Committee reviews amendments to Tribal Warrants Act to facilitate interstate enforcement and procedural clarity

The Law & Justice Committee on March 24 considered Engrossed Substitute House Bill 1829, a follow-up to last year’s Tribal Warrants Act that codifies working-group recommendations to make tribal warrants more enforceable and to clarify procedures for courts and places of detention.

Staff counsel summarized three TWA procedures and the changes proposed in ESHB 1829: (1) giving full faith and credit to warrants issued by tribes that meet Federal Tribal Law and Order Act standards ("certified tribes"); (2) specifying procedures for non-certified tribes when a person is detained outside tribal territory, including expedited judicial review and the ability for a tribe to demand extradition; and (3) authorizing state officers to effectuate arrests on non-certified tribal warrants with statutory civil and criminal immunities for officers acting in good faith.

The new bill would create a state crime of "tribal fugitive" for persons who flee after being charged or convicted by a tribe or who escape confinement or violate tribal supervision terms; define authenticated copies of prior waivers of extradition; extend habeas corpus relief for tribal-warrant detainees regardless of certification status; allow tribes to preregister warrants with state courts; permit places of detention to hold tribal fugitives for up to 72 hours on the basis of a certified-tribe warrant; and clarify the act applies only to adults. The bill also would extend liability protections to peace officers, corrections officers and detention facilities.

Representative Debra Lekanoff (Fortieth Legislative District) framed the measure as restoring tribal jurisdictional effectiveness and honoring long-standing tribal-state partnerships. Law-enforcement and prosecutorial groups told the committee they supported implementing last year’s TWA and called the bill necessary to make the earlier act workable. They also flagged two work-group recommendations not included in the draft: a training program for tribal and state partners and funding to support tribal public defenders and other implementation costs.

Prosecutors asked the committee to consider clarifying language that would require a detained person to be brought before a state judge within one judicial day even when arrested on a certified-tribe warrant (a question of how full faith and credit interacts with prompt judicial review). Witnesses also raised housing and transport costs when tribal fugitives are taken into state custody across long distances.

The committee concluded the public hearing and will consider amendments during follow-up work. For those signed in but not testifying, the clerk reported four pro and 59 con.