ORS 181A.946
Application for nontribal police officers to exercise tribal police powers on tribal lands
- citation for tribal offense
- liability for torts
- report
(1)
Not later than 90 days after July 22, 2011, the Superintendent of State Police, the sheriff of any county with land that is contiguous to the land of a tribal government, or the chief executive officer of any other local law enforcement unit whose political boundaries are contiguous to the land of a tribal government, may submit a written application requesting that the tribal government authorize nontribal police officers employed by the applicant to exercise all or a portion of the powers of a tribal police officer while on tribal land. The application shall be addressed to the tribal government and shall propose terms and conditions under which the nontribal police officers employed by the applicant would be eligible to exercise all or a portion of the powers of a tribal police officer while on tribal lands. The application:(a)
Must name each proposed nontribal police officer employed by the applicant;(b)
Must describe how the nontribal police officers employed by the applicant will comply with requirements established by the tribal government that are substantially similar to the requirements necessary for a tribal police officer to act as an authorized tribal police officer under ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) to 181A.946 (Application for nontribal police officers to exercise tribal police powers on tribal lands);(c)
Must describe how the political entity that employs the nontribal police officers will comply with requirements established by the tribal government that are substantially similar to the requirements necessary for a tribal government to employ authorized tribal police officers under ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) to 181A.946 (Application for nontribal police officers to exercise tribal police powers on tribal lands);(d)
May propose that the tribal government authorize nontribal police officers employed by the applicant to enforce state or tribal law while on tribal lands;(e)
May propose that the tribal government adopt provisions of state criminal law into the tribal code; and(f)
Must indicate that the nontribal police officers employed by the applicant will complete, before exercising all or a portion of the powers of a tribal police officer while on tribal land, any training and educational prerequisites specified by the tribal government, including instruction in the tribal government’s history, culture, sovereign authority, tribal code and court procedures.(2)
When a citation for the commission of a tribal offense is issued by a nontribal police officer employed by an applicant and authorized by a tribal government to exercise all or a portion of the powers of a tribal police officer as to tribal members suspected of committing violations of tribal law while on tribal land, the citation must:(a)
Summon the person cited to appear in the tribal court of the tribal government on whose lands the offense was committed; and(b)
Be submitted to the prosecutor of the tribal government on whose lands the tribal offense was committed.(3)
Intentionally left blank —Ed.(a)
A tribal government may adopt a provision of tribal law providing that, for purposes of the Tort Claims Act of the tribal government, a nontribal police officer employed by an applicant and authorized by a tribal government to exercise all or a portion of the powers of a tribal police officer while on tribal land is not an officer, employee or agent of the tribal government.(b)
Unless the law of the tribal government provides otherwise, a tribal government is not liable for authorizing a nontribal police officer employed by an applicant to exercise all or a portion of the powers of a tribal police officer while on tribal land or for the acts or omissions of a nontribal police officer authorized under this section.(4)
Nothing in this section:(a)
Affects the authority of the tribal government to appoint any person as a tribal police officer for any purpose;(b)
Affects the existing status and sovereignty of the State of Oregon or the tribal government; or(c)
Authorizes the State of Oregon or any of its political subdivisions to receive funds from, or in lieu of, a tribal government.(5)
A tribal government that authorizes a nontribal police officer employed by an applicant to exercise all or a portion of the powers of a tribal police officer while on tribal land may require the applicant to reimburse the tribal government for any costs incurred in carrying out the provisions of this section.(6)
Intentionally left blank —Ed.(a)
A tribal government that employs, or seeks to employ, authorized tribal police officers under ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) to 181A.946 (Application for nontribal police officers to exercise tribal police powers on tribal lands), no later than 90 days after receiving an application under subsection (1) of this section, or within such additional time as the tribal government determines is appropriate, shall accept, accept with modifications or reject an application filed under this section.(b)
Before acting on an application, a tribal government that employs, or seeks to employ, authorized tribal police officers shall engage in good faith consultation with the applicant concerning the terms and conditions of the proposed authorization of nontribal police officers.(7)
Intentionally left blank —Ed.(a)
If the tribal government rejects the application, or accepts the application with modifications that are rejected by the applicant:(A)
The applicant and a tribal government that employs, or seeks to employ, authorized tribal police officers shall, from the date of rejection until June 1, 2012, collect individualized data on the frequency of instances known to the applicant or the tribal government in which nontribal police officers employed by the applicant encountered, but were forced to release without further action due to a lack of legal authority, persons suspected of committing violations of the law while on tribal lands;(B)
The applicant shall promptly report any such instance to the tribal government and the tribal government shall promptly report any such instance to the applicant;(C)
The applicant and tribal government shall classify the suspected offenses according to their potential to endanger public safety; and(D)
The tribal government and applicant shall engage in good faith consultation concerning the collection and classification of data; and(b)
No later than September 1, 2013, the tribal government shall report to the Legislative Assembly, in the manner provided in ORS 192.245 (Form of report to legislature), on the data collected under paragraph (a) of this subsection. The tribal government and the applicant shall engage in good faith consultation concerning the contents of the report. [Formerly 181A.692]
Source:
Section 181A.946 — Application for nontribal police officers to exercise tribal police powers on tribal lands; citation for tribal offense; liability for torts; report, https://www.oregonlegislature.gov/bills_laws/ors/ors181A.html.
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