WAGANAKISING ODAWAK STATUTE 2011-007

WAGANAKISING ODAWAK STATUTE 2011-007

SEX OFFENDER REGISTRATION AND NOTIFICATION

SECTION I. SHORT TITLE

This Statute may be cited as the “Sex Offender Registry Statute.” and repeals and

replaces WOS 2009-008.

SECTION IL. PURPOSE

A. The purpose of this Statute is to implement the federal Sex Offender Registration

and Notification Act (SORNA), Section 1 of United States Public Law 109-248, 42

U.S.C. 16901 et seq.; and the accompanying sex offenses. Little Traverse Bay Bands of

Odawa Indians finds that sex offenders present a risk of re-offending and that the efforts

of law enforcement to protect the community, 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.

B. This Act establishes a registry for offenses, the requirements of registration, and

what crimes a person must register.

SECTION IT. DEFINITIONS

A. “Chief of Police” means the Chief of the Little Traverse Bay Bands of Odawa

Indians Law Enforcement,

B. “Convicted” means an adult sex offender is “convicted” for the purposes of this

Statute if the sex offender has been subject to penal consequences based on the

conviction, however the conviction was styled. This includes convictions of juveniles

who are prosecuted as adults.

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Cc “Department” means the Little Traverse Bay Bands of Odawa Indians Law

Enforcement,

D. “Employee” means, for the purposes of this Statute, an individual employed by

the Little Traverse Bay Bands of Odawa Indians including Tribal Government

Administration, commercial entities including the Odawa Casino Resort and ancillary

enterprises and activities. Independent contractors for the purpose of this Statute shall

be included within the definition of “Employee”.

E. “Employer” means all departments and agencies of the Tribal Government

Administration and commercial entities of the Tribe, including the Odawa Casino Resort

and ancillary enterprises and activities.

F. "Immediate" and "immediately" means within 3 business days.

G. “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

interpreted broadly to include, for example, confinement in a state "prison" as well as in a

local or Tribal "jail".

H. “Indian” means a person who is a member of a federally recognized Indian Tribe,

I. “Indian Tribe” means any federally recognized Tribe,

J. “Jurisdiction” means this Tribe and any other Indian Tribe that has asserted

jurisdiction pursuant to section 127 of SORNA and the 50 states, the District of

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

Mariana Islands, and the United States Virgin Islands.

K. “Minor” or “Juvenile” means an individual who has not attained the age of 18

years.

L. “Non-Indian” means a person who is not a member of a federally recognized

Indian Tribe,

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M. “Resides” means, with respect to an individual, the location of the individual's

home or other place where the individual habitually lives.

N. “Sex Offense” as used in this Statute is limited to those offenses contained in

section 111 (5) of SORNA, Sex Offender Registration and Notification Act (SORNA),

Section 1 of United States Public Law 109-248, 42 U.S.C. 16901 et seq. and Tribal Sex

Offenses.

oO. “Sex Offender” means a person convicted of a sex offense.

P. “Student” means a person who enrolls in or attends an educational institution

owned or operated by the Tribe, including a secondary school, trade or professional

school, or an institution of higher education.

Q. “Territorial Jurisdiction of the Little Traverse Bay Bands of Odawa Indians”

means “areas referenced in Public Law 103-324, 25 USC Section 1300k-2(b)(2){A) as

the boundaries of the reservations for the Little Traverse Bay Bands as set out in Article

I, paragraphs ‘third and fourth’ of the Treaty of 1855, 11 Stat.621.” Little Traverse Bay

Bands Constitution, Article V(A)(1)(a).

R. “Tribal Court” means the Little Traverse Bay Bands of Odawa Indians Tribal

Court,

S. “Tribal Member” means a person who is enrolled Citizen of the Little Traverse

Bay Bands of Odawa Indian,

T. “Tribe” means the Little Traverse Bay Bands of Odawa Indians,

U. “Visitor” means any person within the Tribe’s jurisdiction, who is not a resident,

SECTION Iv. NOTIFICATION AND REGISTRATION REQUIREMENTS

A. In order to protect our Tribal children and create a safe environment, any person

who resides on property owned by the Tribe in fee or trust, regardless of location; are

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employed by the Tribe, regardless of location; or who attends schools owned or operated

by the Tribe; or are lodging for more than 7 days on property owned by the Tribe, in fee

or trust regardless of the location; shall register within three (3) business days with the

Department if they have:

1. Pled guilty to, been found guilty of, or who has been found not guilty by

reason of insanity to any Sex Offense under Waganakising Odawak Tribal Code,

Title IX., Criminal Laws.

2. Who has pled guilty to, been found guilty of, or who has been found not

guilty by reason of insanity, to any attempt, solicitation or conspiracy to commit a

crime that requires or would require that person to register as a sex offender under

federal law, or under the law of any state, other Indian Tribe, territory,

commonwealth, foreign country or other jurisdiction.

B. Any person residing within the exterior boundaries of the Tribe’s territorial

jurisdiction who does not reside on property owned by the Tribe in fee or trust, regardless

of location; are not employed by the Tribe, regardless of location; or who do not attend

school owned or operated by the Tribe; or are not lodging for more than 7 days on

property owned by the Tribe in fee or trust, regardless of the location; may but are not

required to register within three (3) business days with the Department if they have:

1 Pled guilty to, been found guilty of, or who has been found not guilty by

reason of insanity to any Sex Offense under Waganakising Odawak Tribal Code,

Title IX. Criminal Laws, unless the initial conviction occurred in Tribal Court.

2. Who has pled guilty to, been found guilty of, or who has been found not

guilty by reason of insanity, to any attempt, solicitation or conspiracy to commit a

crime that requires or would require that person to register as a sex offender under

federal law, or under the law of any state, other Indian Tribe, territory,

commonwealth, foreign country or other jurisdiction.

C. The Tribe has requires sex offenders to register with the department, if such

individual have entered a consensual relationships within the tribe or with its members

through commercial dealing, contracts, leases or other arrangements, or such individuals

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conduct has threatened or has a direct effect on the political integrity, economic security,

or the health or welfare of the tribe.

SECTION V.

OFFENSES REQUIRING REGISTRATION

The following offenses are subject to the requirements of this Statute including

attempt and conspiracies:

A. Tribal Offenses: Sex Offense under Waganakising Odawak Tribal Code, Title

IX. Criminal Laws.

B. Foreign Offenses within the United States jurisdiction:

1. 18U.S.C. §1591 (sex trafficking of children).

2. 18 U.S.C. §1801 (video voyeurism of a minor).

3. 18U.S.C. §2241 (aggravated sexual abuse).

4. 18U,S.C. §2242 (sexual abuse).

5. 18 U.S.C. §2243 (sexual abuse of a minor or ward).

6. 18U.S.C. §2244 (abusive sexual contact).

7. 180U.S.C. §2245 (offenses resulting in death).

8. 18 U.S.C. §2251 (sexual exploitation of children).

9. 18 U.S.C. §225IA (selling or buying of children).

10. 18 U.S.C. §2252 (material involving the sexual exploitation of a minor).

11. 18 U.S.C. §2252A (material containing child pornography).

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12. 18 U.S.C. §2252B (misleading domain names on the internet).

13. 18 U.S.C. §2252C (misleading words or digital images on the internet).

14. 18 U.S.C. §2260 (production of sexually explicit depictions of a minor for

import into the United States).

15. 18U.S.C. §2421 (transportation of a minor for illegal sexual activity).

16. 18 U.S.C. §2422 (Coercion and Enticement of a Minor for Megal Sexual

Activity).

17. 18 U.S.C. §2423 (Transportation of Minors for [legal Sexual Activity,

Travel With the Intent to Engage in Illicit Sexual Conduct with a Minor,

Engaging in Illicit Sexual Conduct in Foreign Places).

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

individual).

19. 18 U.S.C, §2425 (transmitting information about a minor to further

criminal sexual conduct).

Cc. Other Foreign Offenses. Any conviction for a sex offense involving any conduct

which was obtained under the laws of Canada, the United Kingdom, Australia, New

Zealand, and any foreign country where 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.

D. Military Offenses. Any military offense specified by the Secretary of Defense

under section 115(a)(8)(C)G) of PL 105-119 (10 U.S.C. 951 note).

E. 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

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aggravated sexual abuse (as codified in 18 U.S.C. §2241(a)(b)) and committed by a

minor who is 14 years of age or older.

F. Any Jurisdiction Offenses. Any sex offense committed in any jurisdiction that

involves:

1. Any type of degree of genital, oral, or anal penetration.

2. Any sexual touching of or contact with a person's body, either directly or

through the clothing.

3. Kidnapping of a minor.

4. False imprisonment of a minor.

5. 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.

6. Use of a minor in a sexual performance.

7. Solicitation of a minor to practices prostitution.

8. Possession, production, or distribution of child pornography.

9. Criminal sexual conduct involving a minor (where the elements of the

offense involve physical contact with the victim), 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 below 18 years of age at the time of the

offense

10. Any conduct that by its nature is a sex offense against a minor

11. Any offense similar to those outlined in United States Code:

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

b. 18 U.S.C. §1801 (video voyeurism of a minor).

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

d. 18 U.S.C. §2242 (sexual abuse).

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

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

g. 18 USS.C. §2423(a) (transporting a minor to engage in illicit

conduct).

SECTION VI. LEVELS OF RISK TO THE COMMUNITY

A. Sex offenders present various "Levels of Risk” to the Tribal community. If the

court of jurisdiction has assigned a level or tier to the conviction, the person shall follow

such classification. Ifno level or tier has been assigned to the conviction the department

shall assign such level or tier based on the following classification:

1. Tier I: Level of Concern; lower risk to re-offend within the community at

large and includes such offence, including convictions for attempt or conspiracy

to commit such offences as:

a. False imprisonment of a minor.

b. Video voyeurism of a minor.

c Possession or receipt of child pornography, and the following federal

offenses:

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d. 18 USC § 1801 (video voyeurism of a minor).

e. 18 USC § 2252 (receipt or possession of child pornography).

f. 18 USC §2252A (receipt or possession of child pornography).

g. 18 USC §2252B (misleading domain name).

h. 18 USC §2252C (misleading words or digital images).

i. 18 USC § 2422(a) (coercion to engage in prostitution).

j. 18 USC § 2423(b) (travel with the intent to engage in illicit conduct).

k. 18 USC § 2423(c) (engaging in illicit conduct in foreign places).

1 18 U.S.C. §2423(d) (arranging, inducing procuring or facilitating

the travel in interstate commerce of an adult for the purpose of engaging in

illicit conduct for financial gain).

m. 18 USC §2424 (filing factual statement about an alien individual).

n. 18 USC §2425 (transmitting information about a minor to further

criminal sexual conduct).

0. Any comparable military offense specified by the Secretary of

Defense under Section 115(a)(8)(c)(i) of Public Law 105-119 (USC § 951

note).

2. Tier II: Level of Concern; moderate risk to re-offend within the

community at large and includes such offence, including convictions for attempt

or conspiracy to commit such offences as:

a. A person previously convicted of a Tier I offense who current sex

offense conviction is punishable by more than one year imprisonment.

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b. The use of minors in prostitution (to include solicitations).

c. Enticing a minor to engage in criminal sexual activity.

d. A non-forcible sexual act with a minor 16 or 17 years old.

e. Sexual contact with a minor 13 years or older.

f. The use of a minor in a sexual performance.

g. The production or distribution of child pornography, or the

following federal offenses:

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

i. 18 USC § 2243 (sexual abuse of a minor).

j. 18 USC § 2244 (abusive sexual contact, victim 13 or older).

k. 18 USC § 2251 (sexual exploitation of children).

1. 18 USC § 2251A (selling or buying children).

m. 18 USC § 2252 (sale or distribution of child pornography).

n. 18 USC §2252A (sale or distribution of material containing child

pornography).

0. 18 USC § 2260 (producing child pornography for import).

p. 18 USC § 2421 (transportation for prostitution).

q: 18 USC § 2422(b) (coercing a minor to engage in illicit conduct).

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r. 18 USC §2423(a) (transporting a minor to engage in illicit

conduct).

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

the travel in interstate commerce of an adult for the purpose of engaging in

illicit conduct for financial gain).

t. Any comparable military offense specified by the Secretary of

Defense under Section 115(a)(8)(c)(i) of Public Law 105-119 (USC § 951

note).

3. Tier II: Level of Concern; high risk to re-offend within the community at

large and includes such offence, including convictions for attempt or conspiracy

to commit such offences as:

a. Any person convicted of a Tier I offense whose current sex

offense conviction is punishable by more than one year imprisonment.

b. Non-parental kidnapping of a minor.

c. Any sexual act with another.

d. Sexual contact with a minor under 13 years of age, or the

following federal offenses:

e 18 USC § 2241 (aggravated sexual abuse).

f. 18 USC § 2242 (sexual abuse).

g. 18 USC § 2244 (abusive sexual contact, victim under 13 years of

age).

h. Any comparable military offense specified by the Secretary of

Defense under Section 115(a)(8)(c)(i) of Public Law 105-119 (USC § 951

note).

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B. Verifications and In-person Appearances. A sex offender who is or should be

registered shall, at a minimum, appear in person at the Department for purposes of

keeping registration current in accordance with the following time frames:

1. Tier I offenses include those offenses punishable by less then one year of

imprisonment. Persons convicted of such offenses must register at least once a

year for 15 years.

2. Tier II and Tier II] offenses include offenses punishable by a term of

imprisonment of one year or greater. Tier II sex offenders must register every six

months for 25 years.

a. Tier III sex offenders have lifetime registration requirements and

must register at least every 3 months.

3. At each in-person appearance, the Department shall:

a. Obtain a current photograph of the sex offender.

b. Review of Information. At each in-person appearance, the sex

offender shall review existing information for accuracy.

Cc. Notification. If any new information or change in information is obtained at an

in person verification, and upon entry of the sex offender's information in to the

registry, that information is immediately forwarded to all other registration jurisdictions

of the information or change in information.

SECTION VIL. REDUCTION IN REGISTRATION PERIODS

A. A sex offender may have their period of registration reduced as follows:

1. A Tier I offender may have their period of registration and verification

reduced by 5 years if they have maintained a clean record for 10 consecutive

years.

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2. A Tier III offender may have their period of registration and verification

reduced to 25 years if they were adjudicated delinquent of an offense as a

juvenile which required Tier 3 registration and they have maintained a clean

record for 25 consecutive years.

B. A person has a clean record if:

1. They have not been convicted of any offense for which a maximum

sentence of imprisonment for 1 year or more may be imposed.

2. They have not been convicted of any sex offense.

3. They have successfully completed, without revocation, any period of

supervised release, probation, or parole.

4. They have successfully completed an appropriate sex offender treatment

program certified by the Tribal Court or by the United States Attorney General.

Cc. Petition to Tribal Court. Any person, who meets the requirement of section A and

B, who is required to register as a sex offender may petition the Tribal Court for a show

cause hearing to determine if a reduction in term of registration may be granted. In the

petition, the petitioner shall provide clear and convincing evidence that the petitioner is

not a risk to commit a new violation for any violent crime or any crime related to the

requirements of registration as a sex offender based upon:

D. The Tribal Court may grant a hearing if it finds that the petition is sufficient; and

the person meets the eligibility requirements.

E. The Tribal Court may exempt the petitioner from the registration requirement

only after a hearing on the petition in open court. The Tribal Court shall base its decision

only upon a finding by clear and convincing evidence that the petitioner meets the

reduction requirements as set forth in this Section.

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SECTION VIII. RELEASE OF INFORMATION, COMMUNITY

NOTIFICATION AND IMMUNITY

A. The Department is authorized to release relevant and necessary information

regarding sex offenders to the public when such information is reasonably necessary for

protection of the Tribal community.

B. The Department shall monitor or utilize the SORNA Exchange Portal for interjurisdictional change of residence, employment or student status and whenever a sex

offender registers or updates their information with the Department, the Department

shall:

1. Immediately notify the State of Michigan, per the MOA, and ensure the

information is updated on NSOR.

2. Immediately notify any agency, department, or program within the Tribe

that is

responsible for criminal investigation, prosecution, or sex offender supervision

functions, including but not limited to, police, whether State of Michigan, BIA,

Tribal, or FBI, Tribal Prosecutor, and Tribal Probation.

3. Immediately notify any and all other registration jurisdictions due to the

sex offender's residency, school attendance, or employment.

4. 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). Within

seventy two (72) hours of the registration of a sex offender, the Department shall

notify the individuals, groups and organizations that may be at risk by any

reasonable method based on the level of risk.

C. Community Notification. The Department shall ensure there is an automated

community notification process in place that ensures the following:

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1. Upon a sex offender's registration or update of information with the

Tribe, the public registry website is immediately updated and posted within 3

business days.

2. Email notice is available to the general public to 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.

D. The Department is immune from liability for damages for any discretionary

decision to release relevant and necessary information.

SECTION IX. SEX OFFENDER REGISTRATION REQUIREMENTS

A. Duties. A sex offender who is required to register with the Department shall

provide all of the information detailed as follows:

1. The date of all arrests.

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.

5. Any outstanding arrest warrants.

6. The sex offender’s actual date of birth.

7. Any other date of birth used by the sex offender.

8. DNA sample, if the sex offender's DNA is not already contained in the

Combined DNA Index System (CODIS).

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9. 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.

10. Driver's License. The Department shall obtain, and the sex offender shall

provide, all of the sex offender's valid driver's licenses issued -by any jurisdiction

for the purpose of photocopying.

11. Identification Cards. The Department shall obtain, and the sex offender

shall provide, a photocopy of any identification card, including the sex offender's

Tribal enrollment card issued, by any jurisdiction.

12. Passports. The Department shall obtain, and the sex offender shall

provide, a photocopy of any passports used by the sex offender.

13. Immigration Documents. The Department shall obtain, and the sex

offender shall provide, a photocopy of any and all immigration documents.

14, Employment. The Department shall obtain, and the 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 and the name of the sex offender's

employer.

15. The address of the sex offender's employer, and similar information

related to any transient or day labor employment.

16. Finger and Palm Prints. The Department shall obtain, and the sex offender

shall provide, both finger prints and palm prints of the sex offender.

17. Internet Names. The Department shall obtain, and the sex offender shall

provide, the following information related to the sex offender's internet related

activity and any and all email addresses used by the sex offender, any and all

instant Message addresses and identifiers, and any and all other designations or

monikers used for self-identification in internet communications or postings, and

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any and all designations used by the sex offender for the purpose of routing or

self- identification in internet communications or postings.

18. | Name. The Department shall obtain, and the sex offender shall provide,

the following information related to the sex offender's name:

a. The sex offender's full primary given name.

b. Any and all nicknames, aliases, and pseudonyms regardless of the

context in which it is used.

c 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.

19. | Phone Numbers. The Department shall obtain, and the sex offender shall

provide, any and all telephone numbers included but not limited to:

a. Any and all land line telephone numbers.

B. Any and all cellular telephone numbers.

Cc. Any and all Voice of IP (VOIP) telephone numbers.

20. Photograph. The Department shall obtain a current photograph of the

sex offender.

21. Physical Description. The Department shall obtain, and the sex offender

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.

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c. Any identifying marks, such as, but not limited to, scars, moles, birthmarks,

or tattoos.

22. Professional Licenses. The Department shall obtain, and the 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.

23. Address. The Department shall obtain, and the sex offender 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.

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.

24. School Location. The Department shall obtain, and the sex offender shall

provide, the following information related to the sex offender's school:

a. The address of each school where the sex offender is or will be a

student.

b. The name of each school the sex offender is or will be a student.

25. — Social Security. The Department shall obtain, and the sex offender shall

provide, the following information:

a. A valid social security number for the sex offender.

b. Any social security number the sex offender has used in the past,

valid or otherwise.

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26. Lodging Information. The Department shall obtain, and the sex offender

shall provide, the following information when the sex offender will be absent

from his residence for 7 days or more:

a. Identifying information of the temporary lodging locations

including addresses and names.

b. The dates the sex offender will be staying at each temporary

lodging location.

27. Travel Abroad.

a. Tn the event the sex offender intends to travel abroad the sex

offender shall notify the Department at least 21 days in advance of travel.

b. Upon such notification the Department shall:

i. Immediately notify any other jurisdiction where the sex

offender is either registered, or is required to register, of the updated

information.

ii. Immediately notify the U.S. Marshals Service.

lil. Immediately update NCIC/NSOR information.

c Recognizing that some sex offenders may commute to Canada for

work on a daily basis or have family residing in Canada, the Department

shall develop policies to address such employment and family matters.

28. Offense Information. The Department shall obtain the text of each

provision of law defining the criminal offense(s) for which the sex offender is

registered.

29. Vehicle Information. The Department shail obtain, and the sex offender

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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.

d. Any permanent or frequent location where any covered vehicle is

kept.

D. Digitization. All information obtained shall be, at a minimum, maintained by the

Department in digitized format.

E. Electronic Database. A sex offender registry shall be maintained in an electronic

database by the Department or its designee and shall be in a form capable of electronic

transmission, or otherwise electronically accessible by other jurisdictions.

SECTION X. INITIAL REGISTRATION

A. Jurisdiction of Conviction. A sex offender must initially register in the

jurisdiction where the sex offender was convicted of the sex offense regardless of the

sex offender’s actual or intended residency.

B. Jurisdiction of Incarceration. A sex offender must register in each jurisdiction in

which the sex offender is incarcerated while completing any sentence for a sex offense,

regardless of whether it is the same jurisdiction as the jurisdiction of conviction or

residence.

Cc. Timing. A sex offender required to register with the Tribe under this Statute

shall do so in the following timeframe:

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L If incarcerated, before release from imprisonment for the registration

offense.

2. If not incarcerated, within 3 business days of sentencing for the

registration offense.

3. When an offender is convicted and/or sentenced in another state,

territory, tribe or country, or in a federal or military court, and chooses to reside,

work, or attend school within the Tribe’s jurisdiction, the registration must occur

within 3 business days of the sex offender establishing residence, employment

or school attendance within the jurisdiction.

D. Duties of Department. The Department shall ensure the following:

1. Any sex offender incarcerated or sentenced by Tribal Court shall complete

their initial registration with the Tribe.

2. Any sex offender initially registering with the Tribe is informed of their

duties under SORNA and this Statute to register and such other duties under

SORNA and this Statute are explained.

3. The sex offender reads and signs a form stating that the duty to register

has been explained to them and that the sex offender understands the registration

requirement.

4. That the sex offender is registered and shall enter the sex offender's

information into the registry and NCIC/NSOR.

5. 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.

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SECTION XI. RETROACTIVE CLASSES OF OFFENDERS

A. The following sex offenders shall be required to register with the Department:

1. Sex offenders that are currently incarcerated or under supervision, either

for the predicate sex offense or for some other crime.

2. Sex offenders that are already registered or subject to a pre-existing sex

offender registration requirement under the Tribe’s jurisdiction.

3. Sex offenders who have reentered the Tribe’s criminal justice system

because of a conviction for some other felony crime, (whether or not it is a sex

offense).

B. The initial registration of these sex offenders shall take place in accordance with

the following, upon enactment of this Statute:

1. Tier I: within 1 year.

2. Tier If: within 6 months.

3. Tier III: within 3 months.

SECTION XII. UPDATES AND CHANGE OF INFORMATION

A. Residence Jurisdiction:

1. Sex offenders who reside within the Tribe’s jurisdiction shall

immediately appear in person to update any of the following information if it

changes:

a. Name.

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b. Residence.

c. Employment.

d. School attendance.

e. Termination of residence.

2. Sex offenders who reside within the Tribe’s jurisdiction shall

immediately contact the Tribe and update any of the following information if it

changes:

a. E-mail addresses.

b. Instant Message (IM) addresses.

c. Any other designations used in internet communications,

postings, or telephone communications.

d. Vehicle information.

e. Temporary lodging information.

f. School attendance.

3. The Department shall immediately notify any other jurisdiction where

the sex offender is either registered, or is required to register the sex offender’s

intent to relocate to another country. The Department shall also notify the U. S.

Marshals Service and immediately update NCIC/NSOR.

B. Employer Jurisdiction: When a sex offender is employed within the Tribe’s

jurisdiction, but neither resides nor attends school with in the Tribe’s jurisdiction, the

sex offender shall immediately appear in person to update any of the following:

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1. Employment related information.

2. Termination of employment.

Cc School Jurisdiction: When a sex offender attends school within the Tribe’s

jurisdiction, but neither resides nor works within the Tribe’s jurisdiction, the sex offender

shall immediately appear in-person to update the following:

1. School related information.

2. Termination of school.

SECTION XIII. REGISTRY WEBSITE

A. Website. The Department or designee shall use and maintain a public sex

offender registry website. The registry website shall also include links to sex offender

safety and education resources.

B. Instructions. The registry website shall include instructions on how a person

can seek correction of information that the individual contends is erroneous.

Cc. 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,

D. Search Capabilities. The registry website shall have the capability of

conducting searches by name, county, city, zip code, and geographic radius.

SECTION XIV. REQUIRED AND PROHIBITED INFORMATION

A. Required Information. The following information shall be made available to the

public on the sex offender registry website:

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1. Notice that an offender is in violation of their registration requirements or

cannot be located if the sex offender has absconded.

2. All sex offenses for which the sex offender has been convicted.

3. The sex offense(s) for which the offender is currently registered.

4. The address of the sex offender's employer(s).

5. The name of the sex offender including all aliases.

6. A current photograph of the sex offender.

7. A physical description of the sex offender.

8. The residential address and, if relevant, a description of a habitual

residence of the sex offender.

9, All addresses of schools attended by the sex offender.

10. The sex offender's vehicle license plate number along with a description of

the vehicle.

B. Prohibited Information. The following information shall not be available to the

public on the sex offender registry website:

1. Any arrest that did not result in conviction.

2. The sex offender's social security number.

3. Any travel and immigration documents.

4. The identity of the victim.

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5. Internet identifiers.

Cc. Witness Protection. For sex offenders who are under a witness protection

program, the Tribal police may honor the request of the United States Marshal 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.

SECTION XV. FAILURE TO APPEAR FOR REGISTRATION AND

ABSCONDING

A. Failure to Appear. In the event a sex offender fails to register with the tribe as

required by this Statute, the Department 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.

B. Absconded Sex Offenders. If the Department receives information that a sex

offender has absconded the Department shall make an effort to determine if the sex

offender has actually absconded.

1. In the event no determination can be made, the Department shall ensure

any other appropriate law enforcement agency is notified.

2, If the information indicating the possible absconding came through

notice from another jurisdiction or federal authorities, the Department shall be

informed that the sex offender has failed to appear and register.

3. If an absconded sex offender cannot be located then the Department shall

take the following actions:

a. Update the registry to reflect the sex offender has absconded or is

otherwise not capable of being located.

b. Seek a Show Cause and Warrant for the sex offender's arrest.

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C Notify the U.S. Marshals Service.

d. Update NCIC/NSOR to reflect the sex offender's status as an

absconder, or is otherwise not capable of being located.

Cc. Failure to Register. In the event a sex offender who is required to register due to

their residency, employment or school attendance status fails to do so or otherwise

violate a registration requirement of this Statute, the Department shall take all

appropriate follow-up measures to determine if the sex offender is actually residing,

employed or attending school within the Tribe’s jurisdiction.

SECTION XVI. VIOLATIONS AND PENALTIES

A. No person, required to register as a sex offender, shall knowingly fail to register

as a sex offender with the Department.

B. No person, required to register as a sex offender, shall knowingly fail to update

their information as a sex offender with the Department as required by this Statute.

Cc. No person, required to register as a sex offender, shall knowingly fail to notify the

Department of any changes of jurisdiction or the leaving of the Tribal jurisdiction.

D. No person shall knowingly furnish, or cause to be furnished, any false or

misleading information to be included on the Sex Offender Registry.

E. No person shall, without prior approval of the Department, remove, alter, mutilate

or destroy any notice to the Tribal community or Sex Offender Registry information.

F. A person found in violation of this Statute will be issued a civil infraction ticket to

appear before the Tribal Court.

G. The Tribal Court may assess such fine and cost and other remedies as deemed

appropriate, not to exceed five-thousand dollars ($5,000).

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H. Ifa sex offender fails to register after receiving adequate notice, the Tribal Court

may issue a Civil Bench Warrant for the personal appearance before the Court and may

detain the person until any fines, costs or other remedies are satisfied.

IL. The Tribal Court may determine if a parent or legal guardian of a sex offender

that is a minor child shall be responsible for any fines, costs or other remedies.

SECTION XVII. SAVINGS CLAUSE

Tn the event that any section, subsection or phrase of this Statute is found by a

court of competent jurisdiction to violate the Constitution or laws of the Little Traverse

Bay Bands of Odawa Indians, such part shall be considered to stand alone and to be

deleted from this Statute, 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 Statute remains intact.

SECTION XVIII. EFFECTIVE DATE

Effective upon signature of the Executive or 30 days from Tribal Council

approval which ever comes first or if the Executive vetoes the Statute, then upon Tribal

Council override of the veto.

SECTION XIX. IMPLEMENTATION

This Statute shall be implemented within 180 days from the Effective Date of this

Statute.

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CERTIFICATION

‘As thé Tribal: Council Legislative Leader. and. Tribal Council Secretary, we certify that

this Statute: was duly passed by the Tribal. Council of the. Little Traverse Bay Bands of:

Odawa Indians at a regular meeting of the. Tribal Council held on April 3.2011 at which

a quorum. was preserit, by a vote of 6 in favor, 0 opposed, 0 abstentions, and 3 ‘absent.as

recorded by this roll-call:

In Favor Opposed Abstained Absent

Marvin Mulholland. x

Belinda Bardwell z x

Melvin L. Kiogima x

Gerald'V: Chingwa x

Rita Shananaquet

Aaron Otto

John Bott

Regina Gasco Bentley

Pal Ps} PSs

iF

Julie Shananaquet

Date: q-3-1 l = .

Julld A. Shananaquet, Legislative Leader

Date: 4-3 ll

Regina Gasco Bentley, Secretary

Réceived by the Executive Office on), Haf-// by

Pursuant to Article VI; ‘Section'D, Subsection: 1 of the Little: Traverse Bay Bands of

Odawa Indians Constitution adopted ebruary.1,; 2005/he.Executive concurs in this

: action 6f the Tnbal Zounc

Date: yy -QS ~//

“Ken Harrifgton, Tyibal Chairperson

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