Country

Policies and Directives

Introduction

Under the authority provided by 25 CFR §2802, which implements Public Law 101-379, the Indian Law Enforcement Reform Act, the Bureau of Indian Affairs (BIA) Office of Justice Services (OJS) has the responsibility to provide law enforcement services in Indian country. Under the authority indicated in the Bureau of Indian Affairs Manual System (0 BIAM, Supplement 2), central office directors have the responsibility to direct their subordinates to prepare and publish appropriate directives in accordance with BIAM.

Public Law 101-379, the Indian Law Enforcement Reform Act, gives the Bureau of Indian Affairs, Office of Justice Services, specific duties. They are:

  1. To carry out the law enforcement functions of the Secretary in Indian country,

  2. To enforce Federal law and, with the consent of the Indian tribe, tribal law,

  3. To cooperate with appropriate Federal and tribal law enforcement agencies, in the investigation of offenses against criminal laws of the United States,

  4. To protect life and property,

  5. To develop methods and expertise to resolve conflicts and solve crimes,

  6. To provide criminal justice remedial actions, correctional and detention services, and rehabilitation,

  7. To reduce recidivism and adverse social effects,

  8. To develop preventative and outreach programs which will enhance the public conception of law enforcement responsibilities through training and development of needed public service skills

  9. To assess and evaluate program accomplishments in reducing crime, and

  10. To develop and provide law enforcement training and technical assistance.  

The Law Enforcement Handbook implements the policies published in 68 BIAM, was revised in 1996 and is included as an attachment to this Handbook. This Handbook also replaces the former 68 BIAM Supplements, which had been developed as needed overtime. In the intervening period since 68 BIAM was first developed, law enforcement programs and services have become larger, more sophisticated, and far more complex. As a result, the Law Enforcement Handbook addresses law enforcement operation in greater detail than previous releases.

Purpose of the Law Enforcement Handbook

In both its own and contractual law enforcement operations, through its chain of command and line authority, the Bureau of Indian Affairs (BIA) has management and oversight responsibility for law enforcement programs. As a result, the BIA, through the Office of Justice Services, has the obligation to provide direction to those who operate these programs. The Failure to provide direction results in an unacceptable level of risk and associated liability for citizens, staff, administrators, and managers.

In addition to the civil liability which is incurred by law enforcement programs for the violation of the civil rights of persons who are arrested by officers of the program, there are a variety of tort claims which are commonly made against law enforcement agencies. These claims can be particularly damaging if it can be shown that the indirectly involved person (a supervisor, administrator or other person) had some "affirmative duty" which was breached, and where that breach was the proximate cause of some harm or violation of rights suffered by another. Some of the theories under which vicarious liability can be established include:

  1. Negligent hiring
  2. Negligent assignment
  3. Negligent retention
  4. Negligent entrustment
  5. Negligent failure to direct
  6. Negligent failure to train
  7. Negligent failure to supervise

Together with 68 BIAM, this Law Enforcement Handbook provides a statement of the Bureau’s position in many specific areas of law enforcement operations, and in many cases provides direction about how specific activities will be carried out. It is a tool for managers, administrators, supervisors, and officers.
 

How the Handbook was Developed

The manual was developed over a period of several years using a participative process. Initially a task force of uniformed officers and criminal investigators, representing a wide range of BIA and tribal programs developed the content of chapters included in this manual. The materials developed by the task force were sent to a number of programs for field review and comment. A second task force was developed to respond to field comments, integrate them fully into the content areas, and develop additional materials.

The task forces used a number of resource materials, including the Standards for Law Enforcement, promulgated by the Commission on Accreditation in Law Enforcement. The task forces also used the legal and writing expertise of law enforcement and criminal justice consultants who are familiar with law enforcement activities in Indian country.