Jails in Indian Country, 2021 and the Impact of Covid-19, Aug. 2022

Jails in Indian Country, 2021 and the Impact of Covid-19, Aug. 2022

• Topics: COVID-19

Download original document:
Brief thumbnail

Document text

This text is machine-read, and may contain errors. Check the original document to verify accuracy.

U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics

August 2022, NCJ 304631

Todd D. Minton, BJS Statistician

total of 2,180 inmates were held in
80 jails in Indian country at midyear
2021, an 8% increase from the 2,020
inmates held in 82 facilities at midyear 2020.
The increase follows a 30% decline in the inmate
population from midyear 2019 to midyear 2020
(figure 1; table 1). The midyear 2021 inmate
population was 25% lower than the midyear
2019 population, when 2,890 inmates were
confined in Indian country jails. This decline was
attributed mainly to responses to the COVID-19
pandemic.1
1For all estimates in 2019 for this report, see Jails in Indian

Country, 2019–2020 and the Impact of COVID-19 on the
Tribal Jail Population (NCJ 300801, BJS, October 2021).

Figure 1
Number of inmates held in Indian country jails,
midyears 2010–2021
Number of inmates
3,000
2,500
2,000
1,500
1,000
500
0

2010 ’11 ’12 ’13 ’14 ’15 ’16 ’17 ’18 ’19 ’20 ’21

Note: Counts are as of the last weekday in June. For 2013 to
2021, data were imputed for nonresponse and rounded to the
nearest 10. See Methodology.
Source: Bureau of Justice Statistics, Annual Survey of Jails in
Indian Country, 2010–2021.

HIGHLIGHTS

Admissions to Indian country jails in June 2021
were 8% higher than in June 2020 but 40% lower
than in June 2019.

From July to December 2020, about 10,680
COVID-19 tests were conducted on persons held
in Indian country jails, and about 6% of these
tests were positive.

Of the 31,020 persons admitted to Indian country
jails from July to December 2020, about 22%
(6,740) received expedited release in response to
the COVID-19 pandemic.

The jail occupancy rate increased from 48% to
52% from midyear 2020 to midyear 2021.

Jails in Indian country employed an estimated
1,580 persons at midyear 2021, down 8% from
midyear 2020 (1,710) and 16% from midyear
2019 (1,880).

Nearly 1 in 5 jail staff tested positive for COVID-19
from July to December 2020.

Since midyear 2020, jail operations staff
(correctional officers, guards, and other staff who
spent more than half of their time supervising
inmates) experienced the largest decline (down
13% or 160 jail operations staff ).

During the 2-year period from midyear 2019 to
midyear 2021, the number of jail operations staff
declined 18% (down 240).

Bul l etin

Jails in Indian Country, 2021, and the
Impact of COVID-19, July–December 2020

The pandemic’s impact on Indian country jails began in
March 2020, with a 1-month drop of 870 inmates from
the end of February to the end of March (figure 2). By
the last weekday in December 2020, the number of jail
inmates (1,760) had dropped by 1,180 since the end of
February 2020. The declines in the inmate population
since midyear 2019 resulted from both a reduction
in admissions to Indian country jails and expedited
releases.2
Findings in this report are based on the Annual Survey
of Jails in Indian Country (SJIC) from 2010 to 2021. The
2020 and 2021 surveys included additional questions
to measure the impact of the COVID-19 pandemic on
Indian country jails. See Methodology.
2All inmates released to limit inmate risk and exposure, or due

to coronavirus-related understaffing, court orders, or legislative
mandates.

Figure 2
Number of inmates held in Indian country jails on the last
weekday of each month from January to December 2020
and the last weekday of June 2021
Number of inmates
3,000
2,500
2,000
1,500
1,000
500
0 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec // June
2020
2021
Note: Data were imputed for nonresponse and rounded to the nearest 10.
See Methodology.
Source: Bureau of Justice Statistics, Annual Survey of Jails in Indian
Country, 2020–2021.

Table 1
Inmates held, rated capacity, and percent of rated capacity occupied in Indian country jails in June, 2010 and
2015–2021
Number of inmates
Midyeara
ADPb
Peakc
Rated capacityd
Percent of capacity occupiede
Midyeara
ADPb
Peakc
Number of operating facilities
Average number of inmates
per operating facilitya

2010

2015

2016

2017

2018

2019

2020

2021

2,119
2,009
2,904
2,951

2,510
2,390
3,230
3,800

2,540
2,480
3,400
4,090

2,820
2,700
3,580
4,200

2,870
2,790
3,580
4,290

2,890
2,820
3,630
4,310

2,020
1,940
2,610
4,230

2,180
2,100
2,630
4,220

71.8%
68.1
98.4
75

66.1%
62.9
85.0
76

62.1%
60.6
83.1
80

67.1%
64.3
85.2
84

66.9%
65.0
83.4
84

67.1%
65.4
84.2
83

47.8%
45.9
61.7
82

51.7%
49.8
62.3
80

Note: For comparisons over time, data on inmate population and rated capacity were imputed for 7 nonresponding facilities in 2015, 5 in 2016, 8 in 2017,
9 in 2018, 13 in 2019, 5 in 2020, and 3 in 2021, and rounded to the nearest 10. See Methodology.
aAs of the last weekday in June.
bAverage daily population (ADP) is the sum of the number of inmates held each day in June, divided by 30.
cThe number of inmates held on the day in June when the facility’s inmate population was largest. Data were imputed for 1 facility in 2016, 2018, and 2019;
2 in 2020; and 1 in 2021 that responded to the survey but did not report peak population.
dThe maximum number of beds or inmates assigned by a rating official to a facility, excluding separate temporary holding areas. Data were imputed for
1 facility in 2019 and 2 in 2020 that responded to the survey but did not report rated capacity.
eThe number of inmates in a facility divided by its rated capacity and multiplied by 100.
Source: Bureau of Justice Statistics, Annual Survey of Jails in Indian Country, 2010 and 2015–2021.

J A I L S I N I N D I A N CO U N T R Y , 2021 , A N D T H E I M PAC T O F CO V I D - 19 , J U LY – D E C E M B E R 2020 | AU G U S T 2022

2021 Annual Survey of Jails in Indian Country Special Addendum on
Coronavirus (COVID-19)
In response to the COVID-19 pandemic, the Bureau of Justice
Statistics (BJS) added a special addendum to the 2020 and
2021 Annual Survey of Jails in Indian Country to measure the
impact of this public health emergency on Indian country
jails. In designing the addendum, BJS solicited comments
and suggestions from a correctional health expert, tribal jail
administrators, and the Bureau of Indian Affairs regarding
data availability and reporting capabilities, question design
and order, and estimated burden.

COVID-19 tests conducted on inmates from July 1 to
December 31, 2020

inmates who tested positive for COVID-19 from July 1
to December 31, 2020

staff who tested positive for COVID-19 from July 1 to
December 31, 2020

total, confirmed, and suspected COVID-19 inmate deaths
and staff deaths from July 1 to December 31, 2020

Key items from the 2021 addendum asked about the
number of—

total inmate and staff COVID-19 deaths that were based
on a medical examiner or coroner evaluation (such
as an autopsy, a postmortem exam, or a review of
medical records).

inmates on the last weekday of each month from July 1
to December 31, 2020

inmates who received expedited release due to
COVID-19 from July 1 to December 31, 2020

For the full questionnaire, see https://bjs.ojp.gov/datacollection/survey-jails-indian-country-sjic#surveys-0.

Terms and definitions
COVID-19
Confirmed deaths—Deaths where COVID-19 was the
cause of death or a significant contributor of death as
determined by a positive test for coronavirus before or
after death.
COVID-19 test—A viral test for coronavirus disease. This is
not a serology or antibody test.
Expedited releases—All inmates released to limit
inmate risk and exposure, or due to coronavirus-related
understaffing, court orders, or legislative mandates.
Suspected deaths—Deaths where coronavirus was the
suspected cause of death or a significant contributor
to the death, based on the person having symptoms of
COVID-19 but no positive test for coronavirus.
General
Average daily population (ADP)—The sum of the
number of inmates held each day in June, divided by 30.
Average length of stay—The ADP divided by the number
of June admissions and multiplied by 30.
Indian country—The legal term used to describe
reservations and other lands set aside for Indian use, such
as Indian allotments, and lands held in trust for Indians or
Indian tribes (18 U.S.C. § 1151).
Jail operations staff—Correctional officers, guards,
and other staff who spend more than half of their time
supervising inmates.

Midyear population—The number of inmates held on
the last weekday in June.
Peak population—The number of inmates held on the
day in June when the facility’s inmate population was
the largest.
Percent of capacity occupied—The number of inmates
in a facility divided by its rated capacity and multiplied
by 100.
P.L. 280—Under P.L. 83–280 (18 U.S.C. § 1162), some
states have jurisdiction to prosecute certain crimes
committed by or against American Indians and Alaska
Natives. State law enforcement and courts may arrest,
investigate, prosecute, and punish offenders. With some
exceptions, the law affects Indian country in Alaska,
California, Minnesota, Nebraska, Oregon, and Wisconsin.
Pursuant to the Tribal Law and Order Act of 2010,
tribes are authorized to request that federal authorities
reassume concurrent federal jurisdiction.
Rated capacity—The maximum number of beds or
inmates assigned by a rating official to a facility, excluding
separate temporary holding areas.
Tribal Law and Order Act (TLOA)—Signed into law in
2010, the act enhanced tribes’ authority to prosecute and
sentence criminals. It expanded law enforcement resources
and tools, increasing staffing, training, and access to
databases of shared criminal information. It authorized
new guidelines for handling sexual assaults and domestic
violence, and it encouraged development of more
effective programs to prevent alcohol and drug abuse.

J A I L S I N I N D I A N CO U N T R Y , 2021 , A N D T H E I M PAC T O F CO V I D - 19 , J U LY – D E C E M B E R 2020 | AU G U S T 2022

The largest facilities experienced the greatest
increase in their midyear populations from 2020
to 2021
The number of inmates in Indian country jails rose
nearly 8% (up 160) from midyear 2020 to midyear 2021
(table 2). During this period, the inmate population in
facilities rated to hold 50 or more inmates saw the largest
increase (up 10% or 130 inmates), followed by facilities
rated to hold 25 to 49 inmates (up 5% or 30 inmates).
The inmate population in facilities rated to hold fewer
than 25 inmates remained relatively stable from midyear
2020 to midyear 2021.
Admissions to Indian country jails increased 8% from
June 2020 to June 2021
About 5,780 persons were admitted to Indian country
jails in June 2021, up 8% from the 5,330 admissions in
June 2020 (table 3). Admissions were 40% lower in June

2021 than in June 2019 (not shown in tables). While the
largest and smallest facilities (facilities rated to hold 9 or
fewer inmates) reported increased admissions, facilities
rated to hold 10 to 24 inmates reported 140 fewer
admissions in June 2021 than in June 2020. Jails rated to
hold 25 or more inmates accounted for most admissions
in June 2020 (88%) and June 2021 (92%). Facilities rated
to hold nine or fewer inmates accounted for less than 1%
of June admissions in 2020 and 2021.
The average length of stay (the time in custody from
admission to release) for inmates remained stable
(11 days) from June 2020 to June 2021. The average
length of stay was longer in larger facilities. In June 2021,
inmates in facilities rated to hold 49 or fewer inmates
spent an average of 6 days in jail from admission to
release, similar to June 2020. Inmates in facilities rated to
hold 50 or more inmates were held for 18 days on average
in June 2021.

Table 2
Number of inmates held in Indian country jails, by facility size, midyear 2020 to midyear 2021
Facility sizea
Total
9 or fewer
10–24
25–49
50 or more

Number of facilities
2020
2021
82
80
4
4
21
18
32
34
25
24

2020
2,020
5
120
580
1,320

Inmatesb

2021
2,180
4
120
610
1,450

Change in inmate population
Number
Percent
160
7.9%
-1
-20.0
0
0.0
30
5.2
130
9.8

Table 3
Average daily population, admissions, and average length of stay in Indian country jails, by facility size, June 2020–
June 2021
Facility sizea
Total
9 or fewer
10–24
25–49
50 or more

2020
1,940
2
120
550
1,270

ADPb

2021
2,100
1
110
590
1,400

June admissions
2020d
2021e
5,330
5,780
14
22
610
470
2,630
2,900
2,070
2,400

Average length of stayc
2020
2021
10.9 days
10.9 days
4.3
1.4
5.9
7.0
6.3
6.1
18.4
17.5

Note: Data were imputed for nonresponse. Data were rounded to the nearest 10, except for facilities with a rated capacity of nine or fewer beds or inmates.
aBased on the rated capacity, which is the maximum number of beds or inmates assigned by a rating official to a facility, excluding separate temporary
holding areas.
bAverage daily population (ADP) is the sum of the number of inmates held each day in June, divided by 30.
cThe ADP divided by the number of June admissions and multiplied by 30. See Methodology.
dData were imputed for 5 nonresponding facilities in 2020 (130 admissions combined).
eData were imputed for 3 nonresponding facilities in 2021 (552 admissions combined).
Source: Bureau of Justice Statistics, Annual Survey of Jails in Indian Country, 2020–2021.

J A I L S I N I N D I A N CO U N T R Y , 2021 , A N D T H E I M PAC T O F CO V I D - 19 , J U LY – D E C E M B E R 2020 | AU G U S T 2022

About half of jail beds in Indian country were
occupied at midyear 2021
While the inmate population increased about 8% from
midyear 2020 to midyear 2021, the rated capacity
remained relatively stable (table 4). As a result, the jail
occupancy rate increased from 48% at midyear 2020 to
52% at midyear 2021. At midyear 2021, about 36% of
beds in facilities rated to hold fewer than 25 inmates were
occupied, and more than half (53%) were occupied in
facilities rated to hold 25 or more inmates.
Six facilities were operating above their rated capacity
at midyear 2021 (table 5). This was an increase from 4
facilities at midyear 2020 and a decrease from 10 facilities
operating above their rated capacity at midyear 2019 (not
shown in tables).
Eleven facilities were operating above their rated capacity
on the most crowded day in June 2021, down from 13
facilities in June 2020. By comparison, 28 facilities were
operating above their rated capacity on the most crowded
day in June 2019 (not shown in tables).
More inmates were held for violent (up 6%) and
nonviolent (up 10%) offenses at midyear 2021 than
at midyear 2020
The number of inmates held for violent offenses
increased 6%, from 850 at midyear 2020 to 900 inmates
at midyear 2021 (table 6). During this period, the
number of inmates held for domestic violence increased
by 40 (from 340 to 380 inmates) and the number held for
other unspecified violent offenses increased by 30 (from
110 to 140 inmates). The number held for aggravated or
simple assault declined by 20 (from 360 to 340 inmates),
and the number held for rape or sexual assault did not
change.

At midyear 2021, inmates held for violent offenses
accounted for 41% of all inmates held in Indian
country jails, similar to 2020 (42%), but well above the
2010–2019 midyear average of about 30% of all inmates
held.3 The percentage of all inmates held for domestic
violence increased from 13% at midyear 2019 to 17% at
midyear 2020 and 18% at midyear 2021. The percentage
of all inmates who were held at midyear 2021 for
aggravated or simple assault (16%) represented a slight
decline from midyear 2020 (18%), although larger than
the percentage at midyear 2019 (10%).
3For midyears 2011 through 2014, see Jails in Indian Country, 2016

(NCJ 250981, BJS, December 2019). For midyears 2016 through 2018,
see Jails in Indian Country, 2017–2018 (NCJ 252155, BJS, October
2020).

Table 5
Number of Indian country jails, by population measures
and percent of rated capacity occupied, June 2021
Percent of rated capacity occupieda
24% or less
25%–49%
50%–74%
75%–100%
101% or more

Midyearb
25
23
15
11
6

ADPc
27
22
16
8
7

Peakd
16
23
16
14
11

aThe number of inmates in a facility divided by its rated capacity and

multiplied by 100. Rated capacity is the maximum number of beds or
inmates assigned by a rating official to a facility, excluding separate
temporary holding areas.
bAs of the last weekday in June.
cAverage daily population (ADP) is the sum of the number of inmates held
each day in June, divided by 30.
dThe number of inmates held on the day in June when the facility’s inmate
population was largest.
Source: Bureau of Justice Statistics, Annual Survey of Jails in Indian
Country, 2021.

Table 4
Capacity of Indian country jails, by facility size, midyear 2020 to midyear 2021
Facility sizea
Total
9 or fewer
10–24
25–49
50 or more

Rated capacityb
2020
2021
4,230
4,220
28
20
350
320
1,190
1,260
2,670
2,630

Percent of capacity occupied at midyearc
2020
2021
47.8%
51.7%
17.9
20.0
34.3
37.5
48.7
48.4
49.4
55.1

Percentage point changed
3.9
2.1
3.2
-0.3
5.7

Note: Data were imputed for nonresponse. Data were rounded to the nearest 10, except for facilities with a rated capacity of nine or fewer beds or inmates.
aBased on the rated capacity (see note b).
bThe maximum number of beds or inmates assigned by a rating official to a facility, excluding separate temporary holding areas.
cThe number of inmates in a facility on the last weekday in June, divided by its rated capacity and multiplied by 100.
dThe numerical difference between two percentages.
Source: Bureau of Justice Statistics, Annual Survey of Jails in Indian Country, 2020–2021.

J A I L S I N I N D I A N CO U N T R Y , 2021 , A N D T H E I M PAC T O F CO V I D - 19 , J U LY – D E C E M B E R 2020 | AU G U S T 2022

Table 6
Inmates held in Indian country jails, by demographic and criminal justice characteristics, midyears 2010, 2015, and
2019–2021
Characteristic
Totala
Sex
Male
Female
Age group
Juvenileb
Male
Female
Adult
Male
Female
18–24
25–34
35–44
45–54
55–64
65 or older
Conviction status
Convicted
Unconvicted
Most serious offense
Violent offense
Domestic violence
Aggravated/simple assault
Rape/sexual assault
Other violent
Nonviolent
Burglary
Larceny-theftc
Public intoxicationd
DWI/DUIe
Drug
Other unspecifiedf

2010
2,119

2015
2,510

Number
2019
2,890

2020
2,020

2021
2,180

2010
100%

2015
100%

Percent
2019
100%

2020
100%

2021
100%

1,640
480

1,870
640

2,190
710

1,540
480

1,600
580

77%
23

75%
25

76%
24

73%
27

250
160
90
1,870
1,480
390
...
...
...
...
...
...

210
140
70
2,300
1,730
570
...
...
...
...
...
...

160
100
60
2,740
2,090
650
...
...
...
...
...
...

140
90
50
1,880
1,450
430
:
:
:
:
:
:

140
90
50
2,040
1,510
530
400
850
520
190
70
10

12%
8
4
88
70
18
...
...
...
...
...
...

8%
6
3
92
69
23
...
...
...
...
...
...

6%
3
2
94
72
22
...
...
...
...
...
...

7%
4
2
93
72
21
:
:
:
:
:
:

6%
4
2
94
69
24
18
39
24
9
3
<1

1,240
880

1,380
1,130

1,490
1,400

1,070
950

1,030
1,150

59%
41

55%
45

52%
48

53%
47

47%
53

660
280
230
40
110
1,470
...
...
...
220
100
1,150

760
330
240
40
150
1,760
50
30
440
180
140
920

790
360
280
40
110
2,090
40
60
510
160
280
1,040

850
340
360
40
110
1,160
30
20
230
100
220
560

900
380
340
40
140
1,280
30
30
220
150
270
570

31%
13
11
2
5
69
...
...
...
10
4
54

30%
13
10
2
6
70
2
1
17
7
6
37

27%
13
10
1
4
73
1
2
18
6
10
36

42%
17
18
2
5
58
1
1
11
5
11
28

41%
18
16
2
6
59
1
1
10
7
12
26

Note: Data are as of the last weekday in June. Some counts were imputed for nonresponse or rounded to the nearest 10. Details may not sum to totals due
to rounding. Data may differ from previously published statistics in the Jails in Indian Country series due to imputation and rounding. See appendix table 4
for details on imputations.
...Not collected.
:Collected but not calculated in 2020.
aTotal midyear populations for 2015, 2019, 2020, and 2021 were imputed for nonresponse and rounded to the nearest 10.
bPersons age 17 or younger.
cExcludes motor vehicle theft.
dIncludes drunk and disorderly conduct.
eDriving while intoxicated or driving under the influence of alcohol or drugs.
fBJS began collecting data on burglary, larceny or theft, and public intoxication in 2013. As a result, other unspecified offenses in prior years are not
comparable to 2013 through 2021. Other unspecified may include motor vehicle theft and other property crimes, public order offenses, civil infractions,
and other unspecified offenses.
Source: Bureau of Justice Statistics, Annual Survey of Jails in Indian Country, 2010, 2015, and 2019–2021.

J A I L S I N I N D I A N CO U N T R Y , 2021 , A N D T H E I M PAC T O F CO V I D - 19 , J U LY – D E C E M B E R 2020 | AU G U S T 2022

The number of inmates held in Indian country jails for a
nonviolent offense increased 10% (or 120 inmates) from
midyear 2020 (1,160) to midyear 2021 (1,280). During
this period, the number of inmates held for larceny or
theft increased by 10 (from 20 to 30 inmates) and the
number held for DWI/DUI increased by 50 (from 100
to 150 inmates). The number held for drug offenses
increased by 50 (from 220 to 270 inmates), and the
number held for other unspecified nonviolent offenses
increased by 10 (from 560 to 570 inmates). The number
held for public intoxication declined by 10 (from 230
to 220 inmates), and the number held for burglary did
not change.
The percentage of all inmates who were held for a
nonviolent offense remained relatively stable from
midyear 2020 (58%) to midyear 2021 (59%) but was
below the midyear 2010–2019 average of about 70%.
From midyear 2020 to midyear 2021, slight increases
were observed in the share of inmates held for a drug
offense (from 11% to 12%) or DWI/DUI (from 5% to
7%) and slight decreases in the share held for public
intoxication (from 11% to 10%) or other unspecified
nonviolent offenses (from 28% to 26%). The percentage
of all inmates who were held for burglary (1%) or
for larceny or theft (1%) remained stable during the
same period.
The number of unconvicted inmates increased 21% from
midyear 2020 to midyear 2021, and the convicted inmate
population declined 4%. As a result, the percentage of all
inmates who were unconvicted increased from 47% at
midyear 2020 to 53% at midyear 2021.
The number of female inmates (up 100) increased more
than the number of male inmates (up 60) from midyear
2020 to midyear 2021. As a result, the percentage of

inmates held in Indian country jails who were female
increased to 27% at midyear 2021, accounting for the
largest share of female inmates since 2016 (also 27%).
Adult inmates accounted for 94% of all inmates held in
Indian country jails at midyear 2021. At midyear 2021,
most (81%) inmates were ages 18 to 44, followed by those
ages 45 to 64 (12%) and age 65 or older (less than 1%).
The number of persons age 17 or younger held in Indian
country jails remained stable from midyear 2020 to
midyear 2021 at 140, though this was 20 fewer than at
midyear 2019. The percentage of those held at midyear
who were age 17 or younger has remained between 6%
and 8% of all inmates since 2015.
Indian country jails reported one death during the
12 months ending June 30, 2021
One inmate died and 27 attempted suicide in Indian
country jails during the 12 months ending on June 30,
2021, based on reports from facilities holding about 95%
of the midyear inmate population (not shown in tables).4
Altogether, jails reported 21 deaths in custody from
midyear 2010 to midyear 2021.
About 6% of COVID-19 tests conducted on inmates
from July to December 2020 were positive
During the 6-month period from July 1 to December
31, 2020, about 31,020 persons were admitted to Indian
country jails (table 7). More than a third (34% as a
4Counts are based on death data from 77 of the 80 facilities operating
as of June 30, 2021 and suicide data from 76. Facilities that did not
respond to the survey or the question on inmate deaths were excluded.
Details on the one death were unavailable from the facility. No COVID19-related inmate deaths were reported.

Table 7
COVID-19 testing and positive cases among inmates in Indian country jails, by facility size, July 1–December 31, 2020
Facility sizea
Total
9 or fewer
10–24
25–49
50 or more

Admissionsb
31,020
68
2,030
17,260
11,660

Number of tests conductedc
10,680
27
230
2,310
8,120

COVID-19 tests conducted on inmates
Tests as a percent of admissions
Number of positive testsc
34.4%
600
39.9
0
11.3
10
13.4
190
69.6
400

Percent of positive tests
5.6%
0.0
4.3
8.2
4.9

Note: Data were imputed for nonresponse and rounded to the nearest 10, except for the facilities with a rated capacity of nine or fewer beds or inmates.
aBased on the rated capacity, which is the maximum number of beds or inmates assigned by a rating official to a facility, excluding separate temporary
holding areas.
bAdmissions from July 2020 to December 2020 were estimated based on admissions in June 2021 and on the confined population on the last weekday in
July 2020 to December 2020. See Methodology.
cInmates may be tested more than once and may account for multiple positive tests. See Methodology.
Source: Bureau of Justice Statistics, Annual Survey of Jails in Indian Country, 2021.

J A I L S I N I N D I A N CO U N T R Y , 2021 , A N D T H E I M PAC T O F CO V I D - 19 , J U LY – D E C E M B E R 2020 | AU G U S T 2022

percentage of admissions) were tested for COVID-19,
up from 10% tested from March 1 to June 30, 2020.5 (See
appendix table 1.)
From July 1 to December 31, 2020, about 10,680
COVID-19 tests were conducted on persons held in
Indian county jails. About 6% of the tests were positive.
In facilities rated to hold 50 or more inmates, 8,120 tests
were administered and 5% of the tests were positive.
About 8% of the 2,310 tests in facilities rated to hold 25
to 49 inmates were positive, compared to a test positivity
rate of 5% or less in facilities of other sizes.
From July to December 2020, about 1 in 5 inmates
received expedited release in response to the
COVID-19 pandemic
About 22% of the 31,020 persons admitted to Indian
country jails from July 1 to December 31, 2020 were
released on an expedited basis to limit inmate risk and
exposure to COVID-19 or due to coronavirus-related
understaffing, court orders, or legislative mandates
(table 8). This was double the 11% of 21,190 persons
admitted from March 1 to June 30, 2020 who received
expedited release.6 (See appendix table 2.)

Table 8
Admissions to and expedited releases from Indian county
jails, by facility size, July 1–December 31, 2020
Facility sizea
Total
9 or fewer
10–24
25–49
50 or more

Admissionsb
31,020
68
2,030
17,260
11,660

Expedited releasesc
As a percent
Number
of admissions
6,740
21.7%
41
60.6
1,650
81.3
4,850
28.1
200
1.7

Note: Data were imputed for nonresponse. Data were rounded to the
nearest 10, except for facilities with a rated capacity of nine or fewer beds
or inmates.
aBased on the rated capacity, which is the maximum number of beds
or inmates assigned by a rating official to a facility, excluding separate
temporary holding areas.
bEstimated based on admissions in June 2021 and on the confined
population on the last weekday of each month from July to December
2020. See Methodology.
cExpedited releases were granted to limit inmate risk and exposure or due
to coronavirus-related understaffing, court orders, or legislative mandates.
See Methodology.
Source: Bureau of Justice Statistics, Annual Survey of Jails in Indian
Country, 2021.

About 81% of persons admitted to jails rated to hold
10 to 24 inmates from July to December 2020 received
expedited release, compared to about 2% of persons
admitted to facilities rated for 50 or more inmates.
5Monthly admissions were used to estimate the number of jail inmates

who could have been tested for COVID-19 during the same period.

6The number of admissions from March to December 2020 was

used to estimate the number of jail inmates who could have received
expedited release.

J A I L S I N I N D I A N CO U N T R Y , 2021 , A N D T H E I M PAC T O F CO V I D - 19 , J U LY – D E C E M B E R 2020 | AU G U S T 2022

Most positive staff tests during this period occurred in
jails rated to hold 50 or more inmates (58%) or 25 to 49
inmates (34%), similar to the March–June 2020 period.
No staff deaths due to COVID-19 were reported from
July to December 2020.8

The number of staff in Indian country jails continued
to decline
Jails in Indian country employed an estimated
1,580 persons at midyear 2021, down nearly 8% from
the 1,710 at midyear 2020 and 16% from the 1,880 at
midyear 2019 (table 9). The number of jail operations
staff (correctional officers, guards, and other staff who
spent more than half of their time supervising inmates)
declined 13% (down 160) from midyear 2020 to midyear
2021, the largest decrease among staff measured. During
the 2-year period from midyear 2019 to midyear 2021,
the number of jail operations staff declined 18% (down
240). Jails held 2.0 inmates per jail operations staff at
midyear 2021, up from the ratio of 1.6 to 1 at midyear
2020, due to an increase in inmates and decline in jail
operations staff.

8Staff deaths were not estimated for jails that did not respond to the

survey or the question on COVID-19-related staff deaths.

Table 10
COVID-19 positive cases among staff in Indian country
jails, by facility size, July 1–December 31, 2020
Facilities

Staff at

Facility sizea at midyear midyearb

Total
9 or fewer
10–24
25–49
50 or more

Nearly 1 in 5 jail staff tested positive for COVID-19
from July to December 2020

80
4
18
34
24

1,582
10
189
561
822

Number of
positive testsc
295
1
22
100
172

Percent of
staff who
tested positive
18.6%
10.0
11.4
17.8
20.9

Note: Data were imputed for nonresponse and unrounded.
aBased on the rated capacity, which is the maximum number of beds
or inmates assigned by a rating official to a facility, excluding separate
temporary holding areas.
bIncludes correctional officers, guards, and other staff who spend more
than half of their time supervising inmates; and jail administrators,
assistants, and other personnel who work in an administrative capacity
more than half of the time.
cMultiple positive results for the same employee were counted only once.
The survey collected the number of staff who reported a positive test for
COVID-19 but did not capture the total number of staff who were tested
for COVID-19 due to potential difficulties in measuring employee testing
practices (i.e., tests conducted in jail or on employees’ personal time).
See Methodology.
Source: Bureau of Justice Statistics, Annual Survey of Jails in Indian
Country, 2021.

About 19% of the approximately 1,580 staff in Indian
country jails had a positive test for COVID-19 from
July to December 2020, based on the total staff count at
midyear 2021 (table 10).7 This was nearly four times the
positive rate from March to June 2020 (5% of the 1,710
staff at midyear 2020). (See appendix table 3.)
7The survey collected the number of staff who reported a positive

test for COVID-19 but did not capture the total number of staff who
were tested for COVID-19 due to potential difficulties in measuring
employee testing practices (i.e., tests conducted in jail or on
employees’ personal time).

Table 9
Persons employed in Indian country jails, by job function, midyears 2010, 2015, and 2019–2021
Job function
2010a
Total
1,469
Administrativec
157
Jail operationsd
1,010
Educational
27
Technical/professional
56
Clerical/maintenance/food service
186
Other unspecified
33
Number of inmates per jail
operations employee
2.1

2015b
1,690
150
1,200
30
70
210
40
2.1

Number
2019b
1,880
190
1,340
40
80
220
10
2.2

2020b
1,710
170
1,260
30
40
200
10

2021b
1,580
200
1,100
40
50
180
10

1.6

2.0

2010
100%
10.7
68.8
1.8
3.8
12.7
2.2

2015
100%
8.9
71.0
1.8
4.1
12.4
2.4

Percent
2019
100%
10.1
71.3
2.1
4.3
11.7
0.5

2020
100%
9.9
73.7
1.8
2.3
11.7
0.6

2021
100%
12.7
69.6
2.5
3.2
11.4
0.6

Note: Details may not sum to totals due to rounding.
~Not applicable.
aData were not rounded because the response rate was 100%.
bData were imputed for nonresponse and rounded to the nearest 10, except for job functions with five or fewer employees. See appendix table 5 for details
on imputations.
cIncludes jail administrators, assistants, and other personnel who work in an administrative capacity more than half of the time.
dIncludes correctional officers, guards, and other staff who spend more than half of their time supervising inmates.
Source: Bureau of Justice Statistics, Annual Survey of Jails in Indian Country, 2010, 2015, and 2019–2021.

J A I L S I N I N D I A N CO U N T R Y , 2021 , A N D T H E I M PAC T O F CO V I D - 19 , J U LY – D E C E M B E R 2020 | AU G U S T 2022

Methodology
The Annual Survey of Jails in Indian Country (SJIC)
includes all correctional facilities in Indian country that
are operated by tribal authorities or the U.S. Department
of the Interior’s Bureau of Indian Affairs. The Bureau of
Justice Statistics (BJS) has conducted the SJIC annually
since 1998, excluding 2005 and 2006. Through a
cooperative agreement with BJS, Westat has conducted
the SJIC since 2007, which is designed to cover all adult
and juvenile jail facilities and detention centers in Indian
country. The reference dates are the last weekday in June
for the annual SJIC, January to June 2020 for the 2020
SJIC COVID-19 Addendum, and July to December 2020
for the 2021 SJIC COVID-19 Addendum.
The survey collects data about the number of inmates
and the percentage of capacity occupied in Indian
country jails. Capacity occupied is based on the June
average daily population (ADP), midyear population,
and peak population in facilities in June. The ADP is
the sum of the number of inmates held each day in
June, divided by 30. The midyear count is the number of
inmates held on the last weekday in June, and the peak
population is the number of inmates held on the day in
June when the facility’s custody population was largest.
Percent of capacity occupied in 2021
Using a rated capacity of 4,220 inmates for all Indian
country jails, the percent of capacity occupied was
calculated based on—
ADP = 49.8% (2,100 ÷ 4,220)
Midyear population = 51.7% (2,180 ÷ 4,220)
Peak population = 62.3% (2,630 ÷ 4,220).
Estimates of capacity occupied were affected by
widespread jail releases in 2020 due to COVID-19. BJS
added a special addendum to the 2020 and 2021 SJIC
to gather data on these pandemic-related releases. (For
details, see 2020 Annual Survey of Jails in Indian Country
Special Addendum on Coronavirus (COVID-19).) BJS met
with the Office of Management and Budget in June 2020
to finalize the addendum questionnaire and received
approval on June 19, 2020.
Survey universe
BJS updates its roster of jails in Indian country each
year by faxing or emailing questionnaires to jail
administrators and making follow-up phone calls. As

part of the 2021 SJIC, BJS pilot-tested the web-based
data collection in nine facilities. All nine submitted their
survey. The survey universe and response rates have
changed over time. Some facilities closed or merged,
new facilities were constructed, and existing facilities
became operational and newly eligible for the survey
(table 11). One respondent in 2010 that included one
adult and one juvenile facility was treated as two facilities
in 2011. Two facilities in 2018 merged into one facility
in 2019. One facility in 2021 was reclassified from one
mixed adult and juvenile facility into two separate adult
and juvenile facilities. A total of 77 of 80 eligible facilities
responded to the 2021 survey.
For facilities that did not respond to the survey or
reported incomplete data, BJS used the most recent prior
year’s data to impute the midyear and peak populations,
ADP, and admissions. BJS imputed data on inmate
populations for 7 nonresponding facilities in 2015 (which
accounted for 15% of all inmates held at midyear), 5 in
2016 (9%), 8 in 2017 (14%), 9 in 2018 (15%), 13 in 2019
Table 11
Survey universe and response rates of Indian country
jails, 2010 and 2015–2021
2010
Original roster
of facilitiesc
Number of facilities 86
Nonoperational/
out-of-scoped
Pre-survey fielding 7
Post-survey
fielding
4
Added facilitiese
0
Active survey
universef
75
Number of
respondents
75
Number of
nonrespondents 0
Response rate
100%

2015 2016 2017 2018 2019a 2020 2021b
90

7
0

3
1

5
5

0
0

0
1

5
0

4
1

7
5
8
9 13
5
3
91% 94% 90% 89% 84% 94% 96%

Note: The survey was not conducted in 2005 and 2006. See the Jails in
Indian Country series on the BJS website for the survey universes in 1998 to
2009 and 2011 to 2014.
aTwo facilities merged into one facility, resulting in a final universe of
83 facilities.
bOne facility was reclassified from one mixed adult and juvenile facility
into two separate adult and juvenile facilities, resulting in a final universe
of 80 facilities.
cIncludes the number of facilities expected to be surveyed.
dIncludes the number of facilities determined to be closed or out of
the survey’s scope, either prior to the fielding of the survey or during
data collection.
eIncludes the number of facilities that were newly constructed, new to the
data collection, or reopened after being temporarily closed.
fIncludes the final number of facilities in the survey universe after
removing nonoperational and out-of-scope facilities.
Source: Bureau of Justice Statistics, Annual Survey of Jails in Indian
Country, 2010 and 2015–2021.

J A I L S I N I N D I A N CO U N T R Y , 2021 , A N D T H E I M PAC T O F CO V I D - 19 , J U LY – D E C E M B E R 2020 | AU G U S T 2022

(16%), 5 in 2020 (6%), and 3 in 2021 (5%). All operating
facilities responded to the 2010 survey.9
For this report, Indian country includes reservations,
pueblos, rancherias, and other appropriate areas
(18 U.S.C. § 1151). Indian country is a statutory term
that includes all lands within an Indian reservation,
dependent Indian communities, and Indian trust
allotments (18 U.S.C. § 1151). Courts interpret Section
1151 to include all lands held in trust for tribes or their
members. (See United States v. Roberts, 185 F.3d 1125
(10th Cir. 1999).)
Prior to July 29, 2010, tribal authority to imprison
American Indian or Alaska Native offenders had been
limited by statute (25 U.S.C. § 1302) to 1 year, a $5,000
fine, or both per offense. On July 29, 2010, the Tribal Law
and Order Act of 2010 was signed into law, expanding
the sentencing authority of tribal courts. As a result,
offenders may serve potentially longer sentences (up to
3 years per offense and up to 9 years per multioffense
case) in correctional facilities in Indian country
(P.L. 111–211, H.R. 725, 124 Stat. 2258).
Tribal law enforcement agencies respond to both felony
and misdemeanor crimes. For most of Indian country,
the federal government provides felony law enforcement
concerning crimes by or against American Indians and
Alaska Natives. Certain areas of Indian country are
under P.L. 83–280, as amended (commonly referred to
as P.L. 280). P.L. 280 conferred jurisdiction over Indian
country to certain states and suspended enforcement of
the General Crimes Act (18 U.S.C. § 1152) and Major
Crimes Act (18 U.S.C. § 1153) in these areas. Tribes
retain concurrent jurisdiction to enforce laws in Indian
country where P.L. 280 applies.
Average length of stay for 2021
The stock-to-flow ratio method was used to measure the
average length of stay for inmates held in June 2021.
Stock—ADP in June 2021= 2,100
Flow—inmate admissions in June 2021 = 5,780

COVID-19-related item estimation and imputation
Number of inmates held on the last weekday of each
month from July 1 to December 31, 2020 (figure 2)
The number of inmates held on the last weekday of July
and August 2020 were imputed for three nonresponding
facilities and for one facility that responded to the survey
but did not report inmate population. The number of
inmates held on the last weekday of each month from
September to December 2020 were imputed for three
nonresponding facilities and for two facilities that
responded to the survey but did not report the inmate
population. Nonresponse estimates were calculated by
multiplying the estimated confined population on the last
weekday in June 2021 by the known percentage change
in population between the comparison month and the
last weekday in June 2021 (calculated based on facility
size category).
Number of inmates held on the last weekday in July
2020 (example based on facilities rated to hold 10 to
24 inmates)
Number of inmates held on the last weekday in June 2021
for facilities reporting the number of inmates held on the
last weekday in July 2020 = 103
Reported number of inmates held on the last weekday in
July 2020 = 76
Known percentage change in population between the
reported last weekday in July 2020 and the reported last
weekday in June 2021 = 0.3553 ((103 – 76) ÷ 76)
Number of inmates held on the last weekday in June
2021 for a facility not reporting its population on the last
weekday in July 2020 = 13
Estimated number of inmates held on the last weekday in
July 2020 for a facility not reporting its population on the
last weekday in July 2020 = 9.6 (13 ÷ (0.3553 + 1))
Total estimated number of inmates held on the last
weekday in July 2020 = 86 (9.6 + 76).

Stock-to-flow ratio in June 2021 = 0.3633 (2,100 ÷ 5,780)
Average length of stay (average number of days held in
custody from admission to release) = 10.9 days (0.3633 ×
30 days).
9For more information on the SJIC universe and survey participation

from 2011 to 2014 and in earlier years, see the Jails in Indian Country
series on the BJS website.

J A I L S I N I N D I A N CO U N T R Y , 2021 , A N D T H E I M PAC T O F CO V I D - 19 , J U LY – D E C E M B E R 2020 | AU G U S T 2022

Admissions from July 1 to December 31, 2020 (tables 7
and 8)

COVID-19 tests conducted on inmates (example based
on facilities rated to hold 10 to 24 inmates)

The SJIC did not collect data on the number of jail
admissions from July 1 to December 31, 2020. Estimated
admissions during this period were calculated by
multiplying the number of estimated inmates held
on the last weekday of each month from July 1 to
December 31, 2020 by the ratio of estimated admissions
in June 2021 to the number of estimated inmates held on
the last weekday in June 2021.

Total number of admissions from July 1 to
December 31, 2020 = 2,028

Ratio and estimates for each facility
Number of inmates held on the last weekday of each
month from July 1 to December 31, 2020 for the example
facility = 15 in July, 34 in August, 22 in September, 21 in
October, 31 in November, and 37 in December

Reported number of COVID-19 tests conducted on
inmates from July 1 to December 31, 2020 = 227.0
Admissions in facilities reporting the number of
COVID-19 tests conducted on inmates = 2,018
Known ratio of COVID-19 tests conducted on inmates
to inmate admissions in facilities reporting the number
of COVID-19 tests conducted on inmates = 0.1125
(227.0 ÷ 2,018)
Admissions in the facility not reporting on the number
of COVID-19 tests conducted on inmates = 10

Number of inmates held on the last weekday in June 2021
for the example facility = 39

Estimated number of COVID-19 tests conducted on
inmates = 228.1 ((10 × 0.1125) + 227).

Number of admissions in June 2021 for the example
facility = 308

The number of positive COVID-19 cases among inmates
was imputed for three nonresponding facilities and for
two facilities that responded to the survey but did not
report positive cases. Nonresponse estimates for positive
cases among inmates were calculated by multiplying the
total number of COVID-19 tests conducted on inmates
from July 1 to December 31, 2020 by the known ratio of
positive COVID-19 cases among inmates to COVID-19
tests conducted on inmates. Because ratios varied
across facilities, the testing and positive case estimates
were calculated based on the total ratio for the facility
size category.

Ratio of estimated admissions in June 2021 to the
number of estimated inmates held on the last weekday in
June 2021 for the example facility = 7.9 to 1 (308 ÷ 39)
Estimated admission each month from July 1 to
December 31, 2020 for the example facility:
July = 118 (15 × 7.90)
August = 269 (34 × 7.90)
September = 174 (22 × 7.90)
October = 166 (21 × 7.90)
November =245 (31 × 7.90)
December = 292 (37 × 7.90)

Positive COVID-19 cases among inmates (example
based on facilities rated to hold 10 to 24 inmates)
Reported number of COVID-19 tests conducted on
inmates = 227.0

Total = 1,264.

Estimated number of COVID-19 tests conducted on
inmates = 228.1

COVID-19 testing and positive cases among inmates
from July 1 to December 31, 2020 (table 7)

Reported number of positive COVID-19 cases among
inmates from July 1 to December 31, 2020 = 14.0

The number of COVID-19 tests conducted on inmates
from July 1 to December 31, 2020 were imputed for
three nonresponding facilities and for six facilities that
responded to the survey but did not report inmate tests.
Nonresponse estimates for inmate tests were calculated
by multiplying the total number of admissions from July
1 to December 31, 2020 by the known ratio of COVID-19
tests conducted on inmates to inmate admissions.

Known ratio of positive COVID-19 cases among inmates
to COVID-19 tests conducted on inmates = 0.0617
(14 ÷ 227)
Estimated number of COVID-19 tests conducted on
inmates in the facility not reporting COVID-19 tests = 1.14
Estimated number of positive COVID-19 cases among
inmates = 14.07 ((1.14 × 0.0617) + 14).

J A I L S I N I N D I A N CO U N T R Y , 2021 , A N D T H E I M PAC T O F CO V I D - 19 , J U LY – D E C E M B E R 2020 | AU G U S T 2022

Expedited releases from Indian country jails from July 1
to December 31, 2020 (table 8)
The number of expedited releases of inmates from
July 1 to December 31, 2020 were imputed for three
nonresponding facilities and for four facilities that
responded to the survey but did not report expedited
releases. Nonresponse estimates for expedited releases
were based on the reported average expedited releases by
facility size category.

were calculated by multiplying the total number of staff
on the last weekday in June 2021 by the known ratio of
positive COVID-19 cases among staff to the total number
of staff on the last weekday in June. Because ratios varied
across facilities, the estimates were calculated based on
the total ratio for the facility size category.
Positive COVID-19 cases among staff (example based
on facilities rated to hold 10 to 24 inmates)

Expedited releases (example based on facilities rated to
hold 10 to 24 inmates)

Number of staff on the last weekday in June 2021 for
facilities that reported the number of positive COVID-19
cases among staff from July 1 to December 31, 2020 = 166

Reported number of expedited releases = 1,468

Number of staff in the nonresponding facility = 23

Total number of admissions from July 1 to December 31,
2020 = 1,996

Reported number of positive COVID-19 cases among
staff from July 1 to December 31, 2020 = 19

Average expedited releases for reported facilities = 91.75
(1,468 ÷ 16 facilities)
Number of nonresponding facilities = 2

Known ratio of positive COVID-19 cases among staff to
the total number of staff on the last weekday in June =
0.1145 (19 ÷ 166)

Estimated number of expedited releases = 1,652
((91.75 × 2) + 1,468).

Estimated number of positive COVID-19 cases among
staff in the nonresponding facility = 2.63 (23 × 0.1145)

Positive COVID-19 cases among staff from July 1 to
December 31, 2020 (table 10)
The number of positive COVID-19 cases among jail
staff from July 1 to December 31, 2020 were imputed for
three nonresponding facilities and for three facilities that
responded to the survey but did not report positive cases.
Nonresponse estimates for positive cases among staff

Total estimated number of positive COVID-19 cases
among staff = 22 (2.63 + 19).
For COVID-19-related item estimation and imputation
procedures for the first 6 months of 2020, see Jails in
Indian Country, 2019–2020 and the Impact of COVID-19
on the Tribal Jail Population (NCJ 300801, BJS,
October 2021) at https://bjs.ojp.gov/content/pub/pdf/
jic1920ictjp.pdf.

J A I L S I N I N D I A N CO U N T R Y , 2021 , A N D T H E I M PAC T O F CO V I D - 19 , J U LY – D E C E M B E R 2020 | AU G U S T 2022

A
Facility sizea
Total
9 or fewer
10–24
25–49
50 or more

Admissionsb
21,190
28
3,040
10,080
8,040

Number of tests conductedc
2,130
11
100
670
1,340

COVID-19 tests conducted on inmates
Tests as a percent of admissions
Number of positive testsc
10.1%
190
39.3
0
3.3
0
6.6
60
16.7
130

Percent of positive tests
8.9%
0.0
0.0
9.0
9.7

Note: Data were imputed for nonresponse and rounded to the nearest 10, except for the facilities with a rated capacity of nine or fewer beds or inmates.
aBased on the rated capacity, which is the maximum number of beds or inmates assigned by a rating official to a facility, excluding separate temporary
holding areas.
bAdmissions from March 2020 to June 2020 were estimated based on admissions in June 2020 and on the confined population on the last weekday in each
month March 2020 to June 2020. See Methodology in Jails in Indian Country, 2019–2020 and the Impact of COVID-19 on the Tribal Jail Population (NCJ 300801,
BJS, October 2021).
cInmates may be tested more than once and may account for multiple positive tests. See Methodology in Jails in Indian Country, 2019–2020 and the Impact of
COVID-19 on the Tribal Jail Population (NCJ 300801, BJS, October 2021).
Source: Bureau of Justice Statistics, Annual Survey of Jails in Indian Country, 2020.

Facility sizea
Total
9 or fewer
10–24
25–49
50 or more

Admissionsb
21,190
28
3,040
10,080
8,040

Expedited releasesc
As a percent
Number
of admissions
2,300
10.9%
6
21.4
210
6.9
1,470
14.6
610
7.6

Note: Data were imputed for nonresponse. Data were rounded to the
nearest 10, except for facilities with a rated capacity of nine or fewer beds
or inmates. Data were updated from the 2020 report based on a request
to facilities in 2021 to revise their expedited release counts from March to
June 2020.
aBased on the rated capacity, which is the maximum number of beds
or inmates assigned by a rating official to a facility, excluding separate
temporary holding areas.
bEstimated based on admissions in June 2020 and on the confined
population on the last weekday of each month from March to May 2020.
See Methodology in Jails in Indian Country, 2019–2020 and the Impact of
COVID-19 on the Tribal Jail Population (NCJ 300801, BJS, October 2021).
cExpedited releases were granted to limit inmate risk and exposure or due
to coronavirus-related understaffing, court orders, or legislative mandates.
See Methodology in Jails in Indian Country, 2019–2020 and the Impact of
COVID-19 on the Tribal Jail Population (NCJ 300801, BJS, October 2021).
Source: Bureau of Justice Statistics, Annual Survey of Jails in Indian
Country, 2020.

Facility sizea
Total
9 or fewer
10–24
25–49
50 or more

Facilities
at midyear
82
4
21
32
25

Staff at
midyearb
1,710
11
240
604
855

Percent of
Number of
staff who
c
positive tests tested positive
85
5.0%
0
0.0
6
2.5
31
5.1
48
5.6

Note: Data were imputed for nonresponse and unrounded.
aBased on the rated capacity, which is the maximum number of beds
or inmates assigned by a rating official to a facility, excluding separate
temporary holding areas.
bIncludes correctional officers, guards, and other staff who spend more
than half of their time supervising inmates, and jail administrators,
assistants, and other personnel who work in an administrative capacity
more than half of the time.
cMultiple positive tests for the same employee were counted only once.
The survey collected the number of staff who reported a positive test for
COVID-19 but did not capture the total number of staff who were tested
for COVID-19 due to potential difficulties in measuring employee testing
practices (i.e., tests conducted in jail or on employees’ personal time).
See Methodology in Jails in Indian Country, 2019–2020 and the Impact of
COVID-19 on the Tribal Jail Population (NCJ 300801, BJS, October 2021).
Source: Bureau of Justice Statistics, Annual Survey of Jails in Indian
Country, 2020.

J A I L S I N I N D I A N CO U N T R Y , 2021 , A N D T H E I M PAC T O F CO V I D - 19 , J U LY – D E C E M B E R 2020 | AU G U S T 2022

A
Characteristic and year Procedure
Sex/age group
2010
No imputed data.
2015
Imputation for 2 facilities was based on their 2014 data.
Imputation for 4 facilities was based on their 2013 data.
Imputation for 1 facility was based on its 2012 data.
2019
Imputation for 6 facilities was based on their 2018 data.
Imputation for 3 facilities was based on their 2017 data.
Imputation for 2 facilities was based on their 2013 data.
Imputation for 1 facility was based on its 2012 data.
Imputation for 1 facility was based on the ratio of the total number of its inmates at midyear 2019 to the reported number of
inmates by sex in 2019.
Imputation for 1 newly eligible facility was based on the average ratio of the total number of inmates by sex in two other facilities
under the same tribal authority, to the reported number of inmates at midyear 2019.
2020
Imputation for 3 facilities was based on their 2019 data.
Imputation for 1 facility was based on its 2017 data.
Imputation for 1 facility was based on its 2012 data.
2021
Imputation for 1 facility was based on its 2020 data.
Imputation for 1 facility was based on its 2017 data.
Imputation for 1 facility was based on its 2012 data.
Adult age breakout
2021
Imputation for 1 facility was based on the ratio of the total number of its inmates at midyear 2021 to the reported average 2021
adult age breakout for the facility size category.
Imputation for 3 facilities was based on the ratio of the total number of their inmates at midyear 2021 to the reported number of
inmates by adult age breakout in 2020.
Imputation for 3 facilities was based on their 2020 data.
Conviction status
2010
Imputation for 14 facilities was based on the ratio of the total number of their inmates at midyear 2010 to the reported number of
inmates by conviction status in 2010.
2015
Imputation for 2 facilities was based on their 2014 data.
Imputation for 4 facilities was based on their 2013 data.
Imputation for 1 facility was based on its 2012 data.
2019
Imputation for 7 facilities was based on their 2018 data.
Imputation for 3 facilities was based on their 2017 data.
Imputation for 2 facilities was based on their 2013 data.
Imputation for 1 facility was based on its 2012 data.
Imputation for 1 facility was based on the ratio of the total number of its inmates at midyear 2019 to the reported number of
inmates by conviction status in 2019.
Imputation for 1 newly eligible facility was based on the average ratio of the total number of inmates by convictions in two other
facilities under the same tribal authority, to the reported number of inmates at midyear 2019.
2020
Imputation for 3 facilities was based on their 2019 data.
Imputation for 1 facility was based on its 2017 data.
Imputation for 1 facility was based on its 2012 data.
Imputation for 1 facility was based on the ratio of the total number of its inmates at midyear 2020 to the reported number of
inmates by conviction status in 2020.
2021
Imputation for 1 facility was based on its 2020 data.
Imputation for 1 facility was based on its 2017 data.
Imputation for 1 facility was based on its 2012 data.
Most serious offense
2010
Imputation for 3 facilities was based on the ratio of the total number of their inmates at midyear 2010 to the reported number of
inmates by offense type in 2010.
2015
Imputation for 2 facilities was based on their 2014 data.
Imputation for 4 facilities was based on their 2013 data.
Imputation for 1 facility was based on its 2011 data.
Imputation for 1 facility was based on the ratio of the total number of its inmates at midyear 2015 to the reported number of
inmates by offense type in 2015.

Continued on next page
J A I L S I N I N D I A N CO U N T R Y , 2021 , A N D T H E I M PAC T O F CO V I D - 19 , J U LY – D E C E M B E R 2020 | AU G U S T 2022

appendix Table 4 (continued)
Imputation for inmate characteristics in table 6: Inmates held in Indian country jails, by demographic and criminal
justice characteristics, midyears 2010, 2015, and 2019–2021
Characteristic and year Procedure
2019
Imputation for 11 facilities was based on their 2018 data.
Imputation for 3 facilities was based on their 2017 data.
Imputation for 2 facilities was based on their 2013 data.
Imputation for 1 facility was based on its 2011 data.
Imputation for 7 facilities was based on the ratio of the total number of their inmates at midyear 2019 to the reported number of
inmates by offense type in 2019.
Imputation for 1 newly eligible facility was based on the average ratio of the total number of inmates by most serious offense in two
other facilities under the same tribal authority, to the reported number of inmates at midyear 2019.
2020
Imputation for 3 facilities was based on their 2019 data.
Imputation for 1 facility was based on its 2017 data.
Imputation for 1 facility was based on its 2011 data.
Imputation for 2 facilities was based on the ratio of the total number of their inmates at midyear 2020 to the reported number of
inmates by offense type in 2020.
Imputation for 2 facilities was based on the ratio of the total number of their inmates at midyear 2020 to the reported number of
inmates by offense type in 2019.
Imputation for 2 facilities was based on the ratio of the total number of their inmates at midyear 2020 to the reported number of
inmates by offense in 2018.
2021
Imputation for 1 facility was based on its 2020 data.
Imputation for 1 facility was based on its 2017 data.
Imputation for 1 facility was based on its 2012 data.
Imputation for 5 facilities was based on the ratio of the total number of their inmates at midyear 2021 to the reported number of
inmates by offense in 2021.
Note: Imputations were based on the latest data available.
Source: Bureau of Justice Statistics, Annual Survey of Jails in Indian Country, 2010, 2015, and 2019–2021.

appendix Table 5
Imputation for staff in table 9: Persons employed in Indian country jails, by job function, midyears 2010, 2015, and
2019–2021
Year
2010
2015
2019

2020

2021

Procedure
No imputed data.
Imputation for 2 facilities was based on their 2014 data.
Imputation for 5 facilities was based on their 2012 data.
Imputation for 1 facility was based on the ratio of the total number of its staff at midyear 2015 to the reported job function in 2014.
Imputation for 7 facilities was based on their 2018 data.
Imputation for 3 facilities was based on their 2017 data.
Imputation for 1 facility was based on its 2016 data.
Imputation for 3 facilities was based on their 2012 data.
Imputation for 2 facilities (one adult and one juvenile) was calculated by adjusting the reported 2019 staff to the 2016 adult-tojuvenile staffing ratio.
Imputation for 1 newly eligible facility was based on its 2020 data.
Imputation for 3 facilities was based on their 2019 data.
Imputation for 1 facility was based on its 2017 data.
Imputation for 1 facility was based on its 2012 data.
Imputation for 2 facilities (one adult and one juvenile) was calculated by adjusting the reported 2020 staff to the 2016 adult-tojuvenile staffing ratio.
Imputation for 1 facility was based on its 2020 data.
Imputation for 1 facility was based on its 2017 data.
Imputation for 1 facility was based on its 2012 data.

Source: Bureau of Justice Statistics, Annual Survey of Jails in Indian Country, 2010, 2015, and 2019–2021.

J A I L S I N I N D I A N CO U N T R Y , 2021 , A N D T H E I M PAC T O F CO V I D - 19 , J U LY – D E C E M B E R 2020 | AU G U S T 2022

The Bureau of Justice Statistics of the U.S. Department of Justice is the
principal federal agency responsible for measuring crime, criminal
victimization, criminal offenders, victims of crime, correlates of crime,
and the operation of criminal and civil justice systems at the federal, state,
tribal, and local levels. BJS collects, analyzes, and disseminates reliable
statistics on crime and justice systems in the United States, supports
improvements to state and local criminal justice information systems, and
participates with national and international organizations to develop and
recommend national standards for justice statistics. Alexis R. Piquero is
the director.
This report was written by Todd D. Minton. E. Ann Carson, Ph.D. and
Michael B. Field verified the report.
David Fialkoff edited the report. Carrie Epps-Carey produced the report.
August 2022, NCJ 304631

111111111111111 IIIIII II Ill Ill II Ill
NCJ 304631

Office of Justice Programs
Building Solutions • Supporting Communities • Advancing Justice
www.ojp.gov

Disciplinary Self-Help Litigation Manual - Side