Enacted December 20, 2010; (2024)
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Ordinance No 3.04
Enacted December 20, 2010;
Amended by Resolution No. 10-02-2024-07.
Hoh Tribal Code Title 3
Law & Order
Chapter 3.04 Sex Offender Code
GENERAL MATTERS
§ 3.04.010 Title
This Code shall be known as the Sex Offender Code.
§ 3.04.020 Purpose
The intent of this code is to implement the federal Sex Offender Registration and Notification Act
(SORNA) (Title I of Public Law 109-248) and shall be interpreted liberally to comply with the
terms and conditions of SORNA as presently written or hereafter amended.
§ 3.04.030 Need
Violent crime in Indian Country is more than twice the national average. On some reservations it is
twenty times the national average. An astounding thirty percent of Indian and Alaska Native women
will be raped in their lifetimes. Tribal nations are disproportionately affected by violent crime and
sex offenses in particular from both Indian and non-Indian perpetrators; consequently, the conduct
and presence of convicted sex offenders in Indian Country threatens the political integrity,
economic security, health and welfare of tribal nations even to the point of imperiling the
subsistence of tribal communities.
§ 3.04.040 Creation of Registries
(1)
Sex Offender Registry. There is hereby established a sex offender registry, which the
Jefferson County Sheriff’s Office shall maintain on behalf of the Hoh Tribe and operate
pursuant to the provisions of this Code, as amended.
(2)
Public Sex Offender Registry Website. There is hereby established a public sex offender
registry website, which the Jefferson County Sheriff’s Office shall maintain on behalf of the
Hoh Tribe and operate pursuant to the provisions of this Code, as amended.
TERMINOLOGY AND COVERED OFFENSES
§ 3.04.050 Definitions
Enacted: 12/20/2010
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Amended: 10/02/2024
The Definitions below apply to this Sex Offender Code only.
(1)
Convicted. An adult sex offender is “convicted” for the purposes of this code if the sex
offender has been subjected to penal consequences based on the conviction, however the
conviction may be styled.
A juvenile offender is “convicted” for purposes of this code if the juvenile offender is either:
(a)
Prosecuted and found guilty as an adult for a sex offense; or
(b)
Is adjudicated delinquent as a juvenile for a sex offense, but only if the offender is 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 described in either (a)
or (b) of section 2241 of title 18, United States Code), or was an attempt or conspiracy to
commit such an offense.
(2)
Foreign Convictions. A foreign conviction is one obtained outside of the United States.
(3)
Employee. The term “employee” as used in this code includes, but is not limited to, an
individual who is self-employed or works for any other entity, regardless of compensation.
Volunteers of a tribal agency or organization are included within the definition of employee
for registration purposes.
(4)
Immediate. “Immediate” and “immediately” mean within 3 business days.
(5)
Imprisonment. The term “imprisonment” refers to incarceration pursuant to a conviction,
regardless of the nature of the institution in which the offender serves the sentence. The term
is to be interpreted broadly to include, for example, confinement in a state “prison” as well
as in a federal, military, foreign, BIA, private or contract facility, or a local or tribal “jail”.
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”.
(6)
Indian Tribe. Means any Indian Tribe, band, nation, or other organizational group, or
community of Indians traditionally recognized as an Indian Tribe by the Hoh Tribal Business
Committee or recognized as eligible for services provided to Indians by the Secretary of the
Interior because of their status as Indians, including Alaska Native village as defined in
Section 3(c) of the Alaska Native Claims Settlement Act as amended.
(7)
Indian Youth. Means a youth who is under the age of eighteen (18) years and who is either
enrolled in or a member of an Indian Tribe or both eligible for enrollment or membership in
an Indian Tribe and a biological child of an enrolled Indian, or a descendent of an enrolled
Hoh Indian to the second degree (i.e.; grandchild of an enrolled Hoh Indian).
(8)
Jurisdiction. The term “jurisdiction” as used in this code refers to the 50 states, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and any
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Amended: 10/02/2024
Indian Tribe.
(9)
Minor. The term “minor” means an individual who has not attained the age of 18 years.
(10)
Parent. Means and includes a biological or adoptive parent but does not include persons who
parental rights have been terminated, nor does it include an unwed father whose paternity has
not been acknowledged or established.
(11)
Resides. The term “reside” or “resides'' means, with respect to an individual, the location of
the individual's home or other place where the individual habitually lives or sleeps.
(12)
Sex Offense. The term “sex offense” as used in this code includes those offenses contained
in 42 U.S.C. §16911(5) and those offenses enumerated in § 3.04.050 of this Code or any other
covered offense under tribal law. An offense involving consensual sexual conduct is not a
sex offense for the purposes of this Code if the victim was an adult, unless the adult was
under the custodial authority of the offender at the time of the offense, or if the victim was at
least 13 years old and the offender was not more than 4 years older than the victim.
(13)
Sex Offender. A person convicted of a sex offense is a “sex offender”.
(14)
Sexual Act. The term “sexual act” means:
(a)
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;
(b)
contact between the mouth and the penis, the mouth and the vulva, or the mouth and
the anus;
(c)
the penetration, however slight, of the anal or genital opening of another by a hand or
finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse
or gratify the sexual desire of any person; or
(d)
the intentional touching, not through the clothing, of the genitalia of another person
that has not attained the age of 18 years with an intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual desire of any person.
(15)
Sexual Contact. The intentional touching, either directly or through the clothing, of the
genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse,
humiliate, harass, degrade, or arouse or gratify the sexual desires of another person.
(16)
Student. A “student” is a person who enrolls in or attends either a private or public education
institution, including a secondary school, trade or professional school, or an institution of
higher education.
(17)
SORNA. The Sex Offender Registration and Notification Act (Title I of the Adam Walsh
Child Protection and Safety Act of 2006 P.L. 109-248), 42 U.S.C. §16911 et. seq., as
amended.
Enacted: 12/20/2010
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Amended: 10/02/2024
(18)
Sex Offender Registry. The term “sex offender registry” means the registry of sex offenders,
and a notification program, maintained by Jefferson County Sheriff’s Office on behalf of the
Hoh Tribe.
(19)
National Sex Offender Registry (NSOR). The national database maintained by the Attorney
General of the United States pursuant to 42 U.S.C. §16919.
(20)
SMART Office. The Office of Sex Offender Sentencing, Monitoring, Apprehending,
Registering, and Tracking, which was established within the United States Department of
Justice under the general authority of the Attorney General of the United States pursuant to
42 U.S.C. §16945.
(21)
Dru Sjodin National Sex Offender Public Website (NSOPW). The public website maintained
by the Attorney General of the United States pursuant to 42 U.S.C. §16920.
(22)
“Tier 1 Sex Offender”. A “tier 1 sex offender”, or a “sex offender” designated as “tier 1”, is
one that has been convicted of a “tier 1” sex offense as defined in § 3.04.060.
(23)
“Tier 2 Sex Offender”. A “tier 2 sex offender”, or a “sex offender” designated as “tier 2”, is
one that has been either convicted of a “tier 2” sex offense as defined in § 3.04.070, or who
is subject to the recidivist provisions of § 3.04.070(2).
(24)
“Tier 3 Sex Offender”. A “tier 3 sex offender”, or a “sex offender” designated as “tier 3”, is
one that has been either convicted of a “tier 3” sex offense as defined in § 3.04.080, or who
is subject to the recidivist provisions of § 3.04.080(2).
(25)
Youth (Minor). A person under the age of eighteen (18) years. A person eighteen (18) years
of age or older concerning whom proceedings are commenced in Youth Court prior to his or
her eighteenth (18th) birthday. Any person eighteen (18) years of age through twenty (20)
years of age under the continuing jurisdiction of the Hoh Youth Court.
§ 3.04.050 Covered Offenses
Individuals who reside within the boundaries of the reservation or otherwise reside on property
owned by the Tribe in fee or trust regardless of location, are employed within the boundaries of the
reservation or on property owned by the Tribe in fee or trust regardless of location, or who attend
school within the boundaries of the reservation or on property owned by the Tribe in fee or trust
regardless of location, that have been convicted of any of the following offenses, or convicted of an
attempt or conspiracy to commit any of the following offenses, are subject to the requirements of
this code:
(1)
Tribal offenses. Refer to Chapter 3.01, Law and Order Code for a complete listing of Tribal
Offenses.
(2)
Federal Offenses. A conviction for any of the following, and any other offense hereafter
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Amended: 10/02/2024
included in the definition of “sex offense” at 42 U.S.C. §16911(5):
(3)
(a)
18 U.S.C. §1591 (sex trafficking of children),
(b)
18 U.S.C. §1801 (video voyeurism of a minor),
(c)
18 U.S.C. §2241 (aggravated sexual abuse),
(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),
(i)
18 U.S.C. §2251A (selling or buying of children),
(j)
18 U.S.C. §2252 (material involving the sexual exploitation of a minor),
(k)
18 U.S.C. §2252A (material 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 import into
the U.S.),
(o)
18 U.S.C. §2421 (transportation of a minor for illegal sexual activity),
(p)
18 U.S.C. §2422 (coercion and enticement of a minor for illegal sexual activity),
(q)
18 U.S.C. §2423 (Mann Act),
(r)
18 U.S.C. §2424 (failure to file factual statement about an alien individual),
(s)
18 U.S.C. §2425 (transmitting information about a minor to further criminal sexual
conduct).
Foreign Offenses. Any conviction for a sex offense involving any conduct listed in this
Section that was obtained under the laws of Canada, the United Kingdom, Australia, New
Zealand, or under the laws of any foreign country when the United States State Department
in its Country Reports on Human Rights Practices has concluded that an independent
judiciary generally or vigorously enforced the right to a fair trial in that country during the
Enacted: 12/20/2010
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Amended: 10/02/2024
year in which the conviction occurred.
(4)
Military Offenses. Any military offense specified by the Secretary of Defense under section
115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. 951 note).
(5)
Juvenile Offenses or Adjudications. Any sex offense, or attempt or conspiracy to commit a
sex offense, that is comparable to or more severe than the federal crime of aggravated sexual
abuse (as codified in 18 U.S.C. §2241) and committed by a minor who is 14 years of age or
older at the time of the offense. This includes engaging in a sexual act with another by force
or the threat of serious violence; or engaging in a sexual act with another by rendering
unconscious or involuntarily drugging the victim.
(6)
Jurisdiction Offenses. Any sex offense committed in any jurisdiction, including this Tribe,
that involves:
(a)
Any type or degree of genital, oral, or anal penetration,
(b)
Any sexual touching of or sexual contact with a person’s body, either directly or
through the clothing,
(c)
Kidnapping of a minor,
(d)
False imprisonment of a minor,
(e)
Solicitation to engage a minor in sexual conduct understood broadly to include any
direction, request, enticement, persuasion, or encouragement of a minor to engage in
sexual conduct,
(f)
Use of a minor in a sexual performance,
(g)
Solicitation of a minor to practice prostitution,
(h)
Possession, production, or distribution of child pornography,
(i)
Criminal sexual conduct that involves physical contact with a minor or the use of the
internet to facilitate or attempt such conduct. This includes offenses whose elements
involve 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,
(j)
Any conduct that by its nature is a sex offense against a minor,
(k)
Any offense similar to those outlined in:
(i)
18 U.S.C. §1591 (sex trafficking by force, fraud, or coercion),
(ii)
18 U.S.C. §1801 (video voyeurism of a minor),
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Amended: 10/02/2024
(7)
(iii)
18 U.S.C. §2241 (aggravated sexual abuse),
(iv)
18 U.S.C. §2242 (sexual abuse),
(v)
18 U.S.C. §2244 (abusive sexual contact),
(vi)
18 U.S.C. §2422(b) (coercing a minor to engage in prostitution), or
(vii)
18 U.S.C. §2423(a) (transporting a minor to engage in illicit conduct).
“Sex Offense.” Except as limited by subparagraph (f) or (g), the term “sex offense” means:
(a)
A criminal offense that has an element involving a sexual act or sexual contact with
another;
(b)
A criminal offense that is a “specified offense against a minor”. The term “specified
offense against a minor” means an offense against a minor that involves any of the
following:
(i)
An offense (unless committed by a parent or guardian) involving kidnapping.
(ii)
An offense (unless committed by a parent or guardian) involving false
imprisonment.
(iii)
Solicitation to engage in sexual conduct.
(iv)
Use in a sexual performance.
(v)
Solicitation to practice prostitution.
(vi)
Video voyeurism as described in 18 U.S.C. §1801.
(vii)
Possession, production, or distribution of child pornography.
(viii)
Criminal sexual conduct involving a minor, or the use of the Internet to
facilitate or attempt such conduct.
(ix)
Any conduct that by its nature is a sex offense against a minor.
(c)
A Federal offense (including an offense prosecuted under section 1152 or 1153 of
Title 18 of the United States Code) under section 1591, or chapter 109A, 110 (other
than section 2257, 2257A, or 2258), or 117, of Title 18 of the United States Code.
(d)
A military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i)
of Public Law 105-119 (10 U.S.C. 951 note); or an attempt or conspiracy to commit
an offense described in clauses (1) through (4).
Enacted: 12/20/2010
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Amended: 10/02/2024
(e)
An attempt or conspiracy to commit an offense described in clauses (1) through (4).
(f)
Offenses involving Consensual Sexual Conduct. An offense involving consensual
sexual conduct is not a sex offense for the purposes of this Code if the victim was an
adult, unless the adult was under the custodial authority of the offender at the time of
the offense, or if the victim was at least thirteen (13) years old and the offender was
not more than four (4) years older than the victim.
(g)
Foreign Offenses. A foreign conviction is not a sex offense for the purposes of this
code/ordinance unless it was either:
(i)
obtained under the laws of Canada, the United Kingdom, Australia, New
Zealand, or
(ii)
under the laws of any foreign country when the United States State
Department in its Country Reports on Human Rights Practices has concluded
that an independent judiciary generally or vigorously enforced the right to a
fair trial in that country during the year in which the conviction occurred.
TIERED OFFENSES
§ 3.04.060 Tier 1 Offenses
(1)
Sex Offenses. A “Tier 1” offense includes any sex offense for which a person has been
convicted, or an attempt or conspiracy to commit such an offense, that is not a “Tier 2” or
“Tier 3” offense.
(2)
Offenses Involving Minors. A “Tier 1” offense also includes any offense for which a person
has been convicted by any jurisdiction, local government, or qualifying foreign country
pursuant to § 3.04.050(3) that involves the false imprisonment of a minor, video voyeurism
of a minor, or possession or receipt of child pornography.
(3)
Tribal Offenses. Any sex offense covered by this act where punishment was limited to one
year in jail shall be considered a “Tier 1” sex offense.
Regardless of which jurisdiction convicts the sex offender, the requirements with respect to the
potential length of imprisonment under the statute relate to individual offenses rather than to
aggregate penalties. For example, suppose that a sex offender charged in three counts with the
commission of sex offenses each of which is punishable by at most one year of imprisonment, and
upon conviction is sentenced to three consecutive terms of six months of incarceration. Though the
aggregate penalty is 18 months, these convictions do not place the sex offender above tier I, because
each offense was not punishable by more than one year of imprisonment.
(4)
Certain Federal Offenses. Conviction for any of the following federal offenses shall be
considered a conviction for a “Tier 1” offense:
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Amended: 10/02/2024
(5)
(a)
18 U.S.C. §1801 (video voyeurism of a minor),
(b)
18 U.S.C. §2252 (receipt or possession of child pornography),
(c)
18 U.S.C. §2252A (receipt or possession of child pornography),
(d)
18 U.S.C. §2252B (misleading domain names on the internet),
(e)
18 U.S.C. §2252C (misleading words or digital images on the internet),
(f)
18 U.S.C. §2422(a) (coercion to engage in prostitution),
(g)
18 U.S.C. §2423(b) (travel with the intent to engage in illicit conduct),
(h)
18 U.S.C. §2423(c) (engaging in illicit conduct in foreign places),
(i)
18 U.S.C. §2424 (failure to file factual statement about an alien individual), or
(j)
18 U.S.C. §2425 (transmitting information about a minor to further criminal sexual
conduct).
Certain Military Offenses. Any military offense specified by the Secretary of Defense under
section 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 § 3.04.060(1), (2), or (3) shall be considered a “Tier 1”
offense.
§ 3.04.070 Tier 2 Offenses
(1)
Recidivism and Felonies. Unless otherwise covered by Section 10.3.03, any sex offense that
is not the first sex offense for which a person has been convicted and that is punishable by
more than one year in jail is considered a “Tier 2” offense.
(2)
Offenses Involving Minors. A “Tier 2” offense includes any sex offense against a minor for
which a person has been convicted, or an attempt or conspiracy to commit such an offense,
that involves:
(a)
The use of minors in prostitution, including solicitations,
(b)
Enticing a minor to engage in criminal sexual activity,
(c)
Sexual contact with a minor 13 years of age or older, whether directly or indirectly
through the clothing, that involves the intimate parts of the body,
(d)
The use of a minor in a sexual performance, or
(e)
The production or distribution of child pornography.
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Amended: 10/02/2024
(3)
(4)
Certain Federal Offenses. Conviction for any of the following federal offenses shall be
considered a conviction for a “Tier 2” offense:
(a)
18 U.S.C. §1591 (sex trafficking by force, fraud, or coercion),
(b)
18 U.S.C. §2243 (sexual abuse of a minor or ward),
(a)
18 U.S.C. §2244 (Abusive sexual contact, where the victim is 13 years of age or
older),
(b)
18 U.S.C. §2251 (sexual exploitation of children),
(c)
18 U.S.C. §2251A (selling or buying of children),
(d)
18 U.S.C. §2252 (material involving the sexual exploitation of a minor),
(e)
18 U.S.C. §2252A (production or distribution of material containing child
pornography),
(f)
18 U.S.C. §2260 (production of sexually explicit depictions of a minor for import into
the United States),
(g)
18 U.S.C. §2421 (transportation of a minor for illegal sexual activity),
(h)
18 U.S.C. §2422(b) (coercing a minor to engage in prostitution),
(i)
18 U.S.C. §2423(a) (transporting a minor to engage in illicit conduct).
Certain Military Offenses. Any military offense specified by the Secretary of Defense under
section 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 § 3.04.070 (1), (2), or (3) shall be considered a “Tier 2”
offense.
§ 3.04.080 Tier 3 Offenses
(1)
Recidivism and Felonies. Any sex offense that is punishable by more than one year in jail
where the offender has at least one prior conviction for a Tier 2 sex offense, or has previously
become a Tier 2 sex offender, is a “Tier 3” offense.
(2)
General Offenses. A “Tier 3” offense includes any sex offense for which a person has been
convicted, or an attempt or conspiracy to commit such an offense, that involves:
(a)
Non-parental kidnapping of a minor,
(b)
A sexual act with another by force or threat,
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Amended: 10/02/2024
(3)
(4)
(c)
A sexual act with another who has been rendered unconscious or involuntarily
drugged, or who is otherwise incapable of appraising the nature of the conduct or
declining to participate, or
(d)
Sexual contact with a minor 12 years of age or younger, including offenses that cover
sexual touching of or contact with the intimate parts of the body, either directly or
through the clothing.
Certain Federal Offenses. Conviction for any of the following federal offenses shall be
considered conviction for a “Tier 3” offense:
(a)
18 U.S.C. §2241 (a) and (b) (aggravated sexual abuse),
(b)
18 U.S.C. §2242 (sexual abuse), or
(c)
Where the victim is 12 years of age or younger, 18 U.S.C. §2244 (abusive sexual
contact).
Certain Military Offenses. Any military offense specified by the Secretary of Defense under
section 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 § 3.04.080(1), (2), or (3) shall be considered a “Tier 3”
offense.
REQUIRED INFORMATION
§ 3.04.090 General Requirements
(1)
Duties. A sex offender covered by this code who is required to register with the Tribe pursuant
to Chapter 5 hereunder, shall provide all of the information detailed in this chapter to
Jefferson County, and Jefferson County shall obtain all of the information detailed in this
chapter from covered sex offenders who are required to register with the Tribe in accordance
with this code and shall implement any relevant policies and procedures.
(2)
Digitization. All information obtained under this code shall be, at a minimum, maintained by
Jefferson County in a digitized format.
(3)
Electronic Database. A sex offender registry shall be maintained in an electronic database by
Jefferson County and shall be in a form capable of electronic transmission.
§ 3.04.100 Criminal History
Criminal History. Jefferson County or designee shall obtain, and a covered sex offender shall
provide, the following information related to the sex offender’s criminal history:
(1)
The date of all arrests,
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Amended: 10/02/2024
(2)
The date of all convictions,
(3)
The sex offender’s status of parole, probation, or supervised release,
(4)
The sex offender’s registration status, and
(5)
Any outstanding arrest warrants.
§ 3.04.110 Date of Birth
Date of Birth. Jefferson County or designee shall obtain, and a covered sex offender shall provide,
the following information related to the sex offender’s date of birth:
(1)
The sex offender’s actual date of birth, and
(2)
Any other date of birth used by the sex offender.
§ 3.04.120 DNA Sample
(1)
DNA. If the sex offender’s DNA is not already contained in the Combined DNA Index
System (CODIS), the sex offender shall provide Jefferson County or designee a sample of
his DNA.
(2)
CODIS. Any DNA sample obtained from a sex offender shall be submitted to an appropriate
lab for analysis and entry of the resulting DNA profile in to CODIS.
§ 3.04.130 Driver’s Licenses, Identification Cards, Passports, And Immigration
Documents
(1)
Driver’s License. Jefferson County or designee shall obtain, and a covered sex offender shall
provide, a photocopy of all of the sex offender’s valid driver’s licenses issued by any
jurisdiction.
(2)
Identification Cards. Jefferson County or designee shall obtain, and a covered sex offender
shall provide, a photocopy of any identification card issued by any jurisdiction, including the
sex offender’s tribal enrollment card issued by any jurisdiction.
(3)
Passports. Jefferson County or designee shall obtain, and a covered sex offender shall
provide, a photocopy of any passports used by the sex offender.
(4)
Immigration Documents. Jefferson County or designee shall obtain, and a covered sex
offender shall provide, a photocopy of any and all immigration documents.
§ 3.04.140 Employment Information
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Amended: 10/02/2024
Employment. Jefferson County or designee shall obtain, and a covered sex offender shall provide,
the following information related to the sex offender’s employment, to include any and all places
where the sex offender is employed in any means including volunteer and unpaid positions:
(1)
The name of the sex offender’s employer,
(2)
The address of the sex offender’s employer, and
(3)
Similar information related to any transient or day labor employment.
§ 3.04.150 Finger and Palm Prints
Finger and Palm Prints. Jefferson County or designee shall obtain, and a covered sex offender shall
provide, both finger prints and palm prints of the sex offender in a digitized format.
§ 3.04.160 Internet Identities
Internet Names. Jefferson County or designee shall obtain, and a covered sex offender shall
provide, the following information related to the sex offender’s internet related activity:
(1)
Any and all email addresses used by the sex offender,
(2)
Any and all Instant Message addresses and identifiers,
(3)
Any and all other designations or monikers used for self-identification in internet
communications or postings, and
(4)
Any and all designations used by the sex offender for the purpose of routing or selfidentification in internet communications or postings.
§ 3.04.170 Name
Name. Jefferson County or designee shall obtain, and a covered sex offender shall provide, the
following information related to the sex offender’s name:
(1)
The sex offender’s full primary given name,
(2)
Any and all nicknames, aliases, and pseudonyms regardless of the context in which it is used,
and
(3)
Any and all ethnic or tribal names by which the sex offender is commonly known. This does
not include any religious or sacred names not otherwise commonly known.
§ 3.04.180 Phone Numbers
Phone Numbers. Jefferson County or designee shall obtain, and a covered sex offender shall
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Amended: 10/02/2024
provide, the following information related to the sex offender’s telephone numbers:
(1)
Any and all land line telephone numbers, and
(2)
Any and all cellular telephone numbers.
§ 3.04.190 Picture
(1)
Photograph. Jefferson County or designee shall obtain, and a covered sex offender shall
provide, a current photograph of the sex offender.
(2)
Update Requirements. Unless the appearance of a sex offender has not changed significantly,
a digitized photograph shall be collected:
(a)
Every 90 days for Tier 3 sex offenders,
(b)
Every 90 days for Tier 2 sex offenders, and
(c)
Every 90 days for Tier 1 sex offenders.
§ 3.04.200 Physical Description
Physical Description. Jefferson County or designee shall obtain, and a covered sex offender shall
provide, an accurate description of the sex offender as follows:
(1)
A physical description,
(2)
A general description of the sex offender’s physical appearance or characteristics, and
(3)
Any identifying marks, such as, but not limited to, scars, moles, birthmarks, or tattoos.
§ 3.04.210 Professional Licensing Information
Professional Licenses. Jefferson County or designee shall obtain, and a covered sex offender shall
provide, all licensing of the sex offender that authorizes the sex offender to engage in an occupation
or carry out a trade or business.
§ 3.04.220 Residence Address
Address. Jefferson County or designee shall obtain, and a covered sex offender shall provide, the
following information related to the sex offender’s residence:
(1)
The address of each residence at which the sex offender resides or will reside, and
(2)
Any location or description that identifies where the sex offender habitually resides regardless
of whether it pertains to a permanent residence or location otherwise identifiable by a street
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or address.
§ 3.04.230 School
School Location. Jefferson County or designee shall obtain, and a covered sex offender shall provide,
the following information related to the sex offender’s school:
(1)
The address of each school where the sex offender is or will be a student, and
(2)
The name of each school the sex offender is or will be a student.
§ 3.04.240 Social Security Numbers
Social Security. Jefferson County or designee shall obtain, and a covered sex offender shall provide,
the following information:
(1)
A valid social security number for the sex offender, and
(2)
Any social security number the sex offender has used in the past, valid or otherwise.
§ 3.04.250 Temporary Lodging
Lodging Information. Jefferson County or designee shall obtain, and a covered sex offender shall
provide, the following information when the sex offender will be absent from his residence for seven
(7) days or more:
(1)
Identifying information of the temporary lodging locations including addresses and names,
and
(2)
The dates the sex offender will be staying at each temporary lodging location.
(3)
Travel Abroad. In the event the sex offender will be traveling outside of the United States for
more than 7 days, Jefferson County or designee shall immediately provide this information
to INTERPOL.
§ 3.04.260 Offense Information
Offense Information. Jefferson County or designee shall obtain the text of each provision of law
defining the criminal offense(s) for which the sex offender is registered.
§3.04.270 Vehicle Information
Detailed Information. Jefferson County or designee shall obtain, and a covered 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:
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(1)
License plate numbers,
(2)
Registration numbers or identifiers,
(3)
General description of the vehicle to include color, make, model, and year, and
(4)
Any permanent or frequent location where any covered vehicle is kept.
§ 3.04.280 Frequency, Duration and Reduction
(1)
(2)
(3)
Frequency. A sex offender who is required to register shall, at a minimum, appear in person
at Jefferson County for purposes of verification and keeping their registration current in
accordance with the following time frames:
(a)
For “Tier 1” offenders, once every 90 days for 15 years from the time of release from
custody for a sex offender who is incarcerated for the registration offense or from the
date of sentencing for a sex offender who is not incarcerated for the registration
offense.
(b)
For “Tier 2” offenders, once every 90 days for 25 years from the time of release from
custody for a sex offender who is incarcerated for the registration offense or from the
date of sentencing for a sex offender who is not incarcerated for the registration
offense.
(c)
For “Tier 3” offenders, once every 90 days for the rest of their lives.
Reduction of Registration Periods. A sex offender may have their period of registration
reduced as follows:
(a)
A Tier 1 offender may have his or her period of registration reduced to 10 years if he
or she has maintained a clean record for 10 consecutive years;
(b)
A Tier 2 offender may have his or her period of registration reduced to 15 years if he
or she was adjudicated delinquent of an offense as a juvenile that required Tier 2
registration and he or she has maintained a clean record for 15 consecutive years.
(c)
A Tier 3 offender may not have his or her period of registration reduced for any
reason.
Clean Record. For purposes of § 3.04.280(2) a person has a clean record if:
(a)
He or she has not been convicted of any offense, for which imprisonment for six
months may be imposed.
(b)
He or she has not been convicted of any sex offense.
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(c)
He or she has successfully completed, without revocation, any period of supervised
release, probation, or parole, and
(d)
He or she has successfully completed an appropriate sex offender treatment program
certified by the Tribe, another jurisdiction, or by the Attorney General of the United
States.
§ 3.04.290 Requirements for In Person Appearances
(1)
Photographs. At each in person verification, the sex offender shall permit Jefferson County
to take a photograph of the offender.
(2)
Review of Information. At each in person verification the sex offender shall review existing
information for accuracy.
(3)
Notification. If any new information or change in information is obtained at an in person
verification, Jefferson County shall immediately notify all other jurisdictions in which the
sex offender is required to register of the information or change in information.
REGISTRATION
§ 3.04.300 Where Registration Is Required
(1)
Jurisdiction of Conviction. A sex offender must initially register with Jefferson County if the
sex offender was convicted by the Hoh Tribal Court of a covered sex offense regardless of
the sex offender’s actual or intended residency.
(2)
Jurisdiction of Incarceration. A sex offender must register with Jefferson County if the sex
offender is incarcerated by the Tribe while completing any sentence for a covered sex offense,
regardless of whether it is the same jurisdiction as the jurisdiction of conviction or residence.
(3)
Jurisdiction of Residence. A sex offender must register with Jefferson County if the sex
offender resides within lands subject to the jurisdiction of the Tribe.
(4)
Jurisdiction of Employment. A sex offender must register with Jefferson County if he or she
is employed by the Tribe in any capacity or otherwise is employed within lands subject to the
jurisdiction of the Tribe.
(5)
Jurisdiction of School Attendance. A sex offender must register with Jefferson County if the
sex offender is a student in any capacity within lands subject to the jurisdiction of the Tribe.
§ 3.04.310 Timing of Registration
(1)
Timing. A sex offender required to register with the Tribe under this code shall do so in the
following timeframe:
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(2)
(a)
If convicted by the Hoh Tribe for a covered sex offense and incarcerated, the sex
offender must register before being released from incarceration;
(b)
If convicted by the Hoh Tribe but not incarcerated, the sex offender must register
within 3 business days of sentencing for the registration offense, and
(c)
Within 3 business days of establishing a residence, commencing employment, or
becoming a student on lands subject to the jurisdiction of the Tribe, a sex offender
must appear in person to register with Jefferson County law enforcement.
Duties of Jefferson County. Jefferson County shall have policies and procedures in place to
ensure the following:
(a)
That any sex offender incarcerated or sentenced by the Tribe for a covered sex offense
completes their initial registration with the Tribe,
(b)
That the sex offender reads, or has read to them, and signs a form stating that the duty
to register has been explained to them and that the sex offender understands the
registration requirement,
(c)
That the sex offender is registered, and
(d)
That upon entry of the sex offender’s information in to the registry, that information
is immediately forwarded to all other jurisdictions in which the sex offender is
required to register due to the sex offender’s residency, employment, or student status.
§ 3.04.320 Retroactive Registration
(1)
(2)
Retroactive Registration. Jefferson County shall have in place policies and procedures to
ensure the following three categories of sex offenders are subject to the registration and
updating requirements of this code:
(a)
Sex offenders incarcerated or under the supervision of the Tribe, whether for a
covered sex offense or other crime,
(b)
Sex offenders already registered or subject to a pre-existing sex offender registration
requirement under the Tribe’s laws, and
(c)
Sex offenders reentering the justice system due to conviction for any crime.
Timing of Recapture. Jefferson County shall ensure recapture of the sex offenders mentioned
in § 3.04.320(1) within the following timeframe to be calculated from the date of passage of
this code:
(a)
For Tier 1 sex offenders, 90 days,
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(b)
For Tier 2 sex offenders, 90 days, and
(c)
For Tier 3 sex offenders, 90 days.
§ 3.04.330 Keeping Registration Current
(1)
Jurisdiction of Residency. All sex offenders required to register in this jurisdiction shall
immediately appear in person at Jefferson County to update any changes to their name,
residence (including termination of residency), employment, or school attendance. All sex
offenders required to register in this jurisdiction shall immediately inform Jefferson County
in person of any changes to their temporary lodging information, vehicle information, internet
identifiers, or telephone numbers. In the event of a change in temporary lodging, the sex
offender and Jefferson County shall immediately notify the jurisdiction in which the sex
offender will be temporarily staying.
(2)
Jurisdiction of School Attendance. Any sex offender who is a student in any capacity within
lands subject to the jurisdiction of the Tribe regardless of location that change their school,
or otherwise terminate their schooling, shall immediately appear in person at Jefferson
County to update that information. Jefferson County shall ensure that each jurisdiction in
which the sex offender is required to register, or was required to register prior to the updated
information being given, is immediately notified of the change.
(3)
Jurisdiction of Employment. Any sex offender who is employed by the Tribe in any capacity
or otherwise is employed within lands subject to the jurisdiction of the Tribe regardless of
location that change their employment, or otherwise terminate their employment, shall
immediately appear in person at Jefferson County to update that information. Jefferson
County shall ensure that each jurisdiction in which the sex offender is required to register, or
was required to register prior to the updated information being given, is immediately notified
of the change.
(4)
Duties of Jefferson County With regard to changes in a sex offender’s registration
information, Jefferson County or designee shall immediately notify:
(a)
All jurisdictions where a sex offender intends to reside, work, or attend school,
(b)
Any jurisdiction where the sex offender is either registered or required to register, and
(c)
Specifically with respect to information relating to a sex offender’s intent to
commence residence, school, or employment outside of the United States, any
jurisdiction where the sex offender is either registered or required to register, and the
U.S. Marshals Service. The tribal police shall also ensure this information is
immediately updated on NSOR.
§ 3.04.340 Failure to Appear for Registration and Absconding
(1)
Failure to Appear. In the event a sex offender fails to register with the Tribe as required by
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this code, Jefferson County or designee shall immediately inform the jurisdiction that
provided notification that the sex offender was to commence residency, employment, or
school attendance with the Tribe that the sex offender failed to appear for registration.
(2)
(3)
Absconded Sex Offenders. If Jefferson County or designee receives information that a sex
offender has absconded Jefferson County shall make an effort to determine if the sex offender
has actually absconded.
(a)
In the event no determination can be made, Jefferson County or designee shall ensure
the tribal police and any other appropriate law enforcement agency is notified.
(b)
If the information indicating the possible absconding came through notice from
another jurisdiction or federal authorities, they shall be informed that the sex offender
has failed to appear and register.
(c)
If an absconded sex offender cannot be located then the tribal police shall take the
following steps:
(i)
Update the registry to reflect the sex offender has absconded or is otherwise
not capable of being located,
(ii)
Notify the U.S. Marshals Service,
(iii)
Seek a warrant for the sex offender’s arrest. The U.S. Marshals Service or FBI
may be contacted in an attempt to obtain a federal warrant for the sex
offender’s arrest,
(iv)
Update the NSOR to reflect the sex offender’s status as an absconder,
or is otherwise not capable of being located, and
(v)
Enter the sex offender into the National Crime Information Center Wanted
Person File.
Failure to Register. In the event a sex offender who is required to register due to their
employment or school attendance status fails to do so or otherwise violates a registration
requirement of this code, Jefferson County shall take all appropriate follow-up measures
including those outlined in § 3.04.340(2). Jefferson County shall first make an effort to
determine if the sex offender is actually employed or attending school in lands subject to the
Tribe’s jurisdiction.
PUBLIC SEX OFFENDER REGISTRY WEBSITE
§ 3.04.350 Website
(1)
Website. Jefferson County shall use and maintain a public sex offender registry website.
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(2)
Links. The registry website shall include links to sex offender safety and education resources.
(3)
Instructions. The registry website shall include instructions on how a person can seek
correction of information that the individual contends is erroneous.
(4)
Warnings. The registry website 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.
(5)
Search Capabilities. The registry website shall have the capability of conducting searches by
(6)
Dru Sjodin National Sex Offender Public Website. The Tribe (through Jefferson County)
shall include in the design of its website all field search capabilities needed for full
participation in the Dru Sjodin National Sex Offender Public Website and shall participate in
that website as provided by the Attorney General of the United States.
(1) name; (2) county, city, and/or town; and, (3) zip code and/or geographic radius.
§ 3.04.360 Required and Prohibited Information
(1)
(2)
Required Information. The following information shall be made available to the public on the
sex offender registry website:
(a)
Notice that an offender is in violation of their registration requirements or cannot be
located if the sex offender has absconded,
(b)
All sex offenses for which the sex offender has been convicted,
(c)
The sex offense(s) for which the offender is currently registered,
(d)
The address of the sex offender’s employer(s),
(e)
The name of the sex offender including all aliases,
(f)
A current photograph of the sex offender,
(g)
A physical description of the sex offender,
(h)
The residential address and, if relevant, a description of a habitual residence of the
sex offender,
(i)
All addresses of schools attended by the sex offender, and
(j)
The sex offender’s vehicle license plate number(s) along with a description of the
vehicle(s).
Prohibited Information. The following information shall not be available to the public on the
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sex offender registry website:
(3)
(a)
Any arrest that did not result in conviction,
(b)
The sex offender’s social security number,
(c)
Any travel and immigration documents,
(d)
The identity of the victim, and
(e)
Internet identifiers (as defined in 42 U.S.C. §16911).
Witness Protection. For sex offenders who are under a witness protection program, the tribal
police may honor the request of the United States Marshals Service or other agency
responsible for witness protection by not including the original identity of the offender on the
publicly accessible sex offender registry website.
§ 3.04.370 Community Notification
(1)
(2)
Law Enforcement Notification. Whenever a sex offender registers or updates his or her
information with the Tribe, Jefferson County shall:
(a)
Immediately notify the FBI or other federal agency as designated by the Attorney
General in order that the information may be updated on NSOR or other relevant
databases,
(b)
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, police, whether BIA, tribal, or
FBI, tribal prosecutors, and tribal probation.
(c)
Immediately notify any and all other registration jurisdictions where the sex offender
is registered due to the sex offender’s residency, school attendance, or employment.
(d)
Immediately notify National Child Protection Act agencies, which includes any
agency responsible for conducting employment-related background checks under
section 3 of the National Child Protection Act of 1993 (42 U.S.C. 5119a) when a sex
offender registers or updates registration.
Community Notification. Jefferson County shall ensure there is an automated community
notification process in place that ensures the following:
(a)
Upon a sex offender’s registration or update of information with the Tribe, the Tribe’s
public sex offender registry website, which is maintained by Jefferson County, is
immediately updated,
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(b)
The Tribe’s public sex offender registry, which is maintained by Jefferson County,
has a function that enables the general public to request an e-mail notice that will
notify them when a sex offender commences residence, employment, or school
attendance with the Tribe, within a specified zip code, or within a certain geographic
radius. This email notice shall include the sex offender’s identity so that the public can
access the public registry for the new information.
IMMUNITY
(1)
No waiver of immunity. Nothing under this chapter shall be construed as a waiver of
sovereign immunity for the Hoh Tribe its departments, agencies, employees, or agents.
(2)
Good faith. Any person acting under good faith of this Title shall be immune from any civil
liability arising out of such actions.
CRIMES AND CIVIL SANCTIONS
(1)
Criminal Penalty. Each violation of a provision of this code by a sex offender who is an Indian
shall be considered a crime and subject to a period of incarceration of six months and a fine
of five hundred dollars ($500.00). An Indian who violates any provision of this code may be
subject to expulsion from all Tribal lands for a period not longer than twenty four (24)
months.
(2)
Civil Penalty. Each violation of a provision of this code by a sex offender who is not an Indian
shall be considered a civil violation subject to enforcement by any means not prohibited by
federal law, including, but not limited to the issuance of fines, forfeitures, civil contempt, and
exclusion from all Tribal lands.
(3)
Customs and traditions and banishment/exclusion/expulsion.
(4)
Hindrance of sex offender registration
(a)
A person is guilty of an offense if they:
(i)
Knowingly harbors or knowingly attempts to harbor, or knowingly assists
another person in harboring or attempting to harbor a sex offender who is in
violation of this Title;
(ii)
Knowingly assists a sex offender in eluding a law enforcement agency that is
seeking to find the sex offender to question the sex offender about, or to arrest
the sex offender for, noncompliance with the requirements of this Title; or
(iii)
Provides information to law enforcement agency regarding a sex offender
which the person knows to be false.
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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.