SEX OFFENDER REGISTRATION ACT — ORDINANCE
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SEX OFFENDER REGISTRATION ACT — ORDINANCE
ORDINANCE #11-400-11
Article I. SHORT TITLE.
1.01 Short Title. This Ordinance may be cited as the “Sex Offender Registry Ordinance” or
“SORNA.”
Article Il. FINDINGS; PURPOSE.
2.01 Findings:
a.
It is delegated responsibility, in Article IV, Section 7(a) of the constitution, “to
exercise the inherent powers of the Little River Band by establishing ordinances
through the enactment of ordinances and adoption of resolutions not inconsistent
with this Constitution:
1. To govern the conduct of members of the Little River Band and other
persons within its jurisdiction; and
2. To promote, protect and provide for public health, peace, morals,
education and general welfare of the Little River Band and its members;”
and
It is further delegated responsibility, in Article IV, Section 7(j) of the Constitution,
“to take action, not inconsistent with this Constitution or Federal law, which shall
be necessary and proper to carry out the sovereign legislative powers of the Tribe;”
and
Article IV, Section 7 of the Constitution of the Little River Band of Ottawa Indians
delegates to the Tribal Council the responsibility and authority to exercise the
inherent powers of the Little River Band by establishing laws through the enactment
of ordinances and adoption of resolutions not inconsistent with the Constitution:
1. To govern the conduct of members of the Little River Band and other
persons within its jurisdiction; and
2. To promote, protect, and provide for public health, peace, morals,
education, and general welfare of the Little River Band and its members;
and
The regulation, control, and prohibition of certain activities and conduct on the
Tribe’s reservation is necessary to protect the health, security, and general welfare
of the Tribe, its members, and the general public on the Tribe’s reservation; and
That sex offenders present a risk to reoffend and that the efforts of law enforcement
to protect the community, to conduct investigations, and to apprehend those who
commit sex offenses is impaired by the lack of information available about
individuals who have pled to, or have been found guilty of, sex offenses; and
f. That the Tribal Council has determined that the Adam Walsh Act, without Tribal
action, will result in an unprecedented expansion of state authority on Tribal lands
and that the Tribe has a compelling interest to protect Tribal sovereignty and Tribal
jurisdiction over Tribal lands; and
g. That the Tribal Council has elected to carry out the requirements of the Adam
Walsh Act as a jurisdiction subject to its provisions in accordance with Resolution #
07-0425-206, adopted on April 25, 2007; and
h. That the Tribal Council has authorized negotiations with the State of Michigan in an
effort to enter into a cooperative agreement with the State under which the Tribe
would delegate certain technical aspects of compliance with the Adam Walsh Act to
the State, and the Tribe executed such an agreement on June 23, 2009; and
i. That nothing in this ordinance shall require the Tribe to provide the State of
Michigan with information in excess of the information required by the Adam
Walsh Act and Tribal law, other than administrative information necessary for the
State of Michigan to maintain the database of sex offenders; and
j. That the Little River Band of Ottawa Indians hereby establishes its policy to assist
the efforts of federal, state, and tribal law enforcement by requiring sex offenders
who visit, reside, are employed or are students within the Territorial Jurisdiction of
the Little River Band of Ottawa Indians, or are employed by the Tribe, to notify and
register with the Little River Band of Ottawa Indians Department of Public Safety.
2.02 Purpose. The purpose of this Ordinance is to implement the federal Sex Offender
Registration and Notification Act (SORNA), Section 1 of the United States Public Law 109-248.
Little River Band of Ottawa Indians finds that sex offenders present a risk of re-offending and
that the efforts of law enforcement to protect the community, to conduct investigations and to
apprehend those who commit sex offenses is impaired by the lack of information available about
individuals who have pled to, or have been guilty of sex offenses. Accordingly, this Ordinance
establishes a registry for offenses, the requirements of registration, and what crimes a person
must register for if residing upon, visiting, are employed, or are a student within the Territorial
Jurisdiction of the Little River Band of Ottawa Indians or are employed by the Tribe. This
Ordinance shall be interpreted liberally to comply with the terms and conditions of SORNA as
presently written or hereafter amended.
Article II. DEFINITIONS
3.01 The following definitions shall apply to this Ordinance only:
a. “Abscond” means failure to register and/or to leave, flee or depart quickly and
secretly and hide oneself with intent to avoid arrest or prosecution.
b. “BIA” shall mean the Bureau of Indian Affairs.
c. “CODIS” means the Combined DNA Index System maintained by the Federal
Government.
d. “Consensual” means involving or based on mutual consent.
p.
“Conviction” or “Convicted” means that the sex offender has been or remains
subject to penal consequences based on the conviction, however it may be styled.
This term also includes convictions of juveniles who commit offenses that meet the
definition of “juvenile offenses” as defined in 3.01(t)(20).
“Department” means the Little River Band of Ottawa Indians Public Safety
Department.
“Dru Sjodin National Sex Offender Public Website” means the public website
maintained by the Attorney General of the United States pursuant to section 16920
of title 42 of the United States Code.
“Employee” includes, but is not limited to, an individual who is self-employed or
works for any other entity, regardless of compensation, including volunteers,
interns, elected or appointed Tribal officials, Tribal commission members, Tribal
committee members, and board members of any Tribal entity.
“Immediate” and “immediately” mean within three (3) days.
“Imprisonment” means incarceration pursuant to a conviction, regardless of the
nature of the institution in which the offender serves the sentence. The term is to be
broadly interpreted to include, by way of example but not as a limitation,
confinement in a state “prison” as well as in a federal, military, foreign, BIA,
private or contract facility, a local or tribal “jail”, or house arrest.
“Indian” means a person who is a member or citizen of a federally recognized
Indian Tribe.
“Indian Tribe” means any federally or state recognized tribe.
“Internet identifiers” means all electronic mail addresses, instant message addresses
and identifiers, other designations or moniker used for self-identification in internet
communications or postings, and designations used for the purpose of routing or
self-identification in internet communications or postings.
“Jurisdiction” 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 Indian Tribe that elected
to function as a SORNA registration and notification jurisdiction pursuant to PL
109-248 Section 127 (42 USC § 16927).”
“Membership-Based Jurisdiction” shall mean the inherent jurisdiction the Little
River Band of Ottawa Indians shall exercise over its members with regard to any
matter (regardless of the location of the actions giving rise to that matter)
implicating or affecting internal Tribal relations, or the Tribe’s powers of selfgovernment, or the health, safety, morals or welfare of the Tribe or its members.
This membership-based jurisdiction shall be exercised to the fullest extent
consistent with this Constitution, the sovereign powers of the Tribe, and federal law.
“Minor” means an individual who has not yet attained the age of 18 years.
“National Sex Offender Registry” or “NSOR” means the national database
maintained by the Attorney General of the United States pursuant to section 16919
of title 42 of the United States Code.
“Non-Indian” means a person who is not a member or citizen of a federally or state
recognized Indian Tribe.
“Resides” means, with respect to an individual, the location of the individual’s
home or other place where the individual habitually lives, sleeps, or camps or place
where the individual lives, sleeps, or camps for more than 7 days during any given
30 day period.
“Sex Offense” means:
1. Article XIX, section 19.01 of the Tribe’s Criminal Offenses—Ordinance
(Rape Tier III);
2. Article XIX, section 19.02 of the Tribe’s Criminal Offenses—Ordinance
(Aggravated Rape Tier III);
3. Article XIX, section 19.03 of the Tribe’s Criminal Offenses—Ordinance
(Rape of Child Tier JID;
4. Article XIX, section 19.04 of the Tribe’s Criminal Offenses—Ordinance
(Aggravated Rape of Child Tier III);
5. Article XIX, section 19.05 of the Tribe’s Criminal Offenses—Ordinance
(Child Molestation Tier III);
6. Article XIX, section 19.06 of the Tribe’s Criminal Offenses—Ordinance
(Aggravated Child Molestation Tier III);
7. Article XIX, section 19.07 of the Tribe’s Criminal Offenses—Ordinance
(Sexual Misconduct with a Child Tier ITI);
8. Article XIX, section 19.08 of the Tribe’s Criminal Offenses—Ordinance
(Aggravated Sexual Misconduct with a Child Tier IID);
9. Article XIX, section 19.09 of the Tribe’s Criminal Offenses—Ordinance
(Indecent Exposure Tier I);
10. Article XIX, section 19.10 of the Tribe’s Criminal Offenses—Ordinance
(Public Sexual Indecency to a Child Tier III);
11. Article XIX, section 19.11 of the Tribe’s Criminal Offenses—Ordinance
(Prostitution Tier J);
12. Article XIX, section 19.12 of the Tribe’s Criminal Offenses—Ordinance
(Child Prostitution Tier IID;
13. Article XIX, section 19.13 of the Tribe’s Criminal Offenses—Ordinance
(Sexual Exposure of a Child Tier III);
14.
15.
16.
17.
Article XIX, section 19.14 of the Tribe’s Criminal Offenses—Ordinance
(Sexual Abuse of a Child Tier II);
Article XIX, section 19.15 of the Tribe’s Criminal Offenses—Ordinance
(Visual Representation of a Sexual Act Involving a Child Tier III);
Article XIX, section 19.16 of the Tribe’s Criminal Offenses—Ordinance
(Incest Tier III);
Federal Offenses, including any offense later included in the definition of
“sex offense” in section 16911(5) of title 42 of the United States Code:
A.
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—
18 USC 1591 (sex trafficking of children);
18 USC 1801 (video voyeurism of a minor);
18 USC 2241 (aggravated sexual abuse by force of threat of force,
by other means, or with children);
18 USC 2242 (sexual abuse);
18 USC 2243 (sexual abuse of a minor or ward);
18 USC 2244 (abusive sexual contact);
18 USC 2245 (sexual offenses resulting in the death of the victim);
18 USC 2251 (sexual exploitation of children—producing child
pornography);
18 USC 2251A (selling or buying of children with knowledge of or
for the purpose of producing child pornography);
18 USC 2252 (material involving the sexual exploitation of a
minor—-selling or buying child pornography);
18 USC 2252A (material containing child pornography;
18 USC 2252B (misleading domain names on the internet with the
intent to deceive a person into viewing obscene material);
18 USC 2252C (misleading words or digital images on the internet
with the intent to deceive a person into viewing obscene material);
18 USC 2260 (production of sexually explicit depictions of a minor
for import into the United States);
18 USC 2421 (transportation of a minor for illegal sexual activity);
18 USC 2422 (coercion and enticement of a minor for illegal
sexual activity);
18 USC 2423 (transportation of minors with intent to engage in
criminal sexual activity or engaging in illicit sexual conduct in a
foreign place);
5
R. 18 USC 2424 (failure to file factual statement about an alien
individual who is kept for the purpose of prostitution);
S. 18 USC 2425 (transmitting information about a minor to further
criminal sexual conduct).
18. “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 year in which the conviction occurred.
19. “Military Offenses” Any conviction for a military offense specified by the
Secretary of Defense under section 115(a)(8)(C)() of Public Law 105-119
(codified at 10 USC 951 note).
20. “Juvenile offenses or adjudications” A conviction for a sex offense, that
is comparable to or more severe than the federal crime of aggravated sexual
abuse (as codified in 18 USC 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.
21. “Jurisdiction offenses” Any conviction committed in a Jurisdiction,
including the 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;
Use of a minor in a sexual performance;
Solicitation of a minor to practice prostitution;
Possession, production, or distribution of child pornography;
“tO
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
u.
aa.
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; or
K. Any offense similar to those defined in sections 1591, 1801, 2241,
2242, 2244, 2422(b), and 2423(a) of title 18 of the United States
Code
“Attempts” and “conspiracies” Any attempt or conspiracy of any of the crimes
listed in this definition.
“Sex offender” means a person convicted of a sex offense.
“Sex Offender Registry” means the registry of sex offenders, and the notification
program, maintained by the Little River Band of Ottawa Indians and the State of
Michigan pursuant to an agreement executed June 23, 2009.
“Sexual Act” means:
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 penis, the mouth and the vulva, or the
mouth and anus;
3. 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, degraded, or arouse or gratify the sexual desire of any person;
4. 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 desires of
any person.
“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 an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual
desires of any person.
“SORNA” means the Sex Offender Registration and Notification Act, Title I of the
Adam Walsh Child Protection and Safety Act of 2006 P.L. 109-248, being 42 USC
16911 ef. seq., as amended.
“Student” means a person who enrolls in or attends an educational institution
within the Territorial Jurisdiction of the Little River Band of Ottawa Indians,
including a secondary school, trade or professional school, or an institution of
higher education, or is an intern or extern.
bb.
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dd.
ee.
ff.
88.
“Temporary lodging” means any home, place, or location where a sex offender
lives, sleeps, or camps while he or she is away from his or her residence for 7
consecutive days or more.
“Territorial Jurisdiction.” The territorial jurisdiction of the Little River Band of
Ottawa Indians shall encompass all lands which are now or hereinafter owned by or
reserved for the Tribe or for Tribal members, including but not limited to the
Manistee Reservation in Manistee County (Michigan), and Custer and Eden
Townships in Mason County (Michigan), or are held in trust for the Tribe or any
member of the Tribe by the United States of America. The Tribe’s territorial
jurisdiction shall be exercised to the fullest extent consistent with this Constitution,
the sovereign powers of the Tribe, and federal law.
“Tribal Court’ means the Little River Band of Ottawa Indians Tribal Court.
“Tribal Member” means a person who is an enrolled member of the Little River
Band of Ottawa Indians.
“Tribe” means the Little River Band of Ottawa Indians and any Tribal entity.
“Visitor” means any person within the Territorial Jurisdiction of the Little River
Band of Ottawa Indians who is not a resident.
Article I[V. OFFENSES THAT REQUIRE A PERSON TO REGISTER
4.01 Covered Offenses. Individuals who reside, are students, or are employed within the
Territorial Jurisdiction of the Little River Band of Ottawa Indians, as well as individuals who are
employed by the Tribe, shall immediately register under this Ordinance with the Tribe if they
have been convicted of a Sex Offense, or an attempt or conspiracy to commit a Sex Offense.
4.02 Exceptions. Individuals convicted of the following Sex Offenses need not register:
a.
Offenses involving consensual sexual conduct. A conviction for an offense
involving consensual sexual conduct does not require registration under this
Ordinance 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 years old and the offender was not more than four years older than the
victim.
Article V. TIERED OFFENSES
5.01 Tier 1 Offenses include the following:
a.
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;
Any offense for which a person has been convicted by any Jurisdiction that involves
the false imprisonment of a minor, video voyeurism of a minor, or possession or
receipt of child pornography;
All first convictions of Sex Offenses under the Tribal Criminal Code;
A conviction for any of the following:
8
18 USC 1801 (video voyeurism of a minor);
18 USC 2252 (receipt or possession of child pornography);
18 USC 2252A (receipt or possession of child pornography);
18 USC 2252B (misleading domain names on the internet);
18 USC 2252C (misleading words or digital images on the internet);
18 USC 2423(d) (transportation of persons (adults) ancillary offenses);
18 USC 2422(a) (coercion to engage in prostitution);
18 USC 2423(b) (travel with the intent to engage in illicit conduct);
18 USC 2423(c) (engaging in illicit conduct in foreign places);
. 18 USC 2424 (failure to file factual statement about an alien individual);
11.
18 USC 2425 (transmitting information about a minor to further criminal
sexual conduct).
e. A conviction for any military offense specified by the Secretary of Defense under
section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 USC 951 note) that is
similar to the convictions for offenses listed in Section 5.01 a, b, and c of this
Ordinance.
5.02 Tier 2 offenses include the following:
a. Unless it constitutes a Tier 3 Offense, any conviction for a sex offense that is not the
first sex offense for which a person has been convicted.
b. A-conviction for any sex offense against a minor, or an attempt or conspiracy to
commit such an offense, that involves:
1.
2
3.
4
5.
6.
The use of minors in prostitution, including solicitations;
Enticing a minor to engage in criminal sexual activity;
A non-forcible sexual act with a minor 16 or 17 years of age;
Sexual contact with a minor 13 years of age or older, whether directly or
indirectly through the clothing, that involved the intimate parts of the
body;
The use of a minor in a sexual performance; or,
The production or distribution of child pornography.
c. Aconviction for any of the following:
1.
des
18 USC 1591 (sex trafficking by force, fraud, coercion);
18 USC 2423(d) (transportation of persons (minors) ancillary offenses);
5.03
3. 18 USC 2244 (abusive sexual contact, where the victim is 13 years of age
or older);
18 USC 2251 (sexual exploitation of children);
18 USC 2251A (selling or buying of children);
18 USC 2252 (material involving the sexual exploitation of a minor);
a af
18 USC 2252A (production or distribution of material containing child
pornography);
8. 18 USC 2260 (production of sexually explicit depictions of a minor for
import into the United States);
9. 18 USC 2421 (transportation of a minor for illegal sexual activity);
10. 18 USC 2422(b) (coercing a minor to engage in prostitution);
11. 18 USC 2423(a) (transportation of minors for illegal sexual activity);
d. Aconviction for any military offense specified by the Secretary of Defense under
section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 USC 951 note) that is
similar to those offenses outlined in Section 5.02 a, b, and c of this Ordinance.
Tier 3 Offenses include the following:
a. Acconviction for any sex offense that is punishable by more than one year in jail
where the offender has a least one prior conviction for a Tier 2 Offense as defined
by this Ordinance.
b. A conviction for any sex offense or an attempt or conspiracy to commit such an
offense, that involves:
1. Non-parental kidnapping of a minor;
2. Asexual 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 appraising the
nature of the conduct or declining to participate; or,
4. 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.
c. Aconviction for any of the following:
1. 18 USC 2241 (aggravated sexual abuse);
2. USC 2242 (sexual abuse);
3. 18 USC 2243 (sexual abuse of a minor or ward); or
10
e.
4. 18 USC 2244 if the victim is 12 years of age or younger (abusive sexual
contact).
A conviction for any military offense specified by the Secretary of Defense under
section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 USC 951 note) that is
similar to those offenses outlined in Section 5.03 a and b of this Ordinance.
A second conviction of a Sex Offense under the Tribal Criminal Code.
Article VI. REGISTRATION
6.01 When required. A sex offender must register with the Tribe if:
a.
The sex offender was convicted by the Tribal Court of a sex offense regardless of
the sex offender’s actual or intended residency.
If the sex offender is incarcerated by the Tribe while completing any sentence for a
sex offense, regardless of whether it is the same Jurisdiction as the Jurisdiction of
conviction or residence.
If the sex offender resides within the Territorial Jurisdiction of the Little River Band
of Ottawa Indians.
If the sex offender is employed by the Tribe, or any of its Enterprises, in any
capacity.
If the sex offender is employed within the Territorial Jurisdiction of the Little River
Band of Ottawa Indians, regardless of the employer.
If the sex offender is a student in any capacity within the Territorial Jurisdiction of
the Little River Band of Ottawa Indians.
6.02 Timing. A sex offender required to register shall do so in the following timeframe:
a.
If convicted by the Tribe for a sex offense and incarcerated, the sex offender must
register before being released from imprisonment.
If convicted by the Tribe for a sex offenses and not incarcerated, the sex offender
must register immediately after sentencing for the sex offense.
If the sex offender establishes a residence within the Territorial Jurisdiction of the
Little River Band of Ottawa Indians, the sex offender must register immediately.
If the sex offender becomes employed by the Tribe in any capacity or commences
employment within the Territorial Jurisdiction of the Little River Band of Ottawa
Indians, the sex offender must register immediately.
If the sex offender becomes a student within the Territorial Jurisdiction of the Little
River Band of Ottawa Indians, the sex offender must register immediately.
6.03 Keeping registration current. All sex offenders required to register under this Ordinance
shall immediately appear in person to update any changes to their name, residence, employment,
student status, or termination of residence. In addition, the sex offender must keep his or her
registration current in the following manner:
11
All sex offenders required to register under this Ordinance shall immediately inform
the Tribe of any changes to their temporary lodging information (as described in
Section 10.21 of this Ordinance), vehicle information, internet identifiers, or
telephone numbers. In the event of a change in temporary lodging of over 7 days (in
accordance with the Michigan Criminal Code, as amended), the sex offender and
the Tribe shall immediately notify the Jurisdiction in which the sex offender will be
temporarily staying.
If the sex offender intends to travel or otherwise relocate outside of the United
States, the sex offender must inform the Tribe at least 21 days in advance of such
travel. The Tribe shall immediately notify any other Jurisdiction where the sex
offender is registered or is required to register and immediately notify the United
States Marshals Service and update NSOR.
A sex offender who is a student within the Territorial Jurisdiction of the Little River
Band of Ottawa Indians that changes schools, or otherwise terminates schooling,
shall immediately and in person update that information. The Tribe 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, are immediately
notified of the change.
A sex offender who is employed by the Tribe or is otherwise employed within the
Territorial Jurisdiction of the Little River Band of Ottawa Indians that changes
employment, or otherwise terminates employment, shall immediately and in person
update that information. The Tribe 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, are immediately notified of the change.
6.04 Tribal Duties. When a sex offender initially registers or changes his or her information,
the Tribe shall do the following:
a.
When a sex offender initially registers with the Tribe, the Tribe shall inform the sex
offender of his or her duties under SORNA and shall require the sex offender to
read and sign an acknowledgement form that states that the duty to register has been
explained and that the sex offender understands the registration obligations under
SORNA. The form shall be signed and dated by the Tribal personnel registering the
sex offender. This form shall be referred to as the “Sex Offender Acknowledgement
Form”.
The Tribe shall ensure the sex offender’s registration information is submitted to
both the Tribe’s sex offender management system and the Michigan Public Sex
Offender Registry.
The Tribe shall ensure the sex offender’s registration information is available on the
LRBOI public website.
When a sex offender initially registers or changes their information, the Tribe shall
immediately notify:
12
1. All Jurisdictions where a sex offender intends to reside, work, or become a
student;
2. Any Jurisdiction where the sex offender is either registered or required to
register; and
e. Specifically with respect to information relating to a sex offender’s intent to
commence residence, student status, or employment outside of the United States,
any Jurisdiction where the sex offender is either registered or required to register,
and the United States Marshals Service. The Tribe shall also ensure this
information is immediately updated on NSOR.
Article VII. FREQUENCY, DURATION, AND REDUCTION OF REGISTRATIONS.
7.01 Frequency. A sex offender who is required to register under this Ordinance shall, at a
minimum, appear in person for purposes of verification and keeping their registration current in
accordance with the following time frames:
a. For Tier 1 offenders, once every year for 15 years from the time of release from
custody for a sex offender who is incarcerated for the sex offense or from the date
of sentencing for a sex offender who is not incarcerated for the sex offense
b. For Tier 2 offenders, once every 180 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 sex offense.
c. For Tier 3 offenders, once every 90 days for the rest of their lives
7.02 Reduction in Registration Periods. A sex offender’s registration and notification
requirements shall be terminated only if the following conditions are met.
a. Tier 1 Sex Offender.
1. Ifa Tier 1 sex offender maintains a clean record for 10 years, then the sex
offender’s registration requirements shall be terminated. A clean record
includes the following:
A. Not being convicted of any offense for which imprisonment for
more than 1 year may be imposed;
B. Not being convicted of any sex offense or other crimes involving
violence;
C. Successfully completing all periods of supervised release,
probation, and parole; and
D. Successfully completing of an appropriate sex offender treatment
program certified by a Jurisdiction or by the Attorney General.
b. Tier 3 Offender.
1. Ifa Tier 3 juvenile sex offender is required to register based on a
delinquency adjudication for an offense that required Tier 3 registration
13
maintains a clean record for 25 years, then the sex offender’s registration
and notification requirements shall be terminated. A clean record includes
the following:
A. Not being convicted of any offense for which imprisonment for
more than 1 year may be imposed
B. Not being convicted of any sex offense;
C. Successfully completing any periods of supervised release,
probation, and parole; and
D. Successfully completing of an appropriate sex offender treatment
program certified by a Jurisdiction or by the Attorney General.
Article VI. RETROACTIVE REGISTRATION
8.01 The Tribe shall have in place policies and procedures to ensure the following three
categories of sex offenders are subject to the requirements of this Ordinance:
a. Sex offenders incarcerated or under the supervision of the Tribe, whether for a
covered sex offense or other crime; and
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 felony.
8.02 Timing. The Tribe shall ensure the registration of the sex offenders referenced in this
Article within the following timeframe to be calculated from the date of this Ordinance’s
effective date:
a. For Tier 1 sex offenders, 1 year;
b. For Tier 2 sex offenders, 180 days; and
c. For Tier 3 sex offenders, 90 days.
Article IX. FAILURE TO APPEAR OR FAILURE TO REGISTRER
9.01 Failure to appear. In the event a sex offender fails to register as required by this
Ordinance, the Tribe shall immediately inform the Jurisdiction that provided notification that the
sex offender was to commence residency, employment, or become a student within the
Territorial Jurisdiction of the Little River Band of Ottawa Indians that the sex offender failed to
appear for registration.
9.02 Absconded sex offenders. If the Tribe receives information that a sex offender has
absconded, the Tribe shall make an effort to determine if the sex offender has actually
absconded.
a. Inthe event the Tribe cannot determine if the sex offender absconded, the Tribe
shall ensure that all appropriate law enforcement agencies are notified.
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b. Ifthe information indicating the possible absconding came through notice from
another jurisdiction, they shall be informed that the sex offender has failed to appear
and register.
c. Ifanabsconded sex offender cannot be located, then the Tribe shall take the
following steps:
1. Update the registry to reflect the sex offender has absconded or is
otherwise not capable of being located;
2. Notify the United States Marshals Service;
3. Seek a warrant for the sex offender’s arrest. The United States Marshals
Service or FBI may be contacted in an attempt to obtain a federal warrant
for the sex offender’s arrest;
4. Update the NSOR to reflect the sex offender’s status as an absconder, or is
otherwise not capable of being located; and,
5. Enter the sex offender into the National Crime Information Center Wanted
Person File.
9.03 Failure to register. In the event a sex offender who is required to register due to their
residence, employment, or status as a student fails to do so or otherwise violates a registration
requirement of this code, the Tribe shall take all appropriate follow-up measures including those
outlined in Section 9.02 of this Ordinance. The Tribe shall first make an effort to determine if
the sex offender actually resides, is actually employed by the Tribe, or is employed or a student
within the Territorial Jurisdiction of the Little River Band of Ottawa Indians.
Article X. REQUIRED INFORMATION
10.01 A sex offender required to register under this Ordinance shall provide all of the
information detailed in this Article to the Tribe. All information obtained by the Tribe pursuant
to this Ordinance shall be maintained in a digitized format, and the Tribe shall maintain a
registry in an electronic database in a form capable of electronic transmission.
10.02 Name. The Tribe shall obtain, and a sex offender required to register under this
Ordinance shall provide, the following information related to the sex offender’s name:
a. The sex offender’s full primary given name;
b. All nicknames, aliases, and pseudonyms used by the sex offender, regardless of the
context in which it is used; and,
c. 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.
10.03 Information about the sex offense. The Tribe shall obtain the text of each provision of
law defining the sexual offense for which the sex offender is registered under this Ordinance.
10.04 Criminal history. The Tribe shall obtain, and a sex offender required to register under
this Ordinance shall provide, the following information related to the sex offender’s criminal
history:
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a. The date of all arrests;
b. The date of all convictions;
c. The sex offender’s status of parole, probation, or supervised release;
d. The sex offender’s registration status; and
e. Any outstanding arrest warrants.
10.05 Date of birth. The Tribe shall obtain, and a sex offender required to register under this
Ordinance shall provide, the following information related to the sex offender’s date of birth:
a. The sex offender’s actual date of birth; and
b. Any other date of birth used by the sex offender.
10.06 DNA sample. If the sex offender’s DNA is not already contained in the CODIS, the
Tribe shall obtain, and a sex offender required to register under this Ordinance shall provide, a
sample of the sex offender’s DNA. Any DNA sample obtained shall be submitted to an
appropriate lab for analysis and entry of the resulting DNA profile in to CODIS.
10.07 Driver’s license. The Tribe shall obtain, and a sex offender required to register under this
Ordinance shall provide, a photocopy of all of the sex offender’s valid driver’s licenses issued by
any Jurisdiction.
10.08 Identification Cards. The Tribe shall obtain, and a sex offender required to register under
this Ordinance shall provide, a photocopy of any identification card including the sex offender’s
tribal enrollment card issued by any jurisdiction.
10.09 Passports. The Tribe shall obtain, and a sex offender required to register under this
Ordinance shall provide, a photocopy of any passports used by the sex offender.
10.10 Immigration documents. The Tribe shall obtain, and a sex offender required to register
under this Ordinance shall provide, a photocopy of any and all immigration documents.
10.11 Employment information. The Tribe shall obtain, and a sex offender required to register
under this Ordinance shall provide, the following information related to the sex offender’s
employment, to include all places where the sex offender is employed:
a. The name of the sex offender’s employer;
b. The address of the sex offender’s employer; and
c. Similar information related to any transient or day labor employment.
10.12 Finger and palm prints. The Tribe shall obtain, and a sex offender required to register
under this Ordinance shall provide, both finger prints and palm prints of the sex offender in a
digitized format. The Tribe shall submit the fingerprints to the Integrated Automated Fingerprint
Identification System and the palm prints to the FBI Central Database (Next Generation
Identification Program). In the event that a sex offender has missing or deformed fingers or
palms, the Tribe shall make every attempt to record the available fingerprint and/or palm areas
and shall note any absence or deformity in the relevant fingerprint or palm block (e.g.,
amputated, missing at birth, crippled, etc.).
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10.13 Internet names. The Tribe shall obtain, and a sex offender required to register under this
Ordinance shall provide, all information related to the sex offender’s internet identifiers
including:
a. Any and all email addresses used by the sex offender;
b. Any and all Instant Message addresses and identifiers;
c. Any and all other designations or monikers used for self-identification in internet
communications or postings; and
d. Any and all designations used by the sex offender for the purpose of routing or selfidentification in internet communications or postings, including but not limited to
social network identifications, twitter accounts, online video game profiles, video
posting site identifications such as YouTube, etc.
10.14 Phone numbers. The Tribe shall obtain, and a sex offender required to register under this
Ordinance shall provide, the following information related to the sex offender’s telephone
numbers:
a. All telephone numbers and any other designations used by the sex offender for
purposes of routing or self-identification in telephonic communications;
b. All land line telephone numbers commonly used by the sex offender;
c. All cellular telephone numbers commonly used by the sex offender; and
d. Any and all voice over IP (VOIP) telephone numbers.
10.15 Photograph. The Tribe shall obtain, and a sex offender required to register under this
Ordinance shall provide, a current photograph of the sex offender. 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 180 days for Tier 2 sex offenders; and,
c. Every year for Tier 1 sex offenders.
10.16 Physical Description. The Tribe shall obtain, and a sex offender required to register under
this Ordinance shall provide, an accurate description of the sex offender as follows:
a. A physical description;
b. A general description of the sex offender’s physical appearance or characteristics;
and,
c. Any identifying marks, such as, but not limited to, scars, moles, birthmarks, or
tattoos.
10.17 Professional licensing information. The Tribe shall obtain, and a sex offender required to
register under this Ordinance 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.
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10.18 Residence address. The Tribe shall obtain, and a sex offender required to register under
this Ordinance shall provide, the following information related to the sex offender’s residence:
a. The address of each residence at which the sex offender resides or will reside; and
b. 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 or address.
10.19 School. The Tribe shall obtain, and a sex offender required to register under this
Ordinance shall provide, the following information related to the sex offender’s school:
a. The address of each school where the sex offender is currently a student;
b. The address of each school where the sex offender will be a student;
10.20 Social security number. The Tribe shall obtain, and a sex offender required to register
under this Ordinance shall provide, the following information:
a. A valid social security number for the sex offender; and
b. Any social security number the sex offender has used in the past, valid or otherwise.
10.21 Temporary lodging information. The Tribe shall obtain, and a sex offender required to
register under this Ordinance shall provide, the following information when the sex offender will
be absent from the sex offender’s residence for 7 days or more:
a. Identifying information of the temporary lodging locations, including addresses and
names; and
b. The dates the sex offender will be staying at each temporary lodging location. “The
registered sex offender shall provide the information in Section 10.21 (a) and (b) no
later than 3 business days before his scheduled travel. The information shall be
provided in person.
10.22 Vehicle information. The Tribe shall obtain, and a sex offender required to register under
this Ordinance 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 identifiers;
c. General description of the vehicle to include color, make, model, and year; and
d. Any permanent or frequent location where any covered vehicle is kept.
10.23 In person appearance requirements. At each in person verification, as explained in
Article 7 of this Ordinance, the sex offender shall:
a. Permit the Tribe to take a photograph of the sex offender; and,
b. Review existing information for accuracy and update the information as needed.
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10.24 Notification of Jurisdictions. If, during an in-person verification, any new information or
change in information is obtained by the Tribe, the Tribe shall immediately notify all other
Jurisdictions in which the sex offender is required to register of the information or change in
information.
10.25 In order to ensure that this provision is complied with by individuals who are employed
within the Territorial Jurisdiction of the Little River Band of Ottawa Indians, each Tribal entity
shall develop appropriate procedures that notify all contractors that the Tribe has adopted a
Tribal Sex Offender Registration and Notification Ordinance and that each contractor must
notify its employees that they may be required to register under this Ordinance, notwithstanding
whether such employees are registered in another jurisdiction.
Article XI. PUBLIC SEX OFFENDER REGISTRY WEBSITE
11.01 Website. The Tribe shall use and maintain a public sex offender registry website.
11.02 Links. The registry website shall include links to sex offender safety and education
resources.
11.03 Instructions. The registry website shall include instructions on how a person can seek
correction of information that the individual contends is erroneous.
11.04 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.
11.05 Search capabilities. The registry website shall have the capability of conducting searches
by (1) name; (2) county, city, and/or town; and, (3) zip code and/or geographic radius.
11.06 Dru Sjodin National Sex Offender Public Website. Any website utilized by the Tribe
shall include 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.
11.07 Information available to public. The following information shall be made available to the
public on the sex offender registry website:
a. Notice that a sex 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 or offenses for which the offender is currently registered;
d. The address of the sex offender’s employer or employers;
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;
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h. The residential address and, if relevant, a description of a habitual residence of the
sex offender;
i. Vehicle license plate numbers, along with a description of any vehicle owned or
operated by the sex offender.
11.08 Prohibited information. The following information shall not be available to the public on
the sex offender registry website:
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 any victim;
e. Internet identifiers, as defined in 42 USC 16911;
f. Ifasex offender is under a witness protection program, the Tribe 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.
Article XII. COMMUNITY NOTIFICATION
12.01 Law enforcement notification. Whenever a sex offender registers or updates their
information under this Ordinance, the Tribe shall:
a. Comply with any guidance provided by the SMART Office on the monitoring
’ and/or utilizing of the SORNA Exchange Portal for inter-jurisdictional change of
residence, employment, or student status;
b. 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;
c. 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 following agencies,
departments, or programs, who shall be responsible for notifying individuals who
may come into contact with the offender:
1. Office of the Tribal Prosecutor;
Department of Public Safety;
Department of Family Services;
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4. The Binojeeuk Commission;
5. Child Protection Team;
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Housing Department;
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7. Gaming Commission;
8. Peacemaking and Probation Department;
9. Education Department;
10. Historic Preservation Department; and
11. Natural Resources Department
d. Immediately notify all Jurisdictions where the sex offender is registered due to the
sex offender’s residency, employment, or status as a student;
e. 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 199, (42 USC 5119a) when a sex
offender registers or updates registration; and
f. Immediately enter or update information posted on the public website.
12.02 Community notification. The Tribe shall ensure that there is an automated community
notification process in place that ensures the following:
a. Upona sex offender’s registration or update of information under this Ordinance,
the website referenced in this Ordinance is immediately updated;
b. The registry may have a function that enables the general public to request an
electronic mail notice that will notify them when a sex offender commences
residence, employment, or becomes a student within the Territorial Jurisdiction of
the Little River Band of Ottawa Indians, within a specified zip code, or within a
certain geographic radius. The electronic mail notice shall include the sex offender’s
identity so that the public can access the public registry for the new information.
c. The Tribe preserves the right to have the notification system automatically notify
Tribal Members, or any portion thereof, upon a sex offender’s registration or update
of information under this Ordinance.
Article XIII. NOTIFICATION OF PRESENCE
13.01 Ifasex offender is not otherwise registered with the Tribe and enters into the Territorial
Jurisdiction of the Little River Band of Ottawa Indians, the sex offender must notify the Tribe
within 72 hours of his or her presence in the Territorial Jurisdiction.
13.02 The Tribal Public Safety Department shall promulgate rules to implement this Article.
Article XIV. CRIMINAL AND CIVIL SANCTIONS
14.01 Each violation of a provision of this Ordinance by a sex offender who is an Indian shall
be considered a crime and subject to a period of incarceration of one (1) year and a fine of five
thousand dollars ($5,000) or both.
14.02 Each violation of a provision of this Ordinance 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, and/or civil contempt.
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14.03 A person is guilty of an offense if:
a. 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
Ordinance;
b. 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 Ordinance; or
c. Provides information to law enforcement agency regarding a sex offender which the
person knows to be false.
Article XV. EXCLUSION
15.01 Any non-Tribal Member sex offender within the boundaries of the Territorial Jurisdiction
may be excluded from the Territorial Jurisdiction of the Little River Band of Ottawa Indians
pursuant to the Ogema’s authority under the Tribe’s Constitution, art. V., sec. 5 or by Tribal
Court Order. The exclusion order shall contain the following exemptions:
a. To answer a summons or subpoena by the Tribal Court.
b. To bea defendant before the Tribal Court.
15.02 Any non-Tribal Member sex offender excluded from the Territorial Jurisdiction of the
Little River Band of Ottawa Indians who must return pursuant to an exception must notify the
Tribe no less than seven (7) business day prior to their return to tribal lands.
15.03 Any Tribal Member who has been convicted of a Tier III sex offense may be excluded
from residing within the Territorial Jurisdiction of the Little River Band of Ottawa Indians
pursuant to the Ogema’s authority under the Tribe’s Constitution, art. V, sec. 5 or by Tribal
Court Order, and may be excluded from Territorial Jurisdiction of the Little River Band of
Ottawa Indians pursuant to this Ordinance. The exclusion order shall contain the following
exemptions:
a. To answer a summons or subpoena by the Tribal Court.
b. To be a defendant before the Tribal Court.
c. To attend funerals of immediate family members.
d. To vote.
e. To access other direct services provided to Tribal Members
15.04 Any Tribal Member sex offender excluded from the Territorial Jurisdiction of the Little
River Band of Ottawa Indians who must return pursuant to an enumerated exception must notify
the Tribe no less than seven (7) day prior to their return to tribal lands.
Article XVI. REGULATIONS
16.01 Any regulations or policies or procedures issued consistent with this Ordinance shall
require approval by the Tribal Council.
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Article XVII. SOVEREIGN IMMUNITY
17.01 No waiver. Nothing in this Ordinance shall be construed as a waiver of sovereign
immunity for the Tribe, its departments, agencies, employees, or agents.
Article XVIII. SAVINGS CLAUSE; CONFLICTS
18.01 In the event that any section, subsection or phrase of this Ordinance is found by a court of
competent jurisdiction to violate the Constitution or laws of the Tribe, such part shall be
considered to stand alone and be deleted from this Ordinance, the entirety of the balance of the
Statute to remain in full and binding force and effect so long as the overall intent of the
Ordinance remains intact.
18.02 If any provision of this Ordinance conflicts with another Tribal Ordinance, the provisions
of this Ordinance shall govern.
Article XIX. COMMUNITY SAFETY ZONE
19.01 Any individual required to register as a sex offender in any jurisdiction shall maintain a
minimum of 100 feet distance (“Community Safety Zone”) from any event or activity on Tribal
property where children under the age of eighteen (18) may be or are presumed to be present and
shall not be present at the Tribal Gathering Grounds or any Tribal playground at any time. This
includes participation in activities where a registered sex offender’s own child is participating.
a. Exemptions from Community Safety Zone:
1. The Little River Band of Ottawa Indians Little River Casino Resort except
the RV Park, the RV playground, and any pool. Offenders are not permitted
to attend any child-oriented event (i.e. the Tribal Children’s Christmas party)
at the Little River Casino Resort;
2. Funeral and memorial services that take place at a location other than the
Tribal Gathering Grounds; and
3. Spring and Fall Tribal membership meetings.
19.02 Section 19.01 is not intended to control activities conducted within private residences.
19.03 Posting Requirements for Sex Offender Rules:
a. How Sex Offender Rules Must Be Posted:
1. The Tribal Gathering Grounds welcome sign must include language that
informs Offenders, both Tribal members and non-Tribal members, that
Offenders are not permitted on Tribal Gathering Ground property
2. All other postings shall at least include the language: “Tribal Ordinance
#11-400-11 and Michigan State Act 295 of 1994 are enforced on this
property. For more information regarding notification and registration
requirements, please contact the Tribal Department of Public Safety.”
b. Where Sex Offender Rules Must Be Posted:
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1. The Sex Offender Rules must be posted at the Little River Casino Resort
entrances;
2. On the Little River Casino Resort hotel invoice receipts;
3. On public bulletin boards at all Tribal Government buildings; and
4. At the Office of the Prosecutor and the Department of Public Safety.
Article XX. Effective Date
20.01 Ordinance shall be effective upon the date identified in the Tribal Council Resolution
authorizing final approval of this Ordinance.
CERTIFICATION
I, Joseph Riley II, Tribal Council Recorder, do hereby certify that this is a true and correct copy. Ordinance
#11-400-11 adopted by the Tribal Council on August 17, 2016 by Resolution #16-0817-237.
Josep Rileg, UL Tribal Council Recorder
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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.