FPC Yankton, a minimum security federal prison camp in Yankton, South Dakota. Photo from Bureau of Prisons

The U.S. Sentencing Commission is studying punishment disparities in Indian Country.

The commission formed a Tribal Issues Advisory Group in February. A panel of federal judges, federal officials, tribal leaders, attorneys and advocates are determining whether Indian criminal defendants face harsher sentences simply by being located on reservations.

“The commission last conducted a holistic review of the impact of the sentencing guidelines in tribal communities more than ten years ago,” Judge Patti Saris, the chair of the commission, said in a press release. “Since then, there have been important changes to federal law and tribal court jurisdiction, so the time is ripe for a reexamination.”

A 2003 report to the commission did uncover some disparities. "Federal sentences for aggravated assault are indeed longer than state sentences," an ad-hoc group stated.

"Because Native Americans are prosecuted federally for assaults, they receive longer sentences than their non-Native counterparts in state court," the report continued.

According to The Wall Street Journal, the number of Native Americans in the federal prison system has increased 27 percent in just the last five years. In South Dakota, Native Americans represent nearly 60 percent of the caseload but only 9 percent of the state population, the paper said.

The TIAG expects to finalize their recommendations in May 2016.

Get the Story:
Federal Panel Reviewing Native American Sentencing (The Wall Street Journal 4/21)

Tribal Issues Advisory Group Documents:
Charter | Members | Announcement

Federal Register Notice:
Request for Applications (November 28, 2014)

2003 Report:
AD HOC ADVISORY GROUP ON NATIVE AMERICAN SENTENCING ISSUES (November 2003

Related Stories:
Sentencing Commission to consider Indian Country disparities (3/24)
Federal judge calls for release of Indian woman in North Dakota (10/16)