SEX OFFENDER REGISTRATION CODE (2016)

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SEX OFFENDER REGISTRATION CODE

ARTICLE 1.

CHAPTER 1.

SEX OFFENDER REGISTRATION..............................................................1

GENERAL MATTERS .................................................................................... 1

Section 1-101.

Section 1-102.

Section 1-103.

Title. ........................................................................................................................................... 1

Purpose. ..................................................................................................................................... 1

Creation of Registries. .............................................................................................................. 1

CHAPTER 2.

CHAPTER 3.

CHAPTER 4.

DEFINITIONS .................................................................................................. 1

APPLICABILITY ............................................................................................. 4

REGISTERABLE SEX OFFENSES .............................................................. 5

Section 1-401.

Section 1-402.

Section 1-403.

Section 1-404.

Section 1-405.

Section 1-406.

Tribal Offenses. ......................................................................................................................... 5

Jurisdiction Offenses. ............................................................................................................... 5

Federal Offenses........................................................................................................................ 6

Certain Military Offenses. ....................................................................................................... 7

Foreign Offenses. ...................................................................................................................... 8

Consensual Sexual Act or Contact. ......................................................................................... 8

CHAPTER 5.

CLASSIFICATION OF SEX OFFENSES ..................................................... 8

Section 1-501.

Section 1-502.

Section 1-503.

Section 1-504.

General. ..................................................................................................................................... 8

Tier 1 Sex Offenses. .................................................................................................................. 9

Tier 2 Sex Offenses. ................................................................................................................ 10

Tier 3 Sex Offenses. ................................................................................................................ 11

CHAPTER 6.

REGISTRATION ........................................................................................... 12

Section 1-601.

Section 1-602.

Section 1-603.

Section 1-604.

Section 1-605.

Section 1-606.

Section 1-607.

Section 1-608.

Section 1-609.

General. ................................................................................................................................... 12

Initial Registration. ................................................................................................................. 13

Retroactive Registration......................................................................................................... 13

Keeping Registration Current. .............................................................................................. 13

Timelines for Registration and Updating/Confirming Information. ................................. 14

Failure to Appear for Registration; Absconding. ................................................................ 16

Registration Fee; Waiver. ...................................................................................................... 16

CRIT LES Duties. .................................................................................................................. 17

Termination of Registration Requirement. .......................................................................... 19

CHAPTER 7.

REQUIRED INFORMATION ...................................................................... 19

Section 1-701.

Section 1-702.

Section 1-703.

Section 1-704.

Section 1-705.

Section 1-706.

Section 1-707.

Section 1-708.

Section 1-709.

Section 1-710.

Section 1-711.

Section 1-712.

Section 1-713.

Section 1-714.

Section 1-715.

Section 1-716.

Section 1-717.

Section 1-718.

Section 1-719.

General Requirements. ........................................................................................................... 19

Sex Offender Acknowledgment Form. .................................................................................. 19

Criminal History. .................................................................................................................... 20

Date of Birth. ........................................................................................................................... 20

DNA Sample. ........................................................................................................................... 20

Driver’s Licenses, Identification Cards, Passports, and Immigration Documents. .......... 20

Employment Information....................................................................................................... 21

Finger and Palm Prints. ......................................................................................................... 21

Internet Identifiers.................................................................................................................. 21

Name. ...................................................................................................................................... 22

Phone Numbers. ...................................................................................................................... 22

Photograph. ............................................................................................................................. 22

Physical Description. .............................................................................................................. 23

Professional Licensing Information. ..................................................................................... 23

Residence Address. ................................................................................................................. 23

School Information. ................................................................................................................ 23

Social Security Number. ........................................................................................................ 23

Temporary Lodging Information, Domestic or Abroad..................................................... 24

Vehicle Information. ............................................................................................................... 24

CHAPTER 8.

PUBLIC SEX OFFENDER REGISTRY WEBSITE .................................. 25

Section 1-801.

Section 1-802.

Section 1-803.

Website Requirements and Capabilities. .............................................................................. 25

Information Required for and Prohibited from Online Publication. ................................. 25

CRIT LES’s Notification Requirements. .............................................................................. 26

CHAPTER 9.

TREATMENT OF JUVENILE RECORDS ............................................... 27

Section 1-901.

Access to Records. ................................................................................................................... 27

Section 1-902.

Non-Expungement of Records. .............................................................................................. 28

CHAPTER 10. IMMUNITY ................................................................................................... 28

Section 1-1001. No Waiver of Tribal Immunity.............................................................................................. 28

Section 1-1002. Good Faith Defense to Personal Liability. ............................................................................ 28

CHAPTER 11. VIOLATIONS ................................................................................................ 28

Section 1-1101.

Section 1-1102.

Section 1-1103.

Section 1-1104.

Section 1-1105.

Section 1-1106.

Failure to Register, Update, or Notify. .................................................................................. 28

Unlawful Residency. ............................................................................................................... 29

Hindrance of Sex Offender Registration. ............................................................................. 29

Civil Sanctions. ........................................................................................................................ 30

Exclusion from Reservation. .................................................................................................. 30

Unlawful presence. .................................................................................................................. 31

SEX OFFENDER REGISTRATION CODE

ARTICLE 1.

SEX OFFENDER REGISTRATION

[NOTE: Except as otherwise noted, the provisions of the Sex Offender Registration Code were

enacted on June 10, 2010, by Ordinance 10-02, effective on July 15, 2010, and amended in its

entirety on February 25, 2013, by Ordinance 13-02, effective on March 1, 2013.], and amended

on August 11, 2016, by Ordinance 04-16, with effective date of September 11, 2016.]

CHAPTER 1.

GENERAL MATTERS

Section 1-101.

Title.

This Code shall be known as the Colorado River Indian Tribes Sex Offender Registration Code

(“Code”).

Section 1-102.

Purpose.

The intent of this Code is to implement the Sex Offender Registration and Notification Act

(SORNA), Pub. L. No. 109-248, 120 Stat. 587 (2006), and shall be interpreted liberally to

comply with the terms and conditions of SORNA as presently written or hereafter amended.

Section 1-103.

Creation of Registries.

Sex Offender Registry. There is hereby established a sex offender registry, which the

Colorado River Indian Tribes Law Enforcement Services (“CRIT LES”) shall maintain and

operate pursuant to the provisions of this Code, as amended.

(a)

(b) Public Sex Offender Registry Website. There is hereby established a public sex offender

registry website, which the CRIT LES shall maintain and operate pursuant to the provisions of

this Code, as amended.

CHAPTER 2.

DEFINITIONS

The definitions below shall apply to this Code only and have the meaning described herein,

except where stated otherwise.

(a) Convicted.

(1)

A sex offender is “convicted” for the purposes of this Code if the sex offender

was prosecuted and found guilty for a sex offense, and was subjected to penal

consequences based on that conviction. A nolo contendere plea (or “no-contest”

plea) shall be considered a conviction under this Code.

(2)

A juvenile sex offender is “convicted” if s/he is a minor and has been either:

(i)

Prosecuted and found guilty as an adult for a sex offense; or

SEX OFFENDER REGISTRATION

(ii)

Is adjudicated delinquent as a juvenile for a sex offense, but only if the

offender is fourteen (14) years of age or older at the time of the offense

and the offense adjudicated was comparable to or more severe than

aggravated sexual abuse (as defined by either 18 U.S.C. § 2241(a) or §

2241(b)), or was an attempt or conspiracy to commit such an offense.

(b) Dru Sjodin National Sex Offender Public Website (NSOPW). The NSOPW is a public

website maintained by the Attorney General of the United States pursuant to 42 U.S.C. § 16920

and containing relevant information from those jurisdictions hosting sex offender registries,

including the federal government and CRIT.

individual who is self-employed or works for any other entity, regardless of compensation.

Volunteers of a tribal agency or organization are employees for purposes of this Code.

(d) Foreign Conviction. A “foreign conviction” is a conviction obtained outside of the United

States.

(e) Immediate, immediately. “Immediate” and “immediately” mean within three (3) business

days, unless specifically stated otherwise.

(f) Imprisonment. The term “imprisonment” refers to incarceration pursuant to a conviction,

regardless of the nature of the institution in which the sex offender serves the sentence. The term

is to be interpreted broadly to include, for example, confinement in a state prison; in a federal,

military, foreign, private or contract facility; or in a local or tribal jail or other similar holding

facility. Persons under “house arrest” following conviction of a covered sex offense are required

to register pursuant to the provisions of this Code during their period of “house arrest.”

(g) Jurisdiction. The term “jurisdiction” as used in this Code refers to the 50 states, the District

of Columbia, Commonwealth of Puerto Rico, Guam, American Samoa, Commonwealth of the

Northern Mariana Islands, the United States Virgin Islands, and any Indian tribe.

(h) Minor. The term “minor” means an individual who has not attained the age of eighteen (18)

years, except where specifically indicated otherwise.

(i) National Sex Offender Registry (NSOR). The NSOR is a national database maintained by the

Attorney General of the United States pursuant to 42 U.S.C. § 16919 and containing sex offender

information.

(j) Public Sex Offender Registry Website (PSORW). The “Public Sex Offender Registry

Website” or “Website” means CRIT’s public website of registered sex offenders, which the

CRIT LES shall maintain and operate pursuant to this Code.

(k) Registration Year. The “registration year” shall refer to the twelve-month period beginning

January 1 of each calendar year and ending December 31 of that year.

SEX OFFENDER REGISTRATION CODE

(l) Reservation. The term “Reservation” shall mean the lands and real property within the

exterior boundaries of the Colorado River Indian Reservation.

(m) Reside(s). The term “reside” or “resides” describes the location where an individual person

habitually lives or sleeps or where that person’s home is located. An individual who seasonally

or frequently visits a vacation or otherwise secondary home, mobile home, or cabin shall be

considered as residing in the location of that home, mobile home, or cabin for the purposes of

this Code, regardless of the actual length of each individual visit or the ownership of the home

visited.

(n) Sex Offense. The term “sex offense” includes those offenses described in 42 U.S.C. §

16911(5), as amended, those enumerated in Chapter 4 herein, and any other registerable sex

offense under tribal law, or any criminal offense consisting of acts comparable to any of the

offenses listed herein. A sex offense shall also include the attempt, conspiracy, and solicitation to

commit a sex offense provided for in this Code.

(o) Sex Offender. The term “sex offender” refers to an adult or juvenile who has been convicted

of any sex offense described by this Code.

(p) Sexual Act. A “sexual act” shall mean any of the following:

(1)

contact between the penis and the vulva or the penis and the anus, and, for

purposes of this definition, contact involving the penis occurs upon penetration,

however slight;

(2)

contact between the mouth and the penis, the mouth and the vulva, or the mouth

and the anus;

(3)

the penetration, however slight, of the anal or genital opening of another person

by a hand or finger or by any object, with an intent to abuse, humiliate, harass,

degrade, or arouse or gratify the sexual desire(s) of any person; or

(4)

the intentional touching, not through the clothing, of the genitalia of another

person under the age of eighteen (18), with an intent to abuse, humiliate, harass,

degrade, or arouse or gratify the sexual desire(s) of any person.

(q) Sexual Contact. “Sexual Contact” means the intentional touching, either directly or through

the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with the

intent to abuse, humiliate, harass, degrade, or arouse, or gratify the sexual desire(s) of another

person.

(r) Student. A “student” is a person, intern, extern, or apprentice who enrolls in or attends either

a private or public education institution, including a secondary school, a trade or professional

school, or an institution of higher learning.

(s) SORNA. “SORNA” is the Sex Offender Registration and Notification Act, Pub. L. No. 109248, 120 Stat. 587 (2006), codified as 42 U.S.C. § 16911 et seq., as amended.

SEX OFFENDER REGISTRATION

(t) SORNA Officer. A “SORNA Officer” is an officer or employee of CRIT LES who is

delegated the task of enforcing this Code, including but not limited to maintaining CRIT’s Sex

Offender Registry and monitoring compliance by sex offenders.

(u) Sex Offender Registry. The “sex offender registry” means CRIT’s registry of registered sex

offenders, which includes a system of notification for law enforcement and the community, and

that is maintained by CRIT LES.

(v) Visitor. A “visitor” is any person who does not reside within the exterior boundaries of the

Reservation nor on property owned by the Tribes in fee or trust, but who visits any property

either within the Reservation’s exterior boundaries or owned by the Tribes in fee or trust for

more than five (5) consecutive calendar days, whether s/he intended to visit for that length of

time or not.

CHAPTER 3.

APPLICABILITY

This Code shall apply to and be enforced against the following persons, whether adult or

juvenile, if those persons are convicted sex offenders as defined by this Code:

(a)

a person who resides on the Reservation, as that term is defined herein, or who

otherwise resides on property owned by the Tribe in fee or trust regardless of

location;

(b)

a person employed either within the exterior boundaries of the Reservation or on

property owned by the Tribe in fee or trust regardless of location;

(c)

a person who attends school either within the exterior boundaries of the

Reservation or on property owned by the Tribe in fee or trust regardless of

location;

(d)

a visitor, adult or juvenile, who either intends to visit the Reservation or property

owned by the Tribe in fee or trust, regardless of location for more than five (5)

consecutive calendar days, or does in fact visit such an area for five (5) or more

consecutive calendar days despite his/her initial intentions to do so otherwise;

(e)

a person convicted of a sex offense by the Colorado River Indian Tribal Courts,

regardless of actual or intended residency, employment, or student attendance

status; or

(f)

a person incarcerated by the Tribes in one of its correctional or imprisonment

facilities while completing a sentence for a covered sex offense, regardless of

where the conviction was obtained, including from a qualifying foreign

jurisdiction, or the offender’s actual or intended residency, employment, or

student attendance status.

SEX OFFENDER REGISTRATION CODE

CHAPTER 4.

REGISTERABLE SEX OFFENSES

An individual who resides or visits, or works or attends school on property within the exterior

boundaries of the Reservation or other tribally-owned property, or otherwise is subject to the

registration requirements of this Code, as described in Chapter 3, and who has been convicted of

any of the offenses listed in this Chapter, or convicted of the conspiracy, solicitation, or attempt

to commit of any of those offenses, is subject to the requirements of this Code.

Section 1-401.

Tribal Offenses.

(a) CRIT Law & Order § 320 (rape, deviate sexual contact, sexual assault);

(b) CRIT Law & Order § 349 (incest);

(d) CRIT Law & Order § 351(b) (solicitation for prostitution);

(e) CRIT Law & Order § 351(c) (patronizing prostitution);

(f) CRIT Law & Order § 313 (criminal attempt) if the offense attempted was one of the tribal

offenses listed in § 1-401(a)–(e);

(g) CRIT Law & Order § 314 (conspiracy) if the intended offense of the conspiracy was one of

the tribal offenses listed in § 1-401(a)–(e); or

(h) CRIT Law & Order § 315 (solicitation) if the offense solicited was one of the tribal offenses

listed in § 1-401(a)–(c) and (e).

Section 1-402.

Jurisdiction Offenses.

(a) Any conduct that is, by its nature, a sex offense against a minor, including sexual acts and

sexual contact.

(b) Criminal sexual conduct that involves physical contact with a minor or the use of the internet

or other form of telephonic or electronic/digital media to facilitate or attempt such conduct. This

category of offenses includes offenses with elements involving the use of other persons in

prostitution, such as pandering, procuring, or pimping in cases where the victim was a minor at

the time of the offense.

pornography” are defined in accordance with 18 U.S.C. § 2256 and are to be broadly interpreted so

as to include any comparable act or conduct.

(d) Use or involvement of a minor in conduct that involves sexual contact, sexual act, or other

sexual offense.

SEX OFFENDER REGISTRATION

(e) Solicitation of a person, including a minor, to practice or engage in prostitution.

(f) Solicitation to engage a person, including a minor, in sexual conduct, which is to be

understood broadly to include any direction, request, enticement, persuasion, or encouragement

of a person to engage in sexual conduct.

(g) Any type or degree of genital, oral, or anal penetration.

(h) Any sexual touching of or sexual contact with a person’s body, either directly or through the

clothing.

(i) Any offense comparable to or more severe than any of the following federal offenses:

(1)

18 U.S.C. § 1591 (sex trafficking of children or by force, fraud, or coercion);

(2)

18 U.S.C. § 1801 (video voyeurism);

(3)

18 U.S.C. § 2241 (aggravated sexual abuse);

(4)

18 U.S.C. § 2242 (sexual abuse);

(5)

18 U.S.C. § 2244 (abusive sexual contact);

(6)

18 U.S.C. § 2422(b) (coercion or enticement of a minor to engage in prostitution

or criminal sexual activity); or

(7)

18 U.S.C. § 2423(a) (transportation of a minor with intent to engage in criminal

sexual activity).

Section 1-403.

Federal Offenses.

(a) 18 U.S.C. § 1591 (sex trafficking of children or by force, fraud, or coercion);

(b) 18 U.S.C. § 1801 (video voyeurism);

(d) 18 U.S.C. § 2242 (sexual abuse);

(e) 18 U.S.C. § 2243 (sexual abuse of a minor or ward);

(f) 18 U.S.C. § 2244 (abusive sexual contact);

(g) 18 U.S.C. § 2245 (offenses resulting in death);

(h) 18 U.S.C. § 2251 (sexual exploitation of children);

SEX OFFENDER REGISTRATION CODE

(i) 18 U.S.C. § 2251A (selling or buying of children);

(j) 18 U.S.C. § 2252 (certain activities relating to material involving the sexual exploitation of

minors);

(k) 18 U.S.C. § 2252A (certain activities relating to material constituting or containing child

pornography);

(l) 18 U.S.C. § 2252B (misleading domain names on the internet);

(m) 18 U.S.C. § 2252C (misleading words or digital images on the internet);

(n) 18 U.S.C. § 2260 (production of sexually explicit depictions of a minor for importation into

the U.S.);

(o) 18 U.S.C. § 2421 (transportation for prostitution or criminal sexual activity);

(p) 18 U.S.C. § 2422 (coercion and enticement for prostitution or criminal sexual activity);

(q) 18 U.S.C. § 2423 (transportation of a minor with the intent to engage in criminal sexual

activity; travel with the intent to engage in illicit sexual conduct; engaging in illicit sexual

conduct in foreign places);

(r) 18 U.S.C. § 2424 (failure to file a factual statement about an alien individual);

(s) 18 U.S.C. § 2425 (using interstate facilities to transmit information about a minor to engage in

or further criminal sexual activity); or

(t) Any offense hereafter defined by 42 U.S.C. § 16911(5) to be a “sex offense.”

Section 1-404.

Certain Military Offenses.

(a) 18 U.S.C. § 920 – Art. 120 (rape and sexual assault generally);

(b) 18 U.S.C. § 920a. – Art. 120a (stalking);

(d) 18 U.S.C. § 920c – Art. 120c (indecent viewing, recording, or broadcasting; forcible

pandering; indecent exposure);

(e) 18 U.S.C. § 924 – Art. 124 (maiming) but only if the offense involves a sexual organ or

body part; or

(f) 18 U.S.C. § 925 – Art. 125 (sodomy); or

SEX OFFENDER REGISTRATION

(g) Any other military offense specified by the Secretary of Defense under § 115(a)(8)(C)(i) of

Public Law 105-119 (codified at 10 U.S.C. § 951 note).

Section 1-405.

Foreign Offenses.

A person who has obtained a foreign conviction for a sex offense, or for the attempt of

conspiracy of such an offense, and who is subject to the registration requirements of this Code,

as described in Chapter 3, must register in accordance with this Code but only if the foreign

conviction was obtained either:

(a)

under the laws of Canada, the United Kingdom, Australia, or New Zealand; or

(b)

under the laws of a foreign country that, during the year of conviction, enforced

the right to a fair trial generally or vigorously via an independent judiciary, as

concluded by the United States State Department in its Country Reports on

Human Rights Practices.

Section 1-406.

Consensual Sexual Act or Contact.

(a) Consensual sexual act or contact shall not be considered a sex offense under this Code if, at

the time of the offense, either:

(1)

the victim was both an adult and not under the custodial authority of the offender;

(2)

the victim was at least thirteen (13) years old and the offender was no older than

seventeen (17) years, except as provided in § 1-406(b).

(b) A sexual act or sexual contact is deemed to not be consensual where, at the time of the

offense, the offender was fourteen (14) years old or older and the sexual act or contact was

comparable to or more severe than the federal offenses of aggravated sexual abuse (18 U.S.C. §

2241(a)–(b)).

CHAPTER 5.

CLASSIFICATION OF SEX OFFENSES

Section 1-501.

General.

(a) Sex offenses shall be classified as a Tier 1, Tier 2, or Tier 3 sex offense for purposes of

determining how long a sex offender subject to this Code’s registration requirements must

comply with this Code.

(b) Where the potential length of imprisonment determines a sex offender’s tier rating, each sex

offense’s potential length of imprisonment is determinative, not the aggregate length of

imprisonment for multiple offenses.

SEX OFFENDER REGISTRATION CODE

Section 1-502.

Tier 1 Sex Offenses.

A Tier 1 sex offense shall include the sex offenses listed in this section.

(a) First Tier 1 Offense. Any sex offense for which a sex offender has been convicted that is

neither a Tier 2 nor Tier 3 sex offense, and that also constitutes the sex offender’s first conviction

for any sex offense.

(b) Offenses Involving Minors. Any sex offense involving the false imprisonment of a minor,

video voyeurism of a minor, or possession or receipt of child pornography, regardless of the

place of conviction, including convictions of qualifying foreign countries pursuant to § 1-405 of

this Code.

(1)

18 U.S.C. § 1801 (video voyeurism);

(2)

18 U.S.C. § 2252 (certain activities relating to material involving the sexual

exploitation of minors) but only where the activities are similar to receiving or

possessing such material;

(3)

18 U.S.C. § 2252A (certain activities relating to material constituting or

containing child pornography) but only where the activities are similar to

receiving or possessing such material;

(4)

18 U.S.C. § 2252B (misleading domain names on the internet);

(5)

18 U.S.C. § 2252C (misleading words or digital images on the internet);

(6)

18 U.S.C. § 2422(a) (coercion to engage in prostitution);

(7)

18 U.S.C. § 2423(b) (travel with intent to engage in illicit sexual conduct);

(8)

18 U.S.C. § 2423(c) (engaging in illicit sexual conduct in foreign places);

(9)

18 U.S.C. § 2423(d) (arranging, inducing, procuring, or facilitating the travel

of an adult in interstate or foreign commerce knowing that such adult is traveling

for the purpose of engaging in illicit sexual conduct);

(10)

18 U.S.C. § 2424 (failure to file factual statement about an alien individual); or

(11)

18 U.S.C. § 2425 (using interstate facilities to transmit information about a minor

to engage in or further criminal sexual activity).

(d) Certain Military Offenses. Any military offense specified by the Secretary of Defense

under § 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) that is similar

to those offenses outlined in § 1-502(a)–(c).

SEX OFFENDER REGISTRATION

[As amended on August 11, 2016, by Ordinance 04-16.]

Section 1-503.

Tier 2 Sex Offenses.

A Tier 2 sex offense shall include the sex offenses listed in this section.

(a) Repeat Offenses.

(1)

Any sex offense that is not the first sex offense for which the sex offender has

been convicted that is punishable by more than one (1) year in jail and is not

otherwise a Tier 3 sex offense.

(2)

Tribal Offenses. Any tribal sex offense pursuant to this Code that is not the first

tribal sex offense for which the sex offender has been convicted that is punishable

by a maximum of one (1) year in jail and is not otherwise a Tier 3 sex offense.

(b) Offenses Involving Minors. Any sex offense committed against a minor and that involves:

(1)

The use of minors in prostitution, including solicitations;

(2)

Enticing a minor to engage in criminal sexual activity;

(3)

A non-forcible sexual act with a minor who is sixteen (16) or seventeen (17) years

old;

(4)

Sexual contact with a minor who is thirteen (13) years of age or older, whether

directly or indirectly through the clothing, that involves intimate parts of the

body;

(5)

The use of a minor in a sexual performance; or

(6)

The production or distribution of child pornography.

(1)

18 U.S.C. § 1591 (sex trafficking of children by force, fraud, or coercion);

(2)

18 U.S.C. § 2244 (abusive sexual contact);

(3)

18 U.S.C. § 2251 (sexual exploitation of children);

(4)

18 U.S.C. § 2251A (selling or buying of children);

SEX OFFENDER REGISTRATION CODE

(5)

18 U.S.C. § 2252 (certain activities relating to material involving the sexual

exploitation of minors) but only where the activities are similar to distributing or

producing such material;

(6)

18 U.S.C. § 2252A (certain activities relating to material constituting or

containing child pornography) but only where the activities are similar to

distributing or producing such material;

(7)

18 U.S.C. § 2260 (production of sexually explicit depictions of a minor for

importation into the United States);

(8)

18 U.S.C. § 2421 (transportation of a minor for illegal sexual activity);

(9)

18 U.S.C. § 2422(b) (coercing a minor to engage in prostitution);

(10)

18 U.S.C. § 2423(a) (transporting a minor to engage in illicit conduct); or

(11)

18 U.S.C.§ 2423(d) (arranging, inducing procuring or facilitating the travel

in interstate commerce of a minor for the purpose of engaging the minor in illicit

conduct for financial gain).

(d) Certain Military Offenses. Any military offense specified by the Secretary of Defense under

§ 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) that is similar to

those offenses outlined in § 1-503(a)–(c).

Section 1-504.

Tier 3 Sex Offenses.

A Tier 3 sex offense shall include the sex offenses listed in this section.

(a) Any sex offense that is punishable by more than one (1) year in jail and where the sex

offender has either:

(1)

at least one (1) prior conviction for a Tier 2 sex offense; or

(2)

at least two (2) prior convictions for a Tier 1 sex offense such that s/he has

obtained the status of a Tier 2 sex offender.

(b) General Offenses. Any sex offense for which a person has been convicted that involves:

(1)

non-parental kidnapping of a minor;

(2)

a sexual act with another by force or threat;

(3)

a sexual act with another who has been rendered unconscious or involuntarily

drugged, or who is otherwise incapable of either appraising the nature of the

conduct or declining to participate in such conduct; or

SEX OFFENDER REGISTRATION

(4)

sexual contact with a minor who is twelve (12) years of age or younger, including

offenses that involve sexual touching of or contact with the intimate parts of the

body, either directly or through the clothing.

(1)

18 U.S.C. §2241 (aggravated sexual abuse);

(2)

18 U.S.C. §2242 (sexual abuse);

(3)

18 U.S.C. §2243 (sexual abuse of a minor or ward) where the victim is twelve

(12) years of age or younger; or

(4)

18 U.S.C. §2244 (abusive sexual contact).

(d) Certain Military Offenses. Any military offense specified by the Secretary of Defense

under § 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) that is similar

to those offenses outlined in § 1-504(a)–(c).

CHAPTER 6.

REGISTRATION

Section 1-601.

General.

(a) Duty to Register. A person who is or has been convicted of a sex offense and who is subject

to the registration requirement of this Code, as described in Chapters 3 and 4, shall register with

CRIT LES in accordance with the procedures of this Chapter.

(b) Personal Appearances.

(1)

In all instances, including initial registration and routine updates, the sex offender

must appear in person at the CRIT Police Department, 26600 Mohave Road,

Parker, Arizona 85344, except as provided herein or unless specifically and

expressly indicated otherwise.

(2)

If the sex offender is incarcerated by CRIT, the sex offender shall register/update

in person at a designated time while remaining at the CRIT Detention Center.

(3)

If any of the information listed (i)–(iv) herein changes between routine updates, or

after changes to the sex offender’s residency, employment, or student attendance

status have been reported to CRIT LES, a resident sex offender need not appear in

person to notify and inform CRIT LES of the changes. This exception to personal

appearances shall apply only to those changes identified in (i)–(iv) herein. In

these limited cases, the sex offender may update the permissible information by

either phone or email.

(i)

temporary lodging information;

SEX OFFENDER REGISTRATION CODE

Section 1-602.

(ii)

vehicle information;

(iii)

internet identifiers; or

(iv)

telephone/mobile numbers.

Initial Registration.

A person who is not yet registered with CRIT LES but who is subject to the registration

requirements of this Code, as described in Chapter 3, must register in accordance with this Code

in the time periods specified in § 1-605 of this Code. The first time a sex offender registers with

CRIT LES shall be considered the “initial registration,” regardless of whether the sex offender is

already registered in another jurisdiction.

Section 1-603. Retroactive Registration.

(a) A person subject to the registration requirements of this Code, as described in Chapter 3,

must register in accordance with this Code if, prior to the effective date of this Code, s/he was

convicted for any registerable offense described in Chapter 4. This section applies to, but is not

limited to, sex offenders who are already registered in another jurisdiction or who are subject to a

preexisting sex offender registration requirement, and to those sex offenders reentering the

justice system to serve a conviction for any crime.

(b) CRIT LES shall ensure that the sex offenders described in § 1-603(a) register in the time

specified in § 1-605 of this Code or within ninety (90) calendar days from this Code’s effective

date, whichever is appropriate under the circumstances.

Section 1-604.

Keeping Registration Current.

(a) Residency. Any sex offender required to register in this jurisdiction due to his/her residency

is also required to update/confirm his/her registration with any changes to his/her residency,

including termination of residency, in accordance with this Chapter.

(b) School Attendance. Any sex offender who is a student in any capacity and who is required to

update/confirm information related to his/her schooling, including its termination in accordance

with this Chapter.

employment status is also required to update/confirm his/her employment information, including

a termination of employment, in accordance with this Chapter.

(d) Visitor. Any sex offender who is deemed a visitor, as defined by this Code, and is required to

registration information if either his/her visit is prolonged or his/her place of temporary lodging

on the Reservation or on property owned by the Tribe in fee or trust changes.

SEX OFFENDER REGISTRATION

(e) A sex offender who is currently incarcerated or otherwise in police custody is temporarily

exempt from the duty to update/confirm his/her registration information. The duty to

update/confirm shall resume either upon the sex offender’s release from/by a non-CRIT entity or

facility, or immediately prior to his/her release from/by CRIT or CRIT’s detention facility.

Section 1-605.

Timelines for Registration and Updating/Confirming Information.

(a) Initial Registration. If required under this Code, a convicted sex offender shall register with

CRIT LES in the following time frames:

(1)

Before release from incarceration for a registerable offense if convicted and

incarcerated by the Tribes for that registerable offense;

(2)

Within three (3) business days of sentencing for a registerable offense if convicted

by the Tribes for that offense but incarcerated elsewhere;

(3)

Within three (3) business days of establishing a residence, including seasonal or

temporary residency, commencing employment, or becoming a student within the

exterior boundaries of the Colorado River Indian Reservation; and

(4)

If a visitor, within one (1) business day of commencing his/her intended visit of

five (5) or more consecutive calendar days, or within one (1) business day after

his/her visit reaches the fifth consecutive calendar day if the visit was initially not

intended to last for 5 or more consecutive calendar days.

(b) Retroactive Registration. Those sex offenders described in § 1-603(a) of this Code must

circumstances or, if § 1-605(a) is inapplicable, then according to the following timetable:

(1)

For Tier 1 sex offenders, within one (1) year of this Code’s effective date;

(2)

For Tier 2 sex offenders, within one-hundred eighty (180) calendar days of this

Code’s effective date; or

(3)

For Tier 3 sex offenders, within ninety (90) calendar days of this Code’s effective

date.

(1)

Sex offenders shall update or confirm their registration information with CRIT

LES on a routine basis and for so long as they remain subject to this Code’s

registration requirements, as provided herein. The duty to update/confirm applies

to all registered sex offenders even if the no registration information has changed

since their last routine update.

SEX OFFENDER REGISTRATION CODE

(i)

Tier 1 Sex Offenders must update/confirm their information once every

year for fifteen (15) consecutive years beginning from either the time of

release from custody for the sex offender who is incarcerated for the

registerable offense, or from the date of sentencing for the sex offender

who is not incarcerated for the registerable offense.

(ii)

Tier 2 Sex Offenders must update/confirm their information once every

one-hundred eighty (180) days for twenty-five (25) consecutive years

beginning from either the time of release from custody for a sex offender

who is incarcerated for the registerable offense, or from the date of

sentencing for a sex offender who is not incarcerated for the registerable

offense. The first 180-day cycle shall begin from the date of initial

registration. Thereafter, each 180-day cycle shall begin from the date of

the last personal appearance.

(iii)

Tier 3 Sex Offenders must update/confirm their information once every

ninety (90) days for the rest of their lives. The first 90-day cycle shall

begin from the date of initial registration. Thereafter, each 90-day cycle

shall begin from the date of the last personal appearance.

(iv)

The above registration periods for Tier 1 and Tier 3 sex offenders are

subject to reduction as provided in § 1-605(d).

(2)

In addition to their duty to routinely update/confirm their information, all sex

offenders shall update their registration information immediately after learning of

changes to their residency, employment, and/or student attendance status, and of

changes to any other registration information identified in this Code. For visiting

sex offenders, the additional duty to immediately update their information applies

to those changes specified in § 1-604(d) of this Code.

(3)

Sex offenders who are temporarily exempt from the duty to update/confirm their

registration information under § 1-604(e) of this Code are required to update their

information with CRIT LES immediately after release from incarceration or, if

incarcerated by CRIT, must update/confirm their information immediately prior to

release.

(d) Reduction of Registration Period. A sex offender may have his/her period of registration

reduced as follows:

(1)

A Tier 1 sex offender may have his/her period of registration reduced to ten

(10) years if s/he has maintained a clean record for ten (10) consecutive years

from the date of initial registration.

(2)

A Tier 3 sex offender may have his/her period of registration reduced to twentyfive (25) years if s/he was adjudicated delinquent of a sex offense as a juvenile,

that sex offense required that s/he register as a Tier 3 sex offender, and s/he has

SEX OFFENDER REGISTRATION

maintained a clean record for twenty-five (25) consecutive years from the date of

initial registration.

(3)

Section 1-606.

For purposes of this subsection, a sex offender shall have a “clean record” only if

all of the following criteria are met:

(i)

s/he has not been convicted of any offense for which imprisonment for one

(1) year or more may be imposed;

(ii)

s/he has not been convicted of any sex offense;

(iii)

s/he has successfully completed, without revocation, any period of

supervised release, probation, or parole; and

(iv)

s/he has successfully completed an appropriate sex offender treatment

program certified by CRIT LES, another jurisdiction, or by the Attorney

General of the United States.

Failure to Appear for Registration; Absconding.

(a) In the event a sex offender fails to register with the Tribe as required by this Code, CRIT

LES or SORNA Officer, or the designee, as the “reporting jurisdiction,” shall report to the

“notifying jurisdiction” (i.e. the jurisdiction that provided notification to the Tribe that the sex

offender was to commence residency, employment, and/or school attendance within the Tribe’s

jurisdiction) that the sex offender failed to appear for registration immediately. This reporting

requirement between jurisdictions should, in practice, be mutual.

(b) In the event CRIT LES or a SORNA Officer, or the designee, is the notifying jurisdiction

and receives information from a “reporting jurisdiction,” e.g. the federal authorities or another

jurisdiction, that a sex offender under tribal jurisdiction has absconded in the reporting

jurisdiction, CRIT LES or the SORNA Officer, or the designee, shall make an effort to determine

if the sex offender has actually absconded by conducting a reasonable investigation into the sex

offender’s whereabouts within the Reservation or on tribally-owned land. In the event a

determination cannot be made or the sex offender cannot be located within the Reservation or on

tribally-owned property, CRIT LES or a SORNA Office, or the designee, shall ensure the tribal

police department and any other appropriate law enforcement agency are notified of the sex

offender’s probable absconding, and that the appropriate actions are taken, as prescribed by § 1608(h) of this Code.

Section 1-607.

Registration Fee; Waiver.

(a) A registering sex offender is required to pay the following fees:

(1)

$125 upon initial registration that is valid to December 31 of the same calendar

year; and

SEX OFFENDER REGISTRATION CODE

(2)

$55 annually thereafter while the sex offender remains within CRIT’s jurisdiction

under this Code, and to be paid no later than January 1 of each year, or no later

than the first business day of the each year.

The sex offender shall pay the required fee to the CRIT Accounting Department before s/he

reports to CRIT LES to register initially or renew registration. Upon payment, the sex offender is

responsible for obtaining a receipt from CRIT Accounting and submitting that receipt to CRIT

LES as proof of payment. The sex offender shall also retain copies of the receipts as proof of

payment for future verification if necessary.

(b) CRIT LES shall waive the fee in (a) herein if the sex offender’s gross annual income is less

than 120% of the federal poverty guideline. Offender shall submit the most current tax filing for

verification. Failure to produce evidence of his/her income will result in the rejection of a fee

waiver request.

under § 1-1003 of this Code.

Section 1-608.

CRIT LES Duties.

The CRIT LES shall have policies and procedures in place to ensure that the steps listed below

are completed in the time specified.

(a) The sex offender reads, or has read to him/her, and understands his/her registration

obligations under this Code, and thereafter signs an acknowledgment form in accordance with §

1-702 of this Code. The acknowledgment form is to be processed pursuant to § 1-702.

(b) The sex offender completes initial registration, or updates his/her information if already

registered, with the Tribe, and all information required under Chapter 7 is provided to CRIT LES

in accordance with Chapter 7.

Public Sex Offender Registry Website (where permitted), and immediately forward that

information to all other jurisdictions in which the sex offender is either registered or required to

forwarded to the persons of contact for the NSOR and NSOPW so that those databases may be

updated accordingly.

(d) After the sex offender has been registered, CRIT LES shall ensure all information required

under Chapter 7 is provided to CRIT LES in accordance with Chapter 7 at each instance the sex

offender appears at CRIT LES’s office to update his/her registration information.

(e) Immediately upon receiving any changes to a sex offender’s registration information

pursuant to this Code, including specifically § 1-604 of this Code, the Sex Offender Registry and

Public Sex Offender Registry Website (where permitted) must be updated accordingly.

SEX OFFENDER REGISTRATION

(f) Immediately upon receiving any changes to a sex offender’s registration information

pursuant to this Code, including specifically § 1-604 of this Code, CRIT LES must notify the

necessary jurisdictions of those changes and provide the information accordingly. The necessary

jurisdictions shall include those jurisdictions in which the sex offender is registered, required to

residency, employment, and/or student attendance status. CRIT LES shall also immediately

notify the persons of contact for the NSOR and NSOPW of the changes and provide the

information so that those databases may be updated accordingly. Additionally, CRIT LES shall

provide the required notifications specified in § 1-803 of this Code.

(g) Specifically with respect to information relating to a sex offender’s intent to commence

residency, school, or employment outside of the United States, the registration information must

be provided to the U.S. Marshals Service, in addition to any U.S. jurisdiction required to receive

such information pursuant to this section.

(h) If a sex offender fails to register due to possible absconding or absconding, or otherwise

violates a registration requirement under this Code, CRIT LES shall, in the order provided:

(1)

Determine whether the sex offender is in actual violation for absconding by

verifying that the sex offender’s actual or intended residency, employment,

student attendance status, or visitation subjects the sex offender to the registration

requirements of this Code;

(2)

If the sex offender is subject to this Code and is determined to have absconded or

has otherwise failed to appear to register with CRIT LES, then update the registry

to reflect the sex offender’s absconding, or his/her failure to contact or register

with CRIT LES;

(3)

Notify the U.S. Marshals Service of the sex offender’s absconding or failure to

contact/appear to register with CRIT LES;

(4)

Seek a warrant for the sex offender’s arrest from the tribal court, and may also

contact the U.S. Marshals Service or Federal Bureau of Investigation (FBI) to

attempt to obtain a federal arrest warrant;

(5)

If and when CRIT LES is authorized by the FBI, notify the NSOR so that the

NSOR will reflect either the sex offender’s status as an absconder or that the sex

offender is otherwise not capable of being located for registration; and

(6)

If and when CRIT LES is authorized by the FBI, enter the sex offender into the

Wanted Person File of the National Crime Information Center (NCIC).

(i) CRIT LES shall monitor and utilize the SORNA Exchange Portal for inter-jurisdictional

changes to residency, employment, visitor status, or school attendance or student attendance status

of each sex offender, and, where necessary, update the Sex Offender Registry and/or Public Sex

Offender Registry Website.

SEX OFFENDER REGISTRATION CODE

(j) CRIT LES’s duties under this section with regard to any sex offender shall terminate when

that sex offender’s requirement to register under this Code terminates in accordance with § 1609 herein.

Section 1-609.

Termination of Registration Requirement.

(a) A sex offender who is subject to the registration requirements of this Code, as described in

Chapter 3, shall remain obligated to register and update/confirm his/her information in

accordance with the timelines provided in § 1-605(c)(1), or until the sex offender’s death,

whichever is earlier in time.

(b) In the event of the sex offender’s death, CRIT LES must receive confirmation of the sex

offender’s death. A sex offender’s death may only be confirmed with a certified or otherwise

verified copy of the sex offender’s death certificate.

offender’s information accordingly on the Sex Offender Registry and Public Sex Offender

Registry Website (where permitted). CRIT LES shall notify immediately any other jurisdiction

in which the sex offender was required to register of the sex offender’s death, as well as notify

the person of contact for the NSOR of the death.

CHAPTER 7.

REQUIRED INFORMATION

Section 1-701.

General Requirements.

(a) A sex offender subject to this Code’s registration requirement shall provide all of the

information detailed in this Chapter to CRIT LES or a SORNA Officer, or the designee.

(b) The obligation imposed by § 1-701(a) applies at the time of initial registration and is ongoing for so long as the sex offender remains subject to this Code’s registration requirements.

SORNA Officer, or the designee, and the information appearing on that database shall also be

made available in a form capable of electronic transmission.

Section 1-702.

Sex Offender Acknowledgment Form.

(a) The sex offender shall read, or have read to them, and sign a form stating both that the duty

to register has been explained to him/her by a SORNA Officer, as needed, and that the sex

offender understands the registration requirement. The form shall be signed and dated by the

SORNA Officer who registered the sex offender.

(b) A copy of the complete acknowledgment form shall be uploaded to the Sex Offender

Registry and Public Sex Offender Registry Website, as well as uploaded, or otherwise provided

in electronic form, to the necessary contacts who maintain the NSOR and NSOPW.

SEX OFFENDER REGISTRATION

to meet this section’s requirements. Information prohibited from online publication on either the

Public Sex Offender Registry Website or NSOPW, as described in § 1-802 of this Code, shall not

appear on the acknowledgment form.

Section 1-703.

Criminal History.

(a) A sex offender shall provide the following information related to the sex offender’s criminal

history:

(1)

The date of all arrests, regardless of location or jurisdiction;

(2)

The date of all convictions, regardless of jurisdiction;

(3)

The sex offender’s status of parole, probation, or supervised release for any

offense in any jurisdiction for which s/he was convicted;

(4)

The sex offender’s registration status in all jurisdictions s/he is registered; and

(5)

Any outstanding arrest warrants, regardless of jurisdiction.

(b) CRIT LES or a SORNA Officer, or the designee, shall obtain the text of each provision of

law defining the criminal offense(s) for which the sex offender is registered, regardless of the

jurisdiction of conviction. The legal text obtained shall be the version that was current at the time

the criminal offense(s) occurred.

Section 1-704.

Date of Birth.

A sex offender shall provide both:

(a)

The sex offender’s actual date of birth; and

(b)

Any other date of birth used by the sex offender at any time prior to the date of

registration/update.

Section 1-705.

DNA Sample.

(a) The sex offender shall permit CRIT LES or a SORNA Officer, or the designee, to take a

DNA sample of the sex offender at the time of initial registration.

(b) Any DNA sample obtained from a sex offender pursuant to this Chapter shall be submitted

to an appropriate lab for analysis. The resulting DNA profile shall be entered in to the Combined

DNA Index System (CODIS).

Section 1-706.

Driver’s Licenses, Identification Cards, Passports, and Immigration

Documents.

SEX OFFENDER REGISTRATION CODE

At the time of registration, a sex offender shall present the original copies of the items listed in

this section to CRIT LES. CRIT LES shall make photocopies of the originals for its records. This

duty of production of originals applies to dates on which the sex offender appears at CRIT LES

to update his/her registration information if such information has changed since the sex offender

first registered with CRIT LES.

(a)

All valid driver’s licenses issued by any jurisdiction;

(b)

All identification cards issued by any jurisdiction, including any tribal enrollment

card;

(c)

All passports used by the sex offender, issued by any country or other

governmental entity; and

(d)

All immigration documents, regardless of the country to which they refer.

Section 1-707.

Employment Information.

A sex offender shall provide the information listed below relating to the sex offender’s current

employment. Employment in this respect is meant to be broadly interpreted to include any and

all places where the sex offender is currently working, volunteering, interning, or otherwise

performing services whether paid, unpaid, temporary, seasonal, part-time, or full-time. The term

“employer” is similarly and broadly interpreted.

(a)

The name of the sex offender’s employer; and

(b)

The address of the sex offender’s employer.

Section 1-708.

Finger and Palm Prints.

A sex offender shall provide his/her finger prints and palm prints. The fingerprints shall

thereafter be submitted to the Integrated Automated Fingerprint Identification System (IAFIS),

and the palm prints submitted to the FBI Next Generation Identification Program.

Section 1-709.

Internet Identifiers.

A sex offender shall provide the following information related to the sex offender’s internet

related activity:

(a)

Any and all email addresses used by the sex offender, regardless of whether the

email address is registered as belonging to the sex offender;

(b)

Any and all email addresses, usernames, or other identifiers associated with or

used for instant messaging, regardless of whether the sex offender is the

registered owner or user; and

SEX OFFENDER REGISTRATION

(c)

Section 1-710.

Any and all other designations or monikers used by the sex offender for the

purpose of routing or self-identification in internet communications or postings,

including but not limited to social networking identifications, twitter accounts,

video posting site identifications (e.g. YouTube, etc.), regardless of whether the

sex offender is the registered owner or user.

Name.

A sex offender shall provide the following information related to his/her name(s):

(a)

The sex offender’s full legal name;

(b)

The sex offender’s primary name, if different than his/her legal name;

(c)

Any and all nicknames, aliases, and pseudonyms, regardless of the context in

which it is used; and

(d)

Any and all ethnic or tribal names by which the sex offender is commonly known

among family, friends, coworkers, and colleagues. The sex offender need not

include any religious or sacred names not otherwise commonly known to satisfy

this specific requirement.

Section 1-711.

Phone Numbers.

A sex offender shall provide the following information related to the sex offender’s telephone

numbers:

(a)

Any and all land line telephone numbers;

(b)

Any and all cellular telephone numbers; and

(c)

Any and all voice over IP (VOIP) telephone numbers.

Section 1-712.

Photograph.

(a) At the time of initial registration, a sex offender shall provide a reasonably-sized color

photograph of him/her, current within one (1) month of registration, and shall accurately and

clearly reflect the sex offender’s face and head.

(b) An updated photograph of the sex offender, meeting the requirements as stated in (a) herein,

shall be submitted to CRIT LES each time the sex offender appears at CRIT LES’s office to

update his/her registration information pursuant to § 1-605 of this Code.

photograph at the time of initial registration and/or update.

SEX OFFENDER REGISTRATION CODE

Section 1-713.

Physical Description.

CRIT LES or a SORNA Officer, or the designee, shall obtain and record, and the sex offender

shall provide, an accurate description as follows:

(a)

A physical description of the sex offender;

(b)

A general description of the sex offender’s physical appearance or characteristics;

and

(c)

Any of the sex offender’s identifying marks, including but not limited to scars,

moles, birthmarks, or tattoos.

Section 1-714.

Professional Licensing Information.

(a) A sex offender shall provide all licensing information of the sex offender that authorizes the

sex offender to engage in an occupation or carry out a trade or business. Such information shall

include the sex offender’s professional licenses.

(b) The sex offender’s registration information shall be supplemented to include any licensing

information that has changed after the sex offender’s initial registration date, and shall be done in

accordance with § 1-605 of this Code.

Section 1-715.

Residence Address.

A sex offender shall provide the following information related to the sex offender’s residency:

(a)

The address of each residence at which the sex offender resides or intends to

reside; and

(b)

Any location or description that identifies where the sex offender habitually

resides or sleeps, regardless of whether the location or description pertains to a

permanent residence or location that is otherwise identifiable by a street or

address.

Section 1-716.

School Information.

A sex offender shall provide the following information related to his/her schooling both the name

and address of each school or other educational institution, including technical institutes, where

the sex offender is or will be a student.

Section 1-717.

Social Security Number.

A sex offender shall provide the following information:

SEX OFFENDER REGISTRATION

(a)

A valid social security number issued to and identifying the sex offender; and

(b)

Any social security number used by the sex offender at any time, valid or

otherwise.

Section 1-718.

Temporary Lodging Information, Domestic or Abroad.

(a) Travel in General. A sex offender shall provide the information described below when s/he

will be absent for seven (7) calendar days or more from his/her primary or habitual residence, as

was provided to CRIT LES at the time of registration/update. The sex offender shall provide the

requisite information in person, regardless of whether the travel is domestic or international.

International travel shall include travel taken for recreational reasons, as well as for purposes

related to employment, school, residency, and family.

(1)

Information that identifies each place of temporary lodging, including the names

of the homeowner, renter, or business, and the addresses; and

(2)

The dates when the sex offender will be staying at each temporary lodging

location.

(b) Domestic Travel Notification. A sex offender must notify CRIT LES immediately after

learning of his/her plans to travel domestically.

calendar days in advance if they intend to travel outside of the United States.

(1)

Sex offenders shall also inform CRIT LES of their anticipated dates and places of

travel, and any other information necessary for submission to the U.S. Marshals

Service’s National Sex Offender Targeting Center, including the information

required under § 1-718(a) of this Code.

(2)

Exceptions to the 21-day advance notice rule will be determined on a case by case

basis, contingent in part of the nature of the emergency. In the event of any

emergency requiring immediate international travel, the sex offender, at

minimum, shall contact CRIT LES immediately upon learning of the need for

international travel and shall provide any known information required under § 1718(a) of this Code to CRIT LES at that time.

(d) When notified by the sex offender of international travel plans, CRIT LES must immediately

notify the U.S. Marshals Service, contacts for both the NSOR and NCIC (if capable), and any

other jurisdiction where the sex offender is registered or required to register, of the sex

offender’s intention to travel and, if known, the sex offender’s dates and places of travel.

Section 1-719.

Vehicle Information.

SEX OFFENDER REGISTRATION CODE

A sex offender shall provide the following information related to all vehicles owned or operated

by the sex offender for work or personal use, including land vehicles, aircraft, and watercraft:

(a)

License plate numbers;

(b)

Registration numbers or other similar identifiers;

(c)

General description of the vehicle, including the color, make, model, and year;

and

(d)

Any permanent or frequent location where the vehicle is kept.

CHAPTER 8.

PUBLIC SEX OFFENDER REGISTRY WEBSITE

Section 1-801.

Website Requirements and Capabilities.

(a) CRIT LES or a SORNA Officer, or the designee, shall use and maintain a public sex

offender registry website. CRIT’s website is the Public Sex Offender Registry Website

(PSORW).

(b) The PSORW shall include links to sex offender safety and education resources.

website that s/he contends is erroneous.

(d) PSORW shall include a warning that the information contained on the website should not be

used to unlawfully injure, harass, or commit a crime against any individual named in the registry

or residing or working at any reported addresses, and that any such action could result in civil or

criminal penalties.

(e) The PSORW shall have the capability for users of or visitors to the website to conduct

searches by (1) name; (2) county, city, and/or town; and (3) zip code and/or geographic radius.

(f) The PSORW’s design shall include all field search capabilities needed for the Tribe to fully

participate in and exchange information with NSOPW, as is required of the Tribe to do under

federal law.

Section 1-802.

Information Required for and Prohibited from Online Publication.

(a) Required Information. The following information shall be made available to the public on

the PSORW:

(1)

Notice that a sex offender is in violation of his/her registration requirements

and/or cannot be located/contacted if the sex offender is believed to have

absconded;

SEX OFFENDER REGISTRATION

(2)

All sex offenses for which the sex offender has been convicted, regardless of

jurisdiction;

(3)

The sex offense(s) for which the offender is currently registered, regardless of

jurisdiction;

(4)

The addresses of the sex offender’s current employer(s);

(5)

The name(s) of the sex offender, including any and all aliases;

(6)

A current photograph of the sex offender;

(7)

A physical description of the sex offender;

(8)

The residential address and, if relevant, a description of a habitual residence of the

sex offender;

(9)

The addresses of all schools currently being attended by the sex offender; and

(10)

The vehicle license plate number(s) along with a description of the vehicle(s) used

by the sex offender frequently or habitually, regardless of whether the sex

offender is the registered vehicle owner or not.

(b) Prohibited Information. The following information shall not be made available to the public

on the PSORW:

(1)

Any arrest that did not result in conviction, regardless of jurisdiction;

(2)

The sex offender’s social security number;

(3)

Any travel and immigration documents;

(4)

The identity of the victim(s) of any sex offense for which the sex offender is

registered or otherwise convicted; and

(5)

Any internet identifiers, as defined in 42 U.S.C. § 16915a(e)(2), that belong to or

are used by the sex offender.

program, CRIT LES may honor the request of the U. S. Marshals Service, or any other agency

responsible for witness protection, and not include the sex offender’s original identity on the

Public Sex Offender Registry Website.

Section 1-803.

CRIT LES’s Notification Requirements.

(a) Law Enforcement Notification. Whenever a sex offender’s registration information with

SEX OFFENDER REGISTRATION CODE

CRIT LES is updated or otherwise changed, whether by the sex offender or through other means

(e.g. notification from other jurisdictions, observation of the SORNA Exchange Portal, etc.),

CRIT LES shall:

(1)

Immediately update the NCIC, NSOR, and other necessary jurisdictions in

accordance with this Code;

(2)

Immediately notify any agency, department, or program within the Tribe that is

responsible for criminal investigation, prosecution, child welfare or sex offender

supervision functions, including, but not limited to, the police (BIA, tribal, or

FBI), tribal prosecutors, and tribal probation officers;

(3)

Immediately notify any and all other registration jurisdictions where the sex

offender is registered due to the sex offender’s residency, school attendance

status, or employment;

(4)

Immediately notify the National Child Protection Act agencies, which includes

any agency responsible for conducting employment-related background checks

under § 3 of the National Child Protection Act of 1993 (42 U.S.C. § 5119a); and

(5)

Immediately update the sex offender’s registration information appearing on the

Sex Offender Public Registry Website to reflect the updates/changes.

(b) Community Notification. CRIT LES shall ensure the establishment and use of an automated

community notification process that ensures the following:

(1)

Upon a sex offender’s registration or update of information with the Tribe, the

PSORW is immediately updated; and

(2)

The PSORW has a function that enables the general public to request an email

notification of when a sex offender commences residency, employment, school

attendance, or visitation within the Reservation, on tribally-owned property

(whether held in fee or trust), within a specified zip code, or within a certain

geographic radius. This email notice shall include the sex offender’s identity,

including, but not limited to, his/her legal or otherwise primary name and known

aliases.

when that sex offender’s requirement to register under this Code terminates in accordance with §

1-609 herein.

CHAPTER 9.

TREATMENT OF JUVENILE RECORDS

Section 1-901.

Access to Records.

SEX OFFENDER REGISTRATION

CRIT, state, and federal law enforcement officials that are involved in the enforcement of this

Code shall have access to all law enforcement and CRIT Tribal Court records of a juvenile sex

offender upon appropriate request. This section shall supersede CRIT Children’s Code §§ 1-111–

1-114 and any other contradictory provision of tribal law.

Section 1-902.

Non-Expungement of Records.

All juvenile records for tribal sex offenses (see § 1-401 of this Code for a list of applicable sex

offenses) shall be kept for so long as the sex offender is subject to this Code’s registration

requirement, and shall not be expungeable under Tribal law. This section shall supersede any

contradictory provision of Tribal law, including CRIT Children’s Code § 1-113, which generally

requires a juvenile sex offender’s record be expunged and sealing upon the offender’s eighteenth

(18th) birthday.

CHAPTER 10.

IMMUNITY

Section 1-1001.

No Waiver of Tribal Immunity.

Nothing under this Chapter shall be construed as a waiver of sovereign immunity by the

Colorado River Indian Tribes or its departments, agencies, employees, or agents.

Section 1-1002.

Good Faith Defense to Personal Liability.

A person who relies and acts in good faith on this Code shall be immune from any civil liability

arising out of his/her actions to the extent permitted by law.

CHAPTER 11.

VIOLATIONS

Section 1-1101.

Failure to Register, Update, or Notify.

(a) Any sex offender required to register under this Code who fails to register, update/confirm,

or notify CRIT LES of any registration information, pursuant to and in accordance with this

Code, shall be subject to criminal or civil penalties, as provided for in this section.

(b) The following criminal penalties shall apply to any sex offender who is found guilty for

violating this Code’s registration and/or update requirements, as stated in § 1-1101(a):

(1)

A first offense shall result in a mandatory minimum of three (3) months

incarceration, with a potential maximum of one (1) year of incarceration, and an

optional fine of an amount from one-hundred dollars ($100.00) to one-thousand

dollars ($1,000.00).

(2)

A second offense shall result in a mandatory minimum of six (6) months

incarceration, with a potential maximum of one (1) year of incarceration, and an

optional fine of an amount from two-hundred dollars ($200.00) to two-thousand

dollars ($2,000.00).

SEX OFFENDER REGISTRATION CODE

(3)

Each subsequent offense shall result in a mandatory incarceration greater than six

(6) months, with a potential maximum of one (1) year of incarceration, and a

mandatory fine of an amount from three-hundred dollars ($300.00) to threethousand dollars ($3,000.00).

18 U.S.C. § 2250.

[As amended on August 11, 2016, by Ordinance 04-16.]

Section 1-1102.

Unlawful Residency.

(a) Any sex offender who has been convicted of any Chapter 4 sex offense shall not reside

within one thousand (1,000) feet of any of the following properties:

(1)

A private or public school that provides instruction in kindergarten programs, or

any combination of kindergarten programs and grades one (1) through eight (8);

(2)

A private or a public school that provides instruction in any combination of

grades nine (9) through twelve (12); and

(3)

A child care facility.

For purposes of this subsection, measurements shall be made in a straight line in all directions,

without regard to intervening structures or objects, from the nearest point on the property line of

a parcel containing the sex offender’s residence to the nearest point on the property line of a

parcel containing one of the properties listed above.

(b) Each violation of §1-1102(a) is a crime; a sex offender found guilty of this crime shall incur

a maximum period of incarceration of one (1) year and a maximum fine of five-thousand dollars

($5,000.00).

(1)

A person who establishes his/her residence before the effective date of the Code,

as amended;

(2)

A person who establishes his/her residence before the date on which a new school

or child care facility is announced publicly to open or is opened, whichever is

earliest in time; or

(3)

A person who is a minor.

[As amended on August 11, 2016, by Ordinance 04-16.]

Section 1-1103.

Hindrance of Sex Offender Registration.

SEX OFFENDER REGISTRATION

(a) A person is in hindrance of sex offender registration if he/she:

(1)

Knowingly and intentionally harbors, aids, or abets, or attempts to harbor, aid, or

abet, a sex offender who is in violation of this Code;

(2)

Knowingly and intentionally assists or attempts to assist another person in

harboring, aiding, or assisting a sex offender who is in violation of this Code;

(3)

Intentionally assists or otherwise encourages a sex offender in evading CRIT LES

or another law enforcement agency knowing that the sex offender is being sought

for either questioning or arrest for noncompliance with this Code; or

(4)

Intentionally provides material false information to CRIT LES or another law

enforcement agency about a sex offender or the sex offender’s whereabouts.

(b) The following criminal penalties shall apply to a person who is found guilty of violating § 11103(a):

(1)

A first offense shall result in incarceration for no more than three (3) months

and/or a fine of not more than five-hundred dollars ($500.00).

(2)

A second offense shall result in incarceration for no more than six (6) months

and/or a fine of not more than one-thousand dollars ($1,000.00).

(3)

Each subsequent offense shall result in incarceration for no more than six (6)

months and a mandatory fine of not more than one-thousand dollars ($1,000.00).

[As amended on August 11, 2016, by Ordinance 04-16.]

Section 1-1104.

Civil Sanctions.

(a) Each violation of § 1-1101, § 1-1102, § 1-1103, or § 1-1106 of this Code by a sex offender

shall be considered a civil violation. If the sex offender is an Indian, the Tribe has the discretion

to pursue civil sanctions in lieu of or in addition to the applicable criminal penalties described in

this Chapter.

(b) Civil sanctions for each violation may include any means not prohibited by federal law,

including but not limited to fines up to five-thousand dollars ($5,000.00), forfeitures, and/or civil

contempt.

[As amended on August 11, 2016, by Ordinance 04-16.]

Section 1-1105.

Exclusion from Reservation.

SEX OFFENDER REGISTRATION CODE

If applicable and appropriate, any sex offender who violates the obligations of this Code shall be

subject to exclusion from the Reservation pursuant to Article V of the CRIT Law & Order Code.

Section 1-1106.

Unlawful presence.

(a) Any sex offender who has been convicted of any Chapter 4 sex offense when the victim was

a minor under the age of eighteen years old shall not enter the premises or property of any of the

following types of establishments or places:

(1)

Parks.

(2)

Headstart.

(3)

Children’s Residential Center.

(4)

Irataba Hall, when minors under the age of eighteen are present.

(5)

Libraries, when minors under the age of eighteen are present.

(6)

Any childcare facility, including in home day care operation.

(7)

Any private or public school that provides secondary education, including

kindergarten through twelfth grade.

(8)

Any youth center.

(b) Each violation of §1-1106(a) is a crime; a sex offender found guilty of this crime shall incur

a maximum period of incarceration of one (1) year and a maximum fine of five-thousand dollars

$5,000).

[As amended on August 11, 2016, by Ordinance 04-16.]

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.