio-economic opportunities. Demand for domestic marijuana remains widespread, and Mexican National DTOscontrolled outdoor marijuana grows on tribal lands will likely continue to increase. Pharmaceutical drugs abuse on the reservation will continue to increase because of the rise in the number of DTOs involved in diversion of prescription drugs. Additionally, street gangs, particularly those aligned with Mexican DTOs will continue to make incursions on tribal lands as they intermarry or cohabitate with the native population. Native American communities and tribal law enforcement are committed to combating drug trafficking, drug abuse, and criminal organizations on tribal lands through drug awareness, treatment and prevention, and collaboration/cooperation with federal, state and local law enforcement agencies. The Northwest HIDTA will continue to work cooperatively and comprehensively with all levels of law enforcement in order to identify, target, and dismantle DTOs operating on and through tribal lands. Outlook 48

52 This page is intentionally left blank. 49 Outlook

53 FIGURES SECTION 1 INTRODUCTION 1. Washington State Tribal Lands Map with western region enhanced 2 2. Graffiti on a highway barrier Colville Reservation (Okanogan County). 187 is the California Penal Code for murder 3 SECTION 2 - COMMUNITY 3. Canoe races at Chief Seattle Days (Suquamish) with Seattle skyline on the horizon (Kitsap County) 4 4. Nisqually Reservation Daycare Center (Thurston County) 5 5. Tulalip Casino at Quilceda Village, Tulalip Reservation (Snohomish County) 6 SECTION 3 TREATIES AND JURISDICTIONS UNDERSTANDING SOVEREIGNTY 6. Bureau of Indian Affairs jail, early 1900 s, Colville Reservation (Okanogan County 8 7. Legal notice, Stillaguamish Tribe (Snohomish County) 9 8. Yelm Highway, entrance to the Nisqually Reservation (Thurston County) Police patch, Shoalwater Bay Police Department (Pacific County) Northern Quest Casino, Kalispel Reservation (Pend Oreille County) For Rent Land Contract sign U.S. Highway 101 Northbound, passing through Skokomish Nation 16 SECTION 4 DRUG PREVENTION AND TREATMENT 13. Response returns of the 2009 survey ARCOS Report (DEA) charts of OxyContin purchases by DEA Registrants Medical and Wellness facility sign, Shoalwater Bay Reservation (Pacific County) Bumper Sticker Advertisement against smoking marijuana and promoting tribal culture Grass Dancer at the Puyallup Powwow (Pierce County) Washington State Tribes with Drug Courts 22 SECTION 5 TRIBAL STATISTICS AND JURISDICTION INTERACTION 19. Increase and decrease of crime statistics Marijuana eradication in the Yakima Valley LEAD Task Force and Yakama Nation Police (Yakima County) Tribal law enforcement perception of jurisdictional interaction Seattle PI. 8/20/07. Tribes See FBI Support for Drug War Dwindle Safe Trails participants 28 PAGE Figures - 50

54 24. Map of the Nisqually Tribal and Fort Lewis Military Reservation (Pierce and Thurston Counties) Map of the Puyallup Nation showing non-tribal cities within the reservation boundaries (Pierce County) Reward sign for information regarding drug dealings on the Tulalip Reservation (Snohomish County) 31 SECTION 6- CRIMINAL EXPLOITATION 27. U.S. Department of Justice, NCJ173386: American Indians and Crime. February Bureau of Indian Affairs Study Savages gang graffiti and associated website Map of the Swinomish Tribe and photo of the Rainbow Bridge over the Swinomish Channel marijuana grow camouflaged under grape vines (Yakima County) Drug related shoot out fatality victim in Guatemala Drug routes onto Washington State reservation lands seizure of pharmaceutical burglary Cause and Effect of arrests demonstrating the decrease of burglaries and the increase of robberies once the supply was disrupted Indian Smokeshop, Puyallup Reservation (Pierce County); Washington State Patrol Toxicology Lab report of drugs frequently identified in impaired drivers Map of distance and route between Yakama and Colville Tribal lands, connected by Mexican National marijuana grows Surfers on First Beach, Quileute Nation (Clallam County) Jar of Finquel MS222 used at fish hatcheries Aerial view of natural gas pipeline near Nooksack Reservation, (Whatcom County) American Indian Report, June Cover and article Figures

55 BASIC RULES OF JURISDICTION IN INDIAN COUNTRY* WHO COMMITTED THE OFFENSE Indian Defendant Non-Indian Defendant CHARACTER OF LAND ON WHICH OFFENSE WAS COMMITTED Trust Property** Fee Simple Property** Public Road State jurisdiction exits for all State jurisdiction exists for all crimes committed by an offenses committed by an Indian juvenile. State Indian adult or Indian juvenile. jurisdiction exists for all crimes committed by an Indian adult on trust land located outside the geographic boundaries of the reservation. Federal jurisdiction exists for all crimes committed by an Indian adult. Federal jurisdiction also exists for all crimes committed by an Indian juvenile in the Jamestown-Klallam Reservation, the Nooksack Reservation, the Sauk Suiattle Reservation, and the Upper Skagit Reservation. Tribal court jurisdiction exists for all offenses committed by an Indian adult or Indian juvenile on trust land. State court jurisdiction exists for all crimes committed by non-indian adults and non- Indian juveniles. No tribal court jurisdiction over a non-indian. Tribal officers may detain non-indian law breakers until a state officer can report to the scene. Tribal court jurisdiction exists for all offenses committed by an Indian adult or Indian juvenile on fee simple property located within the exterior boundary of the reservation. State court jurisdiction exists for all crimes committed by non-indian adults and non- Indian juveniles. No tribal court jurisdiction over a non-indian. Tribal officers may detain non-indian law breakers until a state officer can report to the scene. State jurisdiction exists for all crimes committed on a state, city, or county road by an Indian adult or Indian juvenile. A civil traffic infraction may only be issued if the Tribe does not have a comprehensive traffic code. If the Tribe has a comprehensive traffic code, then a report should be forwarded to the tribal prosecutor for any action the Tribe should wish to take. Tribal court jurisdiction exists for all offenses committed by an Indian adult or Indian juvenile on public roads located within the exterior boundary of the reservation. State court jurisdiction exists for all crimes and civil infractions committed by non-indian adults and non-indian juveniles. No tribal court jurisdiction over a non-indian. Tribal officers may detain non-indians who have committed a crime until a State commissioned officer can report to the scene. *Under these rules, more than one entity (i.e. Tribal and State) may have jurisdiction over a particular individual and crime at the same time. Also, these rules do not apply to some reservations. No State jurisdiction exists over Indian adults or Indian juveniles anywhere in the Jamestown-Klallam Reservation, the Nooksack Reservation, the Sauk Suiattle Reservation, the Snoqualmie Reservation, and the Upper Skagit Reservation. State jurisdiction over Indian adults or Indian juveniles exists anywhere in the Muckleshoot Reservation, the Nisqually Reservation, the Skokomish Reservation, the Stillaguamish Reservation, and the Squaxin Island Reservation. ** The easiest way to determine whether a piece of property is fee or trust is to contact the county auditor. Trust property is exempt from taxes and the records will reflect that. Tulalip Reservation has a special class of fee property that is subject to the same rules as trust property. Prepared by the Washington Association of Prosecuting Attorneys (May 2008) Appendix i Basics Rules of Jurisdiction in Indian Country - 52

56 BASIC RULES OF JURISDICTION IN INDIAN COUNTRY* ARREST WARRANTS TRIBAL COURT TRUST PROPERTY WITHIN RESERVATION State officers may not serve tribal court arrest warrants on Indians or non-indians. FEE SIMPLE PROPERTY WITHIN RESERVATION State officers may not serve tribal court arrest warrants on Indians or non-indians. PROPERTY OUTSIDE RESERVATION State officers may not serve tribal court arrest warrants on Indians or non-indians. STATE COURT State officers may serve arrest warrants upon non-indians or Indians in accordance with normal procedures if the warrant is related to an off-reservation violation of state laws or to a crime committed within the reservation at a location where the state exercises criminal jurisdiction. If the subject of the warrant is an Indian who is currently in tribal custody, the State may have to follow the extradition procedure established by the Tribe to obtain custody of the individual. State officers may serve arrest warrants upon non-indians or Indians in accordance with normal procedures. State officers may serve arrest warrants upon non-indians or Indians in accordance with normal procedures regardless of whether the property is owned in fee or trust. TRIBAL COURT STATE COURT TRUST PROPERTY WITHIN RESERVATION State officers may not assist in the service of a tribal search warrant. State officers may respond to the scene to take into custody any non-indians who are found on site and who were found to be engaged in a violation of state law. State officers may serve state search warrants without obtaining a parallel tribal search warrant or a federal search warrant if the warrant is related to an off-reservation violation of state laws or to a crime committed within the reservation at a location where the state exercises criminal jurisdiction. SEARCH WARRANTS FEE SIMPLE PROPERTY WITHIN RESERVATION State officers may not assist in the service of a tribal search warrant. State officers may assist tribal officers in obtaining a parallel state court search warrant and state officers may serve such a warrant. State officers may respond to the scene to take into custody any non-indians who are found on site and who were found to be engaged in a violation of state law. State officers may serve state search warrants without obtaining a parallel tribal search warrant or a federal search warrant. PROPERTY OUTSIDE RESERVATION State officers may not assist in the service of a tribal search warrant. State officers may assist tribal officers in obtaining a parallel state court search warrant and state officers may serve the parallel state court warrant. State officers may serve state search warrants on all property located outside the exterior boundary of a reservation regardless of whether the property is owned in fee or trust, by an Indian or a non- Indian. Prepared by the Washington Association of Prosecuting Attorneys (May 2008) 53 Appendix i Basics Rules of Jurisdiction in Indian Country

57 Appendix ii Federally Recognized American Indian Reservations and Trust Lands, Census

58 This page is intentionally left blank. 55 Appendix ii Federally Recognized American Indian Reservations and Trust Lands, Census 2000

59 Appendix iii HB

60 57 Appendix iii HB 2476

61 Appendix iii HB

62 59 Appendix iii HB 2476

63 Appendix iii HB

64 This page is intentionally left blank. 61 Appendix iii HB 2476

65 Chapter RCW RCW Sections Findings -- Intent Definitions Foreign protection orders -- Validity Foreign protection orders -- Filing -- Assistance Filed foreign protection orders -- Transmittal to law enforcement agency -- Entry into law enforcement information system Peace officer immunity Fees not permitted for filing, preparation, or copies Violation of foreign orders -- Penalties Child custody disputes Short title c Captions not law c Severability c Findings Intent. The problem of women fleeing across state lines to escape their abusers is epidemic in the United States. In 1994, Congress enacted the violence against women act (VAWA) as Title IV of the violent crime control and law enforcement act (P.L ). The VAWA provides for improved prevention and prosecution of violent crimes against women and children. Section 2265 of the VAWA (Title IV, P.L ) provides for nationwide enforcement of civil and criminal protection orders in state and tribal courts throughout the country. The legislature finds that existing statutes may not provide an adequate mechanism for victims, police, prosecutors, and courts to enforce a foreign protection order in our state. It is the intent of the legislature that the barriers faced by persons entitled to protection under a foreign protection order will be removed and that violations of foreign protection orders be criminally prosecuted in this state. [1999 c ] Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Domestic or family violence" includes, but is not limited to, conduct when committed by one family member against another that is classified in the jurisdiction where the conduct occurred as a domestic violence crime or a crime committed in another jurisdiction that under the laws of this state would be classified as domestic violence under RCW (2) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and Appendix iv - Chapter RCW: Foreign Protection Order Full Faith and Credit Act 62

66 grandparents and grandchildren. (3) "Foreign protection order" means an injunction or other order related to domestic or family violence, harassment, sexual abuse, or stalking, for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to another person issued by a court of another state, territory, or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, or any United States military tribunal, or a tribal court, in a civil or criminal action. (4) "Harassment" includes, but is not limited to, conduct that is classified in the jurisdiction where the conduct occurred as harassment or a crime committed in another jurisdiction that under the laws of this state would be classified as harassment under RCW 9A (5) "Judicial day" does not include Saturdays, Sundays, or legal holidays in Washington state. (6) "Person entitled to protection" means a person, regardless of whether the person was the moving party in the foreign jurisdiction, who is benefited by the foreign protection order. (7) "Person under restraint" means a person, regardless of whether the person was the responding party in the foreign jurisdiction, whose ability to contact or communicate with another person, or to be physically close to another person, is restricted by the foreign protection order. (8) "Sexual abuse" includes, but is not limited to, conduct that is classified in the jurisdiction where the conduct occurred as a sex offense or a crime committed in another jurisdiction that under the laws of this state would be classified as a sex offense under RCW 9.94A.030. (9) "Stalking" includes, but is not limited to, conduct that is classified in the jurisdiction where the conduct occurred as stalking or a crime committed in another jurisdiction that under the laws of this state would be classified as stalking under RCW 9A (10) "Washington court" includes the superior, district, and municipal courts of the state of Washington. [1999 c ] Foreign protection orders Validity. A foreign protection order is valid if the issuing court had jurisdiction over the parties and matter under the law of the state, territory, possession, tribe, or United States military tribunal. There is a presumption in favor of validity where an order appears authentic on its face. A person under restraint must be given reasonable notice and the opportunity to be heard before the order of the foreign state, territory, possession, tribe, or United States military tribunal was issued, provided, in the case of ex parte orders, notice and opportunity to be heard was given as soon as possible after the order was issued, consistent with due process. [1999 c ] Foreign protection orders Filing Assistance. (1) A person entitled to protection who has a valid foreign protection order may file that order by presenting a certified, authenticated, or exemplified copy of the foreign protection order to a clerk of the court of a Washington court in which the person entitled to protection resides or to a clerk of the court of a Washington court where the person entitled to protection believes enforcement may be necessary. Any out-of-state department, agency, or court responsible for maintaining protection order records, may by facsimile or electronic transmission send a reproduction of the foreign protection order to the clerk of the court of Washington as long as it contains a facsimile or digital signature by any person authorized to make such transmission. 63 Appendix iv - Chapter RCW: Foreign Protection Order Full Faith and Credit Act

67 (2) Filing of a foreign protection order with a court and entry of the foreign protection order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants are not prerequisites for enforcement of the foreign protection order. (3) The court shall accept the filing of a foreign protection order without a fee or cost. (4) The clerk of the court shall provide information to a person entitled to protection of the availability of domestic violence, sexual abuse, and other services to victims in the community where the court is located and in the state. (5) The clerk of the court shall assist the person entitled to protection in completing an information form that must include, but need not be limited to, the following: (a) The name of the person entitled to protection and any other protected parties; (b) The name and address of the person who is subject to the restraint provisions of the foreign protection order; (c) The date the foreign protection order was entered; (d) The date the foreign protection order expires; (e) The relief granted under (specify the relief awarded and citations thereto, and designate which of the violations are arrestable offenses); (f) The judicial district and contact information for court administration for the court in which the foreign protection order was entered; (g) The social security number, date of birth, and description of the person subject to the restraint provisions of the foreign protection order; (h) Whether the person who is subject to the restraint provisions of the foreign protection order is believed to be armed and dangerous; (i) Whether the person who is subject to the restraint provisions of the foreign protection order was served with the order, and if so, the method used to serve the order; (j) The type and location of any other legal proceedings between the person who is subject to the restraint provisions and the person entitled to protection. An inability to answer any of the above questions does not preclude the filing or enforcement of a foreign protection order. (6) The clerk of the court shall provide the person entitled to protection with a copy bearing proof of filing with the court. (7) Any assistance provided by the clerk under this section does not constitute the practice of law. The clerk is not liable for any incomplete or incorrect information that he or she is provided. [1999 c ] Filed foreign protection orders Transmittal to law enforcement agency Entry into law enforcement information system. (1) The clerk of the court shall forward a copy of a foreign protection order that is filed under this chapter on or before the next judicial day to the county sheriff along with the completed information form. The clerk may forward the foreign protection order to the county sheriff by facsimile or electronic transmission. Upon receipt of a filed foreign protection order, the county sheriff shall immediately enter the foreign Appendix iv - Chapter RCW: Foreign Protection Order Full Faith and Credit Act 64

68 protection order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The foreign protection order must remain in the computer for the period stated in the order. The county sheriff shall only expunge from the computer-based criminal intelligence information system foreign protection orders that are expired, vacated, or superseded. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the foreign protection order. The foreign protection order is fully enforceable in any county in the state. (2) The information entered into the computer-based criminal intelligence information system must include, if available, notice to law enforcement whether the foreign protection order was served and the method of service. [1999 c ] Peace officer immunity. A peace officer or a peace officer's legal advisor may not be held criminally or civilly liable for making an arrest under this chapter if the peace officer or the peace officer's legal advisor acted in good faith and without malice. [1999 c ] Fees not permitted for filing, preparation, or copies. A public agency may not charge a fee for filing or preparation of certified, authenticated, or exemplified copies to a person entitled to protection who seeks relief under this chapter or to a foreign prosecutor or a foreign law enforcement agency seeking to enforce a protection order entered by a Washington court. A person entitled to protection and foreign prosecutors or law enforcement agencies must be provided the necessary number of certified, authenticated, or exemplified copies at no cost. [1999 c ] Violation of foreign orders Penalties. (1) Whenever a foreign protection order is granted to a person entitled to protection and the person under restraint knows of the foreign protection order, a violation of a provision prohibiting the person under restraint from contacting or communicating with another person, or of a provision excluding the person under restraint from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime, is punishable under RCW (2) A peace officer shall arrest without a warrant and take into custody a person when the peace officer has probable cause to believe that a foreign protection order has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order that prohibits the person under restraint from contacting or communicating with another person, or a provision that excludes the person under restraint from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order. [2000 c ; 1999 c ] 65 Appendix iv - Chapter RCW: Foreign Protection Order Full Faith and Credit Act

69 Child custody disputes. (1) Any disputes regarding provisions in foreign protection orders dealing with custody of children, residential placement of children, or visitation with children shall be resolved judicially. The proper venue and jurisdiction for such judicial proceedings shall be determined in accordance with chapter RCW and in accordance with the parental kidnapping prevention act, 28 U.S.C. 1738A. (2) A peace officer shall not remove a child from his or her current placement unless: (a) A writ of habeas corpus to produce the child has been issued by a superior court of this state; or (b) There is probable cause to believe that the child is abused or neglected and the child would be injured or could not be taken into custody if it were necessary to first obtain a court order pursuant to RCW [1999 c ] Short title 1999 c 184. This act may be known and cited as the foreign protection order full faith and credit act. [1999 c ] Captions not law 1999 c 184. Captions used in this chapter are not part of the law. [1999 c ] Severability 1999 c 184. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1999 c ] Appendix iv - Chapter RCW: Foreign Protection Order Full Faith and Credit Act 66

70 This page is intentionally left blank. 67 Appendix iv - Chapter RCW: Foreign Protection Order Full Faith and Credit Act

71 ACKNOWLEDGEMENTS Bureau of Indian Affairs Chehalis Confederated Tribes Colville Confederated Tribes Drug Enforcement Administration Federal Bureau of Investigation Governor s Office of Indian Affairs (Washington State) Hoh Tribe Island Crossing Counseling Services Kalispel Tribe Law Enforcement Against Drugs Task Force Lower Elwha Klallam Tribe Lummi Nation Makah Tribe Muckleshoot Tribe King County Sheriff s Office Nisqually Tribe Nooksack Tribe Northwest Association of Tribal Enforcement Officers Pediatric Interim Care Center Port Gamble S Klallam Tribe Puyallup Tribe Quileute Tribe Quinault Nation Sauk-Suiattle Tribe Shoalwater Bay Tribe Skokomish Tribe Spokane Tribe Stillaguamish Tribe Suquamish Tribe Swinomish Tribe Tulalip Tribes United State Attorney Eastern District United States Attorney Western District Upper Skagit Tribe Washington Association of Prosecuting Attorneys Washington Association of Sheriff s and Police Chiefs Washington State Department of Fish and Wildlife Washington State Patrol Yakama Nation Yamhill Interagency Narcotics Team (Oregon) Acknowledgements -- 68

72 This report is the property of NWHIDTA. All rights reserved. This report is the property of NWHIDTA. All rights reserved.