Little Traverse Bay Bands of Odawa Indians (2012)

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Waganakising Odawak

Little Traverse Bay Bands of Odawa Indians

7500 Odawa Circle, Harbor Springs, Michigan 49740

Phone 231-242-1418 • Fax 231-242-1411

SEX OFFENDER REGISTRATIONAND NOTIFICATION POLICY

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Background Information Regarding the Little Traverse Bay Bands of Odawa Indians

The Constitution of the Little Traverse Bay Bands of Odawa Indians (LTBB or

Tribe) was adopted on February 1, 2005 as an act of inherent self-governance

pursuant to the government-to-government relationship that was reaffirmed by the

United States Congress on September 21, 1994 in Public Law 103-324. It is

important for the implementation of SORNA to notice that the LTBB Constitution

created a separation of powers and functions, one being the Judicial, Article

IX(A); where the Constitution states, "The judicial power of the Little Traverse

Bay Bands of Odawa Indians shall be vested in the Tribal Court system. The

Tribal Court system shall be composed of a court of general jurisdiction (referred

to as the "Tribal Court"), an appellate court (referred to as the "Tribal Appellate

Court") and such lower courts as the Tribal Council may establish upon written

recommendation from the Tribal Judiciary." See Attachment A.

The Tribe's reservation area encompasses approximately 336 square miles of land

within Emmet and Charlevoix Counties in northern Lower Michigan. Listed

below are the Tribal properties which include but are not limited to properties

within the exterior boundaries of the reservation on property owned by the Tribe

in fee or trust, regardless of location that are dispersed throughout this mapped

area. There are also properties owned by the Tribe in fee or trust which are not

located within the exterior reservation boundaries. See Attachment B.

•

Government Building

Old Casino Site Building

Odawa Casino

Odawa Hotel

Health Clinic

Human & Social Services Building

Department of Commerce, Geographical Information Systems, Planning,

Legal Offices Building

• Odawa Casino Resort Administration Building

• Wah-wahs-no-de-ke Housing Development

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•

Mtigwaakiis Housing Development

Drier Road Parcel (Future Fish Hatchery)

Nine Mile Point (Fishing Access)

Taimi Hoag Nature Preserve

Cross Village (Waterfront Park and Boat Launch)

Beaver Island Dock

Traditional Pow Wow Grounds

Waawaahkesh Wild Area Open Space

St. Martin's Island (Safe Harbor and Biological Research)

Biindigen (Convenience Gas / Store)

Vacant Lot (next to Biindigen)

Mill Street Lot (House)

Nicolet Drive (Future Development)

Former Kings Inn Motel (Future Development)

Vacant Parcels North and South of Former Kings Inn (Future Development)

Washington Street (House)

Odawa Fishery, Inc.

Harbor Springs Parcel (Indian Town)

Petoskey DayCare Facility

LTBB has 4,531enrolled Tribal citizens as of 07/12/12, with approximately 1075

Tribal citizens currently living within the reservation area. The LTBB Department

of Commerce (DOC) reports that there are 34 businesses registered, 11 Tribal

DBA's,3 and 12 businesses incorporated under the Tribal Comprehensive.

Business Codes, WOS 2003-07. The types of businesses recorded by the LTBB

DOC include Economic Development, Retailing, Cleaning, Designing, and

Construction. The LTBB DOC supplies all businesses with the Michigan State

Police Form DD-4A (7/11), Explanation of Duties to Register as A Sex Offender.

Other businesses within the reservation area but not on lands owned by LTBB

vary vastly with many retail merchants, some production facilities (factories),

restaurants, health providers (including a hospital and emergency responders),

Michigan State Police, Emmet County Sheriffs Department, Petoskey

Department of Public Safety, Harbor Springs Police Department, motels, hotels,

country clubs, golf courses, farming, industrial and construction services, and real

estate, etc. The obligation of how these businesses will notify employees to

requirements, handbooks, policies, signed acknowledgments and the like. The

reservation area is a resort area by nature, being on the shoreline of Little

Traverse Bay of Lake Michigan and in the proximity of three ski resorts and many

other areas of vacationing interests. According to the latest census report the

population in Emmet County, where the majority of the reservation area exists, is

31,437 and that there is the potential of a 7% increase in population during

seasonal months of April through July. In the Emmet and Charlevoix county

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reservation area there are eighteen (18) K-12 schools with a total of

approximately 6,000 students.

LTBB Criminal Justice and Law Enforcement Infrastructure.

Pursuant to PL 93-638 LTBB has had a Law Enforcement Department

established since 1997. In 2000, LTBB Law Enforcement executed

deputation agreements with Emmet and Charlevoix County Sheriff's

Offices. These agreements have been maintained since their inception. See

Attachments C and D. In 2001, LTBB Law Enforcement was

commissioned by the Bureau of Indian Affairs through a federal

deputation with BIA District One for federal enforcement authority on the

property owned by the Tribe in fee or trust, regardless of the location. See

Attachment E. In 2009,,LTBB Law Enforcement executed a

Memorandum of Agreement with the Michigan Department of State

Police and the Little Traverse Bay Bands of Odawa Indians (MSP MOA)

to set forth the conditions and responsibilities of the parties concerning the

use of the Michigan Sex Offender Registry by the Tribe in order to

facilitate satisfying the Tribe's responsibilities under SORNA. See

Attachment F.

The LTBB Law Enforcement has Officers on duty 24/7 that includes a

maimed Dispatch Office and approximately eleven (11) full-time

officers who are State of Michigan certified and fully empowered through

all three Deputation Agreements in the reservation area. The chain of

command structure is set up the same as any other law enforcement

agency. First, in command at the Executive Level is the Chief of Police.

Second in command, First Line Supervisors which are the two (2)

Sergeants, and third in command are eight (8) Patrol Officers. One officer

on duty is assigned specifically to the SORNA / SORNS registry and

enforcement, commonly referred to as the Registering Officer. The

SORNS Point of Contact Law Enforcement Officer (Registering Officer)

has the responsibility for following up on SORNS when registration or

updates are conducted while he/she is off duty. All Officers are trained

with specialty areas such as investigation, evidence collection, interview

both with children and adults, and community policing.

The Tribal Judiciary is a separate branch of tribal government established

by Article IX of the Tribal Constitution. See Attachment A. The judicial

power of the Little Traverse Bay Bands of Odawa Indians is vested in a

Tribal Court system composed of a court of general jurisdiction, called

Tribal Court, and an appellate court, called Tribal Appellate Court. The

chief judge and associate judge preside over all civil and criminal cases in

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Tribal Court arising under the tribal constitution, statutes, regulations, or

judicial decisions of the Little Traverse Bay Bands of Odawa

Indians. Tribal Court's jurisdiction is based upon the Tribe's inherent

sovereignty, traditional custom, and federal law. The Tribal Appellate

Court consists of a chief justice and two associate justices that hear

appeals from Tribal Court. All Tribal Appellate Court decisions are final

and cannot be appealed. Through this structure, the Court's vision is to

secure the full enjoyment of community and personal rights guaranteed by

tribal law, federal law, and the tribal constitution through a fair, just, and

impartial judiciary system.

The mission of the Tribal Court is to implement the Little Traverse Bay

Bands of Odawa Indians judicial system, consistent with selfdetermination and the sovereign powers of the Tribe, by building on the

community values of respect, culture and spirituality, that allows for unity,

fairness and due process in resolving issues, conflicts and disputes within

the Little Traverse Bay Bands of Odawa Indians' jurisdiction.

Probation, which is granted by a Judge, is a sentence that allows the

offender to live in the tribal community under the supervision of the

Probation Officer/Community Justice Coordinator. See Attachment G for

Waganakising Odawak Tribal Code at WOTC 9.106 A.3; 9.106 D. This

decision is made after careful study of the offender's background,

behavior, and potential for success. It is based on the philosophy that the

rehabilitation of some offenders might be hampered by incarceration and

will be supported and encouraged by supervised freedom.

Probation is a deemed a desirable disposition in appropriate cases because

it maximizes the liberty of the offender while vindicating the authority of

the law and protecting the tribal community from further violations.

Probation can positively advance the rehabilitation of the offender by

continuing normal community contacts such as employment, education,

counseling, etc. It can minimize the impact of conviction upon innocent

dependents of the offender. Probation voids the negative effects of

incarceration which can severely complicate the offender's reintegration

into the LTBB Tribal community. Probation/Community Justice Officers

have a dual responsibility of protecting the community and promoting the

rehabilitation of offenders.

Notice and registration provisions are provided in the LTBB SORNS. See

Attachment H. The forms utilized will be State of Michigan forms, the National

Sex Offender Targeting Center (NSOTC) of the U.S. Marshals Service form for

International Travel, and the LTBB Checklist as those attached in the LTBB Law

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Enforcement Sex Offender Registration Procedures Manual.

LTBB does not have our own Tribal Jail however LTBB negotiates with other

municipalities, i.e., the Charlevoix County Jail to house our inmates. Therefore,

we know through sentencing and by notification from the Tribal Court, the Tribal

Prosecutor and/or the Tribal Probation Officer about the release of any

incarcerated individual and whether they have already been registered or need to

be processed for sex offender registration.

Information Regarding LTBB's Registration Process

The LTBB Law Enforcement has adopted our Sex Offender Registration

Procedures Manual ("Manual") that provides Tribal Law Enforcement with

specific guidelines for the registration process and the use of comprehensive

forms used by the Michigan State Police. The Manual clearly specifies to whom

the LTBB Sex Offender Registration applies and how offenders are processed.

See Attached I.

LTBB registers and re-registers offenders by evaluating individuals who are set

for arraignment in Tribal Court and by reviewing the jail roster for those already

incarcerated. The recapturing, re-registering and registration of individuals who

are not presently registered or whose registration requirements previously ended

will be conducted by the Registering Officer by ensuring that all necessary

information is obtained and entered into MSOR which updates NCIC and that the

Michigan State Police (MSP) is notified.

In Section I(C)(1) of this document LTBB has declared that in 2009 the LTBB

Law Enforcement executed a Memorandum of Agreement with the Michigan

Department of State Police and the Little Traverse Bay Bands of Odawa Indians

(MSP MOA). The purpose of the agreement concerns the use of the Michigan

State Police's Sex Offender Registry. In Section 5(a-b) The Michigan State

Police will maintain the Sex Offender Registry including enhancements or

upgrades as deemed necessary and in conjunction with the Sex Offender Registry

a system of e-mail notification to third parties requesting offender data; a website

accessible by the public and containing offender data; and a website containing or

linking to pertinent safety, education, and corrections information. The website

containing offender data shall include appropriate permissible use and harassment

warnings. See Attachment F.

III. The SORNA Implementation Checklist and Relevant Implementation Package

Attachments.

The LTBB SORNA Implementation Checklist has been completed and included

in this package. See Table of Contents. If there are questions regarding the

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LTBB SORNA Implementation Checklist they can be submitted via email to any

person listed on the LTBB Point of Contact Information submitted to the SMART

Office. See Attachment J.

The LTBB Tribal Council passed the Sex Offense Statute, WOS 2009-009 which

was deemed enacted on April 13, 2009. The Statute was codified under Title IX.

Criminal Laws, Chapter 2, in the Little Traverse Bay Bands of Odawa Indians

Tribal Code of Law, section 9.201 et al.

This Sex Offense Statute (SOS) is broken down into the following sections: Short

Title, Purpose, Definitions, Jurisdiction, Juvenile Transfer to Adult Division of

Tribal Court, Victim's Past Behavior, Defenses to Prosecution, Levels of Risk to

the Community, Limitation on Filing Complaints, Offenses, Repeated Offenders,

and Multiple Offenses.

The Offenses Section of the SOS has the following offenses: Rape, Rape of a

Child, Child Molestation, Sexual Misconduct with a Child, Indecent Exposure,

Indecent Exposure to a Child, Public Sexual Indecency, Public Sexual Indecency

to a Child, Prostitution, Child Prostitution, Sexual Exposure of a Child, Sexual

Abuse of a Child, Visual Representation of a Sexual Act involving a Child, and

Incest. Each of the Offenses is given either a Tier I or Tier III status. Offenses

that are Tier I carry a penalty of less than one year and a fine of less than

$5,000.00. Offenses that are Tier III carry a penalty of one year and a fine of

$5,000.00.

LTBB has not adopted the provisions and requirements of the "Tribal Law and

Order Act of 2010", hence the Tribe is only able to sentence a defendant up to one

year with a maximum fine of $5,000.00. Therefore the Sex Offense Statute only

reflects either Tier I which is less than one year or Tier III with the maximum

penalty. The Tribal Court can determine sentences for Tier I convictions as to

whether they would be a lesser risk or high risk on a case by case basis.

The Little Traverse Bay Bands of Odawa Indians has also enacted a Sex Offender

Registration and Notification Statute ("SORNS"), WOS 2012-008, dated August

14, 2012. This Statute varies slightly from the Model Code that was developed by

the SMART Office. One area of difference is that Little Traverse Bay Bands of

Odawa Indians does not have a reservation exterior boundary acknowledged by

the Secretary of Interior, so for the purposes of exercising its jurisdiction over

Indians for criminal, and both Indian and Non-Indian for civil, jurisdiction is

limited. Therefore the Tribe is only exercising exclusive jurisdiction over parcels

that are in trust with the Secretary of Interior. In areas within the "reservation" in

accordance with the Treaty of 1855 that are not in trust, the Tribe is exercising

concurrent jurisdiction with the State of Michigan. This distinction is reflected in

Section IV., Notification and Registration Requirements, of the Statute. See

Attachment H.

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The other slight difference between the SMART Office Model Code and LTBB

SORNS is the exercising of civil jurisdiction vs. criminal jurisdiction. In order

for the Tribe to enforce exclusive jurisdiction over Non-Indians on Trust Land,

the Tribe would need to enforce the failure to register as a civil offense. This

allows the Tribal Court to schedule a show cause hearing for failure to register

and if the person fails to register or appear before the Tribal Court, the Court can

issue an arrest warrant for failure to appear and hold the individual in contempt of

court and assess fines and costs as necessary.

The following is a list of LTBB Tribal criminal law that is relevant to the LTBB

SORNA Implementation Program.

WOS 2009-009, Sex Offense Statute, See Attachment K.

WOS 2012-008, Sex Offender Registration and Notification Statute, See

Attachment H.

WOS 2010-004 Contempt of Court Statute, See Attachment L.

LTBB Law Enforcement Sex Offender Registration Procedures Manual

("Manual"). See Attachment I.

Forms to be utilized.

MSP Form DD-004 (04/2011) Sex Offender Registration. See pages 11-13

of "Manual".

LTBB Registration Checklist. See pages 14-15 of the "Manual".

MSP Form DD-4A (7/11) Sex Offender Registration (Explanation of

Duties to Register as a Sex Offender). See pages 17 and 18 of the

"Manual".

MSP Form DD-4V Sex Offender Verification Form for reporting

purposes. See pages 20 and 21 of the "Manual".

MSP Form DD-004R SOR Reporting Form (12/2007) Sex Offender

Registration (Change of Information Fonn). See pages 22 and 23 of the

"Manual".

United States Marshals Service NSOTC (National Sex Offender Targeting

Center Form V1.0 (Feb. 2012) Notification of International Travel of Sex

Offender. See page 24 of the "Manual".

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Absconsion Notification Letter. See page 26 of the "Manual".

Notice of Updated Information Letter. See page 28 of the "Manual".

MOA, MOU, and Information Collection.

LTBB and Emmet County Sheriffs Deputation Agreement. See

Attachment C.

LTBB and Charlevoix County Sheriffs Deputation Agreement. See

Attachment D.

LTBB BIA District One - Federal Deputation. See Attachment E.

Memorandum of Agreement with the Michigan Department of State

Police and the Little Traverse Bay Bands of Odawa Indians (MSP MOA).

See Attachment F.

Information Collection and Submission. Relevant to the above mentioned

agreements below is a description of how certain information is collected

and submitted.

DNA. During the offender registration verification process LTBB

Law Enforcement Officers or authorized LTBB Law Enforcement

personnel whose assigned duties relate to a sex offender's

registration shall include collecting the offender's DNA, if the

collection has not already been done, by using the Michigan State

Police (MSP) Combined DNA Index System (CODIS) Unit

provided kits. Law Enforcement personnel shall complete DNA

collection and return the collected DNA to the MSP CODIS Unit

via first class mail.

NCIC/MSOR. According to the LTBB MSP MOA for the sole

purpose of implementing the requirements of SORNA the

Michigan State Police is charged with maintaining the Michigan

Sex Offender Registry that includes enhancements, upgrades, and

email notification to third parties. LTBB utilizes the Michigan Sex

Offender Registry (MSOR) by entering all initial registration

information including updates. When MSOR entries are

completed the MSP is forwarded the signed MSP Form DD-4A

(7/11), Explanation of Duties to Register as a Sex Offender. Upon

receipt of the registration the NCIC automatically updates.

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Finger and Palm Prints. LTBB Law Enforcement Officers or

authorized LTBB Law Enforcement personnel shall collect

automated finger and palm prints by utilizing the Tribes Live Scan

Automated Fingerprint Identification System (AFIS) for the

purpose of sending an electronic version using Crossmatch

Software as a part of data exchange to the MSP for the Sex

Offender Registry. The AFIS also allows the LTBB Law

Enforcement to conduct searches for individuals who have already

been finger and/or palm printed for a previous crime.

The Procedures for enforcement are clearly laid out in the LTBB

Law Enforcement Sex Offender Registration Procedures Manual

and the Responsibilities, Rights, and Limitations are spelled out in

section 4 and 5 of the MSP MOA and in our LTBB SORNS.

Other than the MSP MOA, See Attachment F; LTBB has no other executed

agreements with United States Marshall Service (USMS), Federal Bureau of

Investigation (FBI), International Police Organization (INTERPOL), or the

Bureau of Prisons.

The Tribal Community Notification. See section III(F)(5)(b) of this document.

Since the Michigan State Police is charged with maintaining the Michigan Sex

Offender Registry that includes enhancements and upgrades, email notifications

to third parties the minimum standards for SORNA are met. However, the LTBB

SORNA Implementation Team has discussed the importance of the safety and

well being of our Tribal Community so we will also use the following methods

for our own notification process:

Post a notice to our LTBB website homepage notifying the community

that LTBB has implemented Sex Offender Registration according to

SORNA and the LTBB Sex Offender Registration and Notification Statute

and that any questions pertaining to the registration process should be

directed to the LTBB Law Enforcement.

Post a link on the LTBB website to the Michigan State Police Sex

Offender Public Registry website. The link includes an informational page

on Sex Offender Registration and Reporting.

Utilize our Tribal Government internal email system to notify our staff

about the public website.

Develop Sex Offender Registry general interest information posters to

distribute to all LTBB Governmental Offices, LTBB Education Facilities,

our Health Clinic, our Community Building, Housing and all ancillary

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businesses so that the public is aware of SORNA and LTBB SORNS. The

poster will contain all pertinent contact information to help the public to

including website addresses.

The LTBB Communication Department publishes a monthly newsletter

that is sent via first class mail to all head of household Tribal citizens.

LTBB will place a notification about the LTBB SORNS and the federal

SORNA in the monthly newsletter with the pertinent contact information

for the public to include website addresses.

At this point there are no consortiums that LTBB is entering into with other tribes.

The Little Traverse Bay Bands of Odawa Indians has established a Sex Offender

Registration and Notification Implementation and Compliance Team ("SORNS

Team") that consists of our Legislative Attorney, Law Enforcement Registry

Officer, Chief of Law Enforcement, the Tribal Court Administrator and Judges,

the Tribal Prosecutor, the Probation Officer, the Tribal Administrator, our Grant

Writer, and the LTBB SORNA Point of Contact Person. By having the Tribal

Administrator on the Team it opens the doors to all the prospective departments

that may need to participate to maintain compliance and enhance the

implementation of SORNA. Other perspective departments may include our

Housing, Communications, MIS, Education, Cultural Preservation, Human

Resources, Accounting, and Elders Departments, etc.

The SORNS Team meets when there is a need due to new requirements of the

federal SORNA or any changes integrated in the LTBB SORNS or any other

supporting laws, procedures or rules. At a minimum, the SORNS Team or portion

of the Team will have a meeting every 6 months to review the standards for

compliance issues.

CERTIFICATION

As Tribal Chairman this certifies that I approve this Sex Offenders Registration and Notification

Policy.

Date: •

Tribal Chairman, Dexter McNamara

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Sex Offense Occurs or

Warrant Issued

(On-Going Investigation)

Offender Arrested Awaiting

Arraignment / Sentencing

Offender Arraigned

Plea / Trial / Sentencing

Order

from

incarceratibn

Offender

Reports to

Probation

Sentence from

Tribal Court

Order

from

Offender

Registered

Probation

Notifies Law

Enforcement

Offender Released

Probation File

Law

Enforcement

Reviews File

YES

Law Enforcement

Updates Registry,

as Required

Offender Reports to

LE according to Tier

Classification

Digitized

sent to

MSP

Offender

Registration

Updated

New Updates

Conducted

According to Tier

Hard copy kept in

Offender Paper File

Digitized kept

in LE

Offender File

LTBB SORN Flowcharts, 7/18/12 by 5tr Lantz

Recaptured

Offenders

An Individual is Currently

Incarcerated Under LTBB

Jurisdiction for a Non-Sex

Offense Related Crime

An Individual is

Under the Court's

Supervision

(On Probation)

An Individual is

Convicted of a

Felony Crime

Law Enforcement Officer

Notifies the Probation

Officer Based on Criminal

History Review of a Past

Sex Offense Conviction

The Probation

Officer Determines

the Tier

Classification

When the

Offender's

Registration Period

has Expired No

Further Action

Required

YES

The Individual

Completes Their

Probation/Sentence

The Sex Offender May

Dispute the Tier

Classification By

Following the Appeal

Process

The Probation

Officer shall

Offender

Appeal Filed According

REG-WOS 2011-007,

Section VI

Offender Reports to

Law Enforcement

According to Their Tier

Offender

Registration

Updated

New Updates

Conducted

According to

Tie

Digitized kept

in LE

Offender File

Hard copy kept in

Offender Paper File

LTBB SORN Flowcharts, 7/18/12 by Su Lantz

Digitized

sent to

MSP \\_}

Change of

Jurisdictions

Registered

Offender Exiting

LTBB Jurisdiction

Registered

Offender Entering

LTBB Jurisdiction

YES

No Action

Required by

LTBB Law

The Offender Reports to

LTBB Law Enforcement

With Notice of Intent for

7 Days or More

The Offender Reports to

LTBB Law Enforcement

for Registration for 7

Days or More

Notification of

Change in

Jurisdiction Letter

Offender

Registration

Updated

--->

LTBB Law

Enforcement

Prepares a

Notification of

Change Letter

Notification of Change

Letter Sent to New

Jurisdiction(s) and Filed

by LTBB Procedure

New Updates

Conducted

According to Tier

New Jurisdiction(s)

Comply with Their

Procedure(s)

Appeal Filed According

REG-WOS 2011-007,

Section VI

\l/

7-V

Digitized kept

in LE

Offender File

Hard copy kept in

Offender Paper File

LTBB SORN Flowcharts, 7/18/12, by Su Lantz

Digitized

sent to

MSP

Absconsion

Law Enforcement

Gains Knowledge of An

Unregistered Sex

Offender and Notifies the

Registering Officer

A Sex Offender's InPerson Appearance for

Registration According to

Tier Classification is Due

LTBB Law Enforcement

Receives a Notification

of Change Letter From

Another Jurisdiction

Electronic

Alert from

LTBB

Network

Notification of

Change in

Jurisdiction Letter

The Sex

Offender is

Registered

YES

Show Cause

Notice to

Appear

LTBB Allows For a Warrant/ Show

Cause Notice to be Sent to the Sex

Offender When it is Initially Recognized

They Have Not Registered

YES -->

The Sex

Offender is

Registered

Michigan

Sex

Offender

Registry

The Registering Officer Will

Update MSOR and NCIC

Wanted Person File

Absconsion

Notification Letter

to FBI and U.S.

Marshals Service _

The Registering Officer

Requests a Federal Warrant

via Letter

National

Crime

Information

Center

When the Absconder is Located

an Arrest is Made and the

Registering Officer is Notified

The Registering

Officer Will Update

MSOR and NCIC

Wanted Person File

LIRE SORN Flowcharts, 7/18/12 by Su Lantz

Michigan

Sex

Offender

Registry

Nationa l

Crime

Information

Center

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.