Section 1304 “recognize[s] and affirm[s]” that a participating Indian tribe’s powers of self-government” include the “inherent power” to exercise “special domestic violence criminal jurisdiction over all persons,” including non-Indians, so long as certain statutory requirements are met. SDVCJ recognizes concurrent jurisdiction along with the federal government, a state, or both, and does not change existing federal or state jurisdiction in Indian Country.
Exercising SDVCJ is entirely voluntary. While some tribes with jurisdiction over Indian Country may prosecute non-Indians under SDVCJ by meeting the specific statutory requirements under the law, it is up to each individual tribe to decide whether or not they would like to exercise this jurisdiction.
For more information about these requirements, please visit our SDVCJ Resource Center, which includes guidance documents, webinars, and materials to help you understand these requirements and turn them into a reality for your community.