# Oneida Business Committee (2026)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A384fa095ffd8ddb2

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

~
ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
August 5, 2026
9:00 a.m.

I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved
1. July 15, 2026 LOC Meeting Minutes (pg. 2)

III.

Current Business
1. Safe Neighborhoods Law (pg. 4)
2. Petition: G. Powless-Buenrostro – Amend the Judiciary Law #2026-01 (pg.43 )
3. Boards, Committees, and Commissions Law Amendments (pg. 57)
4. Code of Ethics Amendments (pg. 127)

IV.

New Submissions

V.

Additions

VI.

Administrative Updates
1. Legislative Operating Committee Fiscal Year 2026 Third Quarter Report (pg. 169)

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

"'
ONEIDA
GOOODO

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
July 15, 2026
9:00 a.m.
Present: Jameson Wilson, Jonas Hill, Kirby Metoxen [Microsoft Teams]
Excused: Jennifer Webster
Others Present: Clorissa Leeman, Grace Elliott, Carolyn Salutz,
Others Present on Microsoft Teams: Ashley Blaker, Rhiannon Metoxen, Fawn Cottrell, David
Jordan, Melissa Alvarado, Rae Skenandore, Kaylynn Biely, Jodi Tess, Shad Webster, Martin
Prevost, Krystal John, Mkedemkokwe Montgomery-Elm, Kristal Hill, Fawn Billie, Efren Riveria,
Joel Maxam, Thurston Denny, Eric McLester, Lora Danforth
I.

Call to Order and Approval of the Agenda
Jameson Wilson called the July 15, 2026, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Jonas Hill to adopt the agenda; seconded by Kirby Metoxen. Motion carried
unanimously.

II.

Minutes to be Approved
1. July 1, 2026 LOC Meeting Minutes
Motion by Jonas Hill to approve the July 1, 2026, LOC meeting minutes and forward to
the Oneida Business Committee; seconded by Kirby Metoxen. Motion carried unanimously.

III.

Current Business
1. Ten Day Notice Policy Amendments.
Motion by Jonas Hill to approve the public comment review memorandum, draft, and legislative analysis for the proposed amendments to the Ten Day Notice Policy; seconded by
Kirby Metoxen. Motion carried unanimously.
Motion by Jonas Hill to approve the fiscal impact statement request memorandum and
direct the Finance Department to provide the LOC with a fiscal impact statement of the
Ten day Notice Policy amendments by July 29, 2026; seconded by Kirby Metoxen. Motion
carried unanimously.
~
G00DOC)
A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of July 15, 2026
Page 1 of 2

ONEIDA

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2. Boards, Committees, and Commissions Law Amendments.
Motion by Jonas Hill to approve the updated public comment review memorandum, draft,
and legislative analysis for the proposed amendments to the Boards, Committees, and
Commissions law; seconded by Kirby Metoxen. Motion carried unanimously.
Motion by Jonas Hill to approve the fiscal impact statement request memorandum and
direct the Finance Department to provide the LOC with a fiscal impact statement of the
Boards, Committees, and Commissions law amendments by July 29, 2026; seconded by
Kirby Metoxen. Motion carried unanimously.
3. Safe Neighborhoods Law.
Motion by Jonas Hill to approve the draft and the legislative analysis of the proposed Safe
Neighborhoods law; seconded by Kirby Metoxen. Motion carried unanimously.
IV.

New Submissions

V.

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Adjourn
Motion by Kirby Metoxen to adjourn at 9:19 a.m.; seconded by Jonas Hill. Motion carried
unanimously.

Legislative Operating Committee Meeting Minutes of July 15, 2026
Page 2 of 2

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

"

000000

ONEIDA

Legislative Operating Committee
August 5, 2026

Safe Neighborhoods Law
Submission Date: 2/23/26
LOC Sponsor: Jameson Wilson

Public Meeting: N/A
Emergency Enacted: 2/25/26

Summary: At the February 5, 2026, Oneida Business Committee work session, the Oneida Business
Committee was made aware by the Oneida Law Office and Oneida Police Department that a Senior
Probation and Parole Agent with the Wisconsin Department of Corrections ‐ Division of Community
Corrections, notified the Oneida Police Department of the pending release of a sex offender who has
requested residence in a central location within the boundaries of the Oneida Reservation. This
notification by the Wisconsin Department of Corrections brought to the forefront that the Nation currently
lacks any laws to regulate the presence and residency of sex offenders within the boundaries of the
reservation.
The Legislative Operating Committee added the Safe Neighborhoods law to its Active Files List on an
emergency basis on February 23, 2026. The purpose of the Safe Neighborhoods law is not to impose a
criminal penalty but rather to serve the Nation’s compelling interest to promote, protect, and improve the
health, safety, and welfare of the reservation population by prohibiting convicted sex offenders from
loitering or residing in specified areas around locations where vulnerable populations, including children,
regularly congregate.
The Oneida Business Committee adopted the Safe Neighborhoods law on an emergency basis on February
25, 2026 through the adoption of BC-02-25-26-C. The emergency adoption of this law will expire on
August 25, 2026. There will be one (1) opportunity to extend the emergency adoption of this law for an
additional six (6) month period.
2/17/26:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Clorissa Leeman,
Eric Boulanger, Joel Maxam, Brandon Vande Hei Kelly McAndrews, Krystal John, Stephanie
Skenandore, Fawn Cottrell, Fawn Billie, Kristal Hill, Rhiannon Metoxen. The purpose of this
work meeting was to review and discuss the potential emergency adoption of a law to address
sex offender residency restrictions.

2/18/26:

Work Meeting. Present: Jameson Wilson, Clorissa Leeman, Stephanie Skenandore, Kristal Hill,
Joel Maxam, Kelly McAndrews, Rhiannon Metoxen, Fawn Cottrell, Brandon Vande Hei, Eric
Boulanger, Fawn Billie, Krystal John, Grace Elliott. The purpose of this work meeting was to
continue the discussion on the adoption of a law to address sex offender residency restrictions.

2/23/26:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas Hill,
Clorissa Leeman, Kristal Hill, Rhiannon Metoxen, Fawn Cottrell, Fawn Billie. The purpose of
this work meeting was to review updated emergency adoption materials prior to the e-poll
being sent out in case there are any questions.

2/23/26:

E-Poll Conducted. This e-poll was entitled, Safe Neighborhoods Law Emergency Adoption.
The requested action of this e-poll was to add the Safe Neighborhoods law to the Active Files
list with Jameson Wilson as the sponsor; and approve the Safe Neighborhoods law emergency

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adoption packet and forward to the Oneida Business Committee for consideration. This e-poll
was approved by Jonas Hill, Jennifer Webster, Kirby Metoxen, and Jameson Wilson. Marlon
Skenandore did not provide a response.
2/25/26 OBC: Motion by Lawrence Barton to adopt resolution # 02-25-26-C Emergency Adoption of the Safe
Neighborhoods Law, seconded by Jennifer Webster. Motion carried.
3/4/26 LOC:

Motion by Jennifer Webster to enter into the record the results of the February 23, 2026, e-poll
entitled, Safe Neighborhoods Law Emergency Adoption; seconded by Jonas Hill. Motion
Carried unanimously.

5/8/26:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman, Kelly
McAndrews, Stephanie Skeandore, Gregory Matson, Dana McLester, Scott Denny, Michelle
Hill, Jennifer Garcia, Derrick Denny, Carolyn Salutz, Grace Elliott, Fawn Cottrell. The purpose
of this work meeting was to review the law and begin discussing any additional amendments
that need to be made for the permanent adoption of this law.

7/15/26 LOC: Motion by Jonas Hill to approve the draft and the legislative analysis of the proposed Safe
Neighborhoods law; seconded by Kirby Metoxen. Motion carried unanimously.

Next Steps:
 Approve the public meeting packet for the proposed Safe Neighborhoods law and forward the
Safe Neighborhoods law to a public meeting to be held on September 10, 2026.
 Approve the emergency adoption extension packet for the Safe Neighborhoods law and
forward to the Oneida Business Committee for consideration.

A good mind. A good heart. A strong fire.

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~
ONEIDA

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ONEIDA NATION PUBLIC MEETING NOTICE
THURSDAY, SEPTEMBER 10 at 12:15 pm

Find Public Meeti ng Materials at
Oneida-nsn.gov/government/register/public meeti ngs

Send Public Comments to

Norbert Hill Center-Business Committee Conference Room
N7210 Seminary Rd., Oneida, Wisconsin

LOC@oneidanati on.org

Ask Questi ons here
LOC@oneidanati on.org
920-869-4417

SAFE NEIGHBORHOODS LAW
The purpose of the Safe Neighborhoods is not to impose a criminal penalty but rather to serve
the Nation’s compelling interest to promote, protect, and improve the health, safety, and welfare of the reservation population by prohibiting sex offenders from loitering or residing in
specified areas around locations where vulnerable populations, including children, regularly
congregate.
The Safe Neighborhoods Law will:
Prohibit a sex offender from being present or entering into specified prohibited loca♦
tions, that are primarily focused on areas in which vulnerable populations, including
children, are known to congregate, while also providing exceptions for when a sex offender may enter a prohibited area.
Prohibit a sex offender from establishing a permanent residence or temporary residence
♦
within two thousand five hundred (2,500) feet of any prohibited location, while also
providing exceptions for when a sex offender may have a residence less than two thousand five hundred (2,500) feet of any prohibited location.
Individuals may attend the public meeting for the proposed Safe Neighborhoods law in person
at the Norbert Hill Center, or virtually through Microsoft Teams. If you wish to attend the public meeting through Microsoft Teams please contact LOC@oneidanation.org.

PUBLIC COMMENT PERIOD CLOSES THURSDAY, SEPTEMBER 17, 2026

During the public comment period, anyone may submit written comments, questions or input. Comments may be submitted to the Oneida
Nation Secretary’s Office or the Legislative Reference Office in person,
by U.S. mail, interoffice mail, or e-mail.

For more information on the proposed Safe Neighborhoods law amendments please review the public meeting
packet at oneida-nsn.gov/government/register/public meetings.

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SAFE NEIGHBORHOODS LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments

Purpose

Affected Entities
Public Meeting
Fiscal Impact

Analysis by the Legislative Reference Office
 Prohibit a sex offender from being present or entering into specified
prohibited locations, that are primarily focused on areas in which
vulnerable populations, including children, are known to congregate,
while also providing exceptions for when a sex offender may enter a
prohibited area. [3 O.C. 310.4];
 Prohibit a sex offender from establishing a permanent residence or
temporary residence within two thousand five hundred (2,500) feet of any
prohibited location, while also providing exceptions for when a sex
offender may have a residence less than two thousand five hundred
(2,500) feet of any prohibited location. [3 O.C. 310.5];
 Prohibits a person or entity from selling, leasing, subleasing, renting,
conveying, or otherwise allowing a sex offender to stay in any place,
structure, or part thereof with knowledge that it will be used as a
permanent residence or temporary residence by any sex offender that is
prohibited from establishing residence under this law. [3 O.C. 310.5-5];
 Provide a process to allow a sex offender to petition for a waiver of the
residence restriction to the Oneida Police Department Chief of Police, and
then appeal a denial of a waiver to the Oneida Public Safety and Security
Commission. [3 O.C. 310.6];
 Requires the Geographic Information System Department to develop and
maintain an official map of the reservation showing prohibited locations
and the resulting residency restrictions distances that is made available on
the Nation’s website. [3 O.C. 310.7]; and
 Provide for the enforcement of violations of this Law and subsequent
penalties that are available. [3 O.C. 310.8].
The purpose of this law is not to impose a criminal penalty but rather to serve
the Nation’s compelling interest to promote, protect, and improve the health,
safety, and welfare of the reservation population by prohibiting sex offenders
from loitering or residing in specified areas around locations where
vulnerable populations, including children, regularly congregate. This law
recognizes the right of sex offenders to reenter the community. Therefore,
through this law the Nation balances its responsibility to sex offenders with
its responsibility to protect the surrounding community by promoting
regulatory measures which provide protections for the community that do not
wholly prohibit sex offenders from being part of this community. [3 O.C.
310.1-1].
Oneida Police Department, Oneida Nation Judiciary, Geographical
Information Systems Department, Oneida Law Office, Comprehensive
Housing Division, Reservation Community
A public meeting has not yet been held.
A fiscal impact statement has not yet been requested.

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Expiration of Emergency
Legislation

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The emergency adoption of the Safe Neighborhoods Law expires on August
25, 2026. There is one (1) opportunity for a six (6) month extension of the
emergency adoption of this Law.

SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Safe Neighborhoods law (“the Law”) was a new law for the Nation adopted on an
emergency basis for the purpose of not imposing a criminal penalty but rather to serve the Nation’s
compelling interest to promote, protect, and improve the health, safety, and welfare of the reservation
population by prohibiting sex offenders from loitering or residing in specified areas around locations
where vulnerable populations, including children, regularly congregate. [3 O.C. 310.1-1]. This Law
recognizes the right of sex offenders to reenter the community. Id. Therefore, through this Law the
Nation balances its responsibility to sex offenders with its responsibility to protect the surrounding
community by promoting regulatory measures which provide protections for the community that do
not wholly prohibit sex offenders from being part of this community. Id.
B. Request for Emergency Amendments. At the February 5, 2026, Oneida Business Committee work
session, the Oneida Business Committee was made aware by the Oneida Law Office and Oneida Police
Department that a Senior Probation and Parole Agent with the Wisconsin Department of Corrections Division of Community Corrections, notified the Oneida Police Department of the pending release of
a sex offender who has requested residence in a central location within the boundaries of the reservation.
This notification by the Wisconsin Department of Corrections brought to the forefront that the Nation
currently lacks any laws to regulate the presence and residency of sex offenders within the boundaries
of the reservation. The Oneida Business Committee was concerned regarding the safety and protection
of the community and forwarded this issue to the Legislative Operating Committee for consideration.
 The Legislative Operating Committee determined that the Safe Neighborhoods law should be
pursued on an emergency basis for the immediate preservation of the safety and general welfare of
the reservation population. The Legislative Operating Committee added the Safe Neighborhoods
law to its Active Files List with Jameson Wilson as the sponsor on February 23, 2026.
 The Oneida Business Committee adopted the Safe Neighborhoods law on an emergency basis on
February 25, 2026, through the adoption of resolution BC-02-25-26-C. The Oneida Business
Committee determined the emergency adoption of this Law was necessary for the immediate
preservation of the safety and general welfare of the reservation population since sex offenders are
a serious threat to the public safety of vulnerable populations, including children, if regulatory
measures are not in place that protect the community by reducing opportunity and temptation by
prohibiting sex offenders from being present on or residing in specified areas designated as places
where vulnerable populations commonly congregate. Observance of the requirements under the
Legislative Procedures Act for adoption of this Law was contrary to public interest and the process
and requirements of the Legislative Procedures Act could not be completed in time to allow the
proposed Safe Neighborhoods law to be adopted and implemented in time to best protect the
community.
 The emergency adoption of the Safe Neighborhoods law will expire on August 25, 2026. There
will be one (1) opportunity to extend the emergency adoption of the Safe Neighborhoods law for
an additional six (6) month period.

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SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of the Law
and this legislative analysis:
 Oneida Police Department;
 Oneida Law Office;
 Geographic Information Systems Department; and
 Comprehensive Housing Division.
B. The following laws of the Nation were reviewed in the drafting of this analysis:
 Legislative Procedures Act;
 Eviction and Termination law;
 Public Peace law; and
 Citations Law.
C. Ordinances regarding sex offender restrictions and residency restrictions from the following
municipalities were reviewed in the development of this Law and legislative analysis:
 Allouez;
 Angelica;
 Ashwaubenon;
 Bellevue;
 Black River Falls;
 Brookfield;
 Cedarburg;
 Clintonville;
 Green Bay;
 Hobart;
 Howard;
 Kewaskum;
 Little Chute;
 Paddock Lake;
 Seymour; and
 Suamico.

SECTION 4. PROCESS
A. The development of the proposed Safe Neighborhoods law complies with the process set forth in the
Legislative Procedures Act (LPA).
 On February 23, 2026, the Legislative Operating Committee conducted an e-poll entitled, Safe
Neighborhoods Law Emergency Adoption. The requested action of this e-poll was to add the Safe
Neighborhoods law to the Active Files list with Jameson Wilson as the sponsor; and approve the
Safe Neighborhoods law emergency adoption packet and forward to the Oneida Business
Committee for consideration. This e-poll was approved by Jonas Hill, Jennifer Webster, Kirby
Metoxen, and Jameson Wilson. Marlon Skenandore did not provide a response.
 On February 25, 2026, the Oneida Business Committee adopted a motion to adopt resolution # 0225-26-C Emergency Adoption of the Safe Neighborhoods Law.
 On March 4, 2026, the Legislative Operating Committee entered into the record the results of the
February 23, 2026, e-poll entitled, Safe Neighborhoods Law Emergency Adoption.

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On July 15, 2026, the Legislative Operating Committee approved the draft and the legislative
analysis of the Safe Neighborhoods law.
B. The following work meetings were held regarding the development of this law and legislative analysis:
 February 17, 2026: LOC work session with Oneida Law Office, Oneida Police Department, and
the Geographical Information Systems Department.
 February 18, 2026: LOC work session with Oneida Law Office, Oneida Police Department, and
the Geographical Information Systems Department.
 February 23, 2026: LOC work session.
 May 8, 2026: LOC work session with the Oneida Law Office, Geographical Information Systems
Department, Comprehensive Housing Division.

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SECTION 5. CONTENTS OF THE LEGISLATION



A. Purpose and Policy. The purpose of this Law is not to impose a criminal penalty but rather to serve
the Nation’s compelling interest to promote, protect, and improve the health, safety, and welfare of the
reservation population by prohibiting sex offenders from loitering or residing in specified areas around
locations where vulnerable populations, including children, regularly congregate. [3 O.C. 310.1-1].
This Law recognizes the right of sex offenders to reenter the community. Id. Therefore, through this
Law the Nation balances its responsibility to sex offenders with its responsibility to protect the
surrounding community by promoting regulatory measures which provide protections for the
community that do not wholly prohibit sex offenders from being part of this community. Id. It is the
policy of the Nation that due to the high rate of recidivism for sex offenders, the Nation declares that
sex offenders are a serious threat to the public safety of vulnerable populations, including children, if
regulatory measures are not in place that protect the community by reducing opportunity and temptation
by prohibiting sex offenders from being present on or residing in specified areas designated as places
where vulnerable populations commonly congregate. [3 O.C. 310.1-2].
 Effect. Overall, it is the goal of this Law to protect the public safety of the community, especially
vulnerable populations such as children. Sexual offenses are serious crimes that pose a large risk
to public safety.
 The Dru Sjodin National Sex Public Website1 provides information on sexual assault and
sexual offending, including the following statistics:
 As many as one (1) in four (4) girls and one (1) in twenty (20) boys experience sexual
abuse before age eighteen (18).
 Over their lifetime, nearly one (1) in five (5) women and one (1) in seventy-one (71) men
reported experiencing rape at some time in their lives.
 Approximately forty-five percent (45%) of women and twenty-two percent (22%) of men
reported experiencing sexual violence other than rape in their lifetime.
 Studies that have tracked adult sex offenders for longer periods of time show that the
likelihood of re-offense for another sex crime ranges from five percent (5%) after three (3)
years to twenty-four percent (24%) after fifteen (15) years.
 Compared to other crimes, sexual violence is the most underreported violent crime in the
United States. Approximately two (2) out of three (3) or sixty-five percent (65%) of adult
1

https://www.nsopw.gov/safety-and-education/questions-and-answers#6-0

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sexual assaults were not reported to the police between 2006-2010 and sixty-eight (68%)
of violent victimizations of youth aged twelve (12) through seventeen (17) (includes
rape/sexual assault, robbery and aggravated and simple assault) were not reported to police.
The National Crime Victimization Survey 2016 found that only twenty-three percent (23%)
of rapes and sexual assaults were reported to police.
 The National Sexual Violence Resource Center Website2 provides information on sexual
assault in the United States and, including the following statistics:
 One (1) in five (5) women in the United States experienced completed or attempted rape
during their lifetime.
 Nearly a quarter (24.8%) of men in the U.S. experienced some form of contact sexual
violence in their lifetime.
 Nationwide, eighty-one percent (81%) of women and forty-three (43%) of men reported
experiencing some form of sexual harassment and/or assault in their lifetime.
 One (1) in three (3) female victims of completed or attempted rape experienced it for the
first time between the ages of eleven (11) and seventeen (17).
 About one (1) in four (4) male victims of completed or attempted rape first experienced it
between the ages of eleven (11) and seventeen (17).
B. Sex Offender. The Law defines a sex offender as a person who is required to register under Wis. Stats.
§301.45 for any sexual offense or as otherwise ordered by a court or is found to have committed a sex
offense by another jurisdiction within the meaning of Wis. Stats. §301.45(1d)(am); is required to
register under Wis. Stats. §301.45 and who has been designated a special bulletin (SBN) sex offender
pursuant to Wis. Stats. §301.46 (2) and (2m); or within the ten (10) years prior to establishing a
permanent or temporary residence within the reservation, has been convicted of or found not guilty by
reason of disease or mental defect of a violation of Wis. Stats. §940.30 false imprisonment, if the victim
was a minor and not offender’s child, or Wis. Stats. §940.31 kidnapping, if the victim was a minor and
not offender’s child. [3 O.C. 310.3-1(i)].
 Effect. The Law clearly defines who the term sex offender applies to based on a person’s
requirement to register with the Wisconsin Sex Offender Registry and based on an individual’s
offense. The definition for sex offender requires the reader of the Law to also look to Wisconsin
statutes on how sex offenders are defined and handled. Wis. Stat §301.45(b) provides that a “sex
offense” means a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s.
940.22 (2), 940.225 (1), (2) or (3), 944.06, 944.18, 948.02 (1) or (2), 948.025, 948.05, 948.051,
948.055, 948.06, 948.07 (1) to (4), 948.075, 948.08, 948.085, 948.095, 948.11 (2) (a) or (am),
948.12, 948.125, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s.
940.30 or 940.31 if the victim was a minor and the person who committed the violation was not the
victim’s parent.
C. Prohibited Locations. The proposed Law sets forth locations where sex offenders are prohibited from
entering or being present on. [3 O.C. 310.4-1]. Prohibited locations include a school; Tribal or other
licensed day care or childcare center; park or park facility; playground or green space otherwise
designated as a play or recreational area by the Nation’s Planning Department; athletic field, including
any practice field; library; community center; fitness center, recreation center, or gym; farmers market;
place of worship; or any other place designated by the Nation as a place where vulnerable populations,
2

https://www.nsvrc.org/statistics/

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including children, are known to congregate. Id. The Law then goes on to provide exceptions to the
prohibited locations to address situations in which the sex offender may be present in a prohibited
location and not found to be in violation of this Law. [3 O.C. 310.4-2].
 Effect. The prohibited locations provided for in this Law are areas in which vulnerable populations,
especially children, are known to congregate. Therefore, it is in the public’s best interest to prohibit
a sex offender from entering or being present at those locations. Allowing certain exceptions to the
prohibited locations ensure that a sex offender can still practice their basic rights like voting or
practicing their religion, and have access to various services that a sex offender may need.
D. Residence Restrictions. The Law provides that no sex offender shall establish a permanent residence
or temporary residence within two thousand five hundred (2,500) feet of any prohibited locations. [3
O.C. 310.5-1]. For purposes of determining the minimum distance of separation required for the
permanent residence or temporary residence of a sex offender, the Law requires that a person measures
by following a straight line from the outer property line of the permanent residence or temporary
residence of the sex offender to nearest outer property line of the prohibited locations. [3 O.C. 310.52]. The Law then provides various exceptions for when a sex offender may actually reside within an
area that would otherwise be prohibited. [3 O.C. 310.5-3].
 Effect. The Law provides that no sex offender can live within two thousand five hundred (2,500)
feet of a prohibited location in an effort to reduce opportunity and temptation by prohibiting sex
offenders from residing in specified areas near places where vulnerable populations commonly
congregate. Below is a chart that demonstrates the various restrictions other Wisconsin
municipalities place on the residence of a sex offender:
SEX OFFENDER RESIDENCE RESTRICTIONS
Municipality
Residence Restriction Distance Requirements
Allouez
1500 feet
Angelica
2000 feet
Ashwaubenon
1500 feet
Bellevue
2500 feet
Black River Falls
750 feet
Brookfield
1400 feet
Cedarburg
200 feet
Clintonville
250 feet
Green Bay
1500 feet
Howard
2500 feet
Kewaskum
750 feet
Little Chute
2000 feet
Paddock Lake
1500 feet
Seymour
1500 feet
Suamico
1500 feet

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E. Prohibition of Sale, Lease, or Rental of Property. The Law provides that no person or entity shall sell,
lease, sublease, rent, convey, or otherwise allow a sex offender to stay in any place, structure, or part
thereof with knowledge that it will be used as a permanent residence or temporary residence by any sex
offender that is prohibited from establishing residence under this Law.
 Effect. Due to the serious threats to public safety a sex offender could have on a community if
regulations are not in place and followed, the Law also places responsibility on a landlord, lessor,

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or owner of a property to not sell, lease, sublease, rent, convey, or otherwise allow a sex offender
to stay in any place where the sex offender would be prohibited. A landlord, lessor, or owner of a
property who violates this Law may be subject to receiving a citation from the Oneida Police
Department.
F. Waiver of Residence Restrictions. The Law allows a sex offender may request a waiver from the
residence restrictions of this law by submitting a written request for a waiver to the Oneida Police
Department prior to establishing a residence that would be in violation of this law. [3 O.C. 310.6-1]. A
sex offender is not allowed to, under any circumstance, be deemed to have established a residence that
would otherwise be in violation of this law without first having received permission as evidenced
through a waiver. [3 O.C. 310.6-1(a)]. A sex offender cited for residing within a restricted area without
first receiving a waiver shall not be eligible to receive a waiver thereafter. Id. The Law then provides
the timeline and the various factors the Chief of Police may consider when reviewing a waiver request.
[3 O.C. 310.6-2]. The Chief of Police can wither deny the waiver request, approve the waiver request,
or approve a waiver request subject to certain conditions. [3 O.C. 310.6-3]. If the Chief of Police denies
a waiver request, the sex offender may appeal the waiver decision made by the Chief of Police by
submitting a written appeal to the Oneida Public Safety and Security Commission. [3 O.C. 310.6-4].
The Oneida Public Safety and Security Commission then can make a decision to uphold the Chief of
Police’s denial of the waiver, or overturn the Chief of Police’s denial of the waiver and approve a
waiver or a waiver subject to conditions. [3 O.C. 310.6-4(b)]. The Law also allows the Chief of Police
to revoke a waiver of a residence restriction if the sex offender is found to have violated the conditions
of the waiver or there is probable cause to believe the sex offender has committed an additional violent,
heinous, or sexual criminal offense, which had occurred either before or after the waiver was issued. [3
O.C. 310.6-5].
 Effect. The Law allows a sex offender the opportunity and due process to request a waiver to
establish a residence in an otherwise prohibited area when no other exception exists.
G. Map of Prohibited Locations and Residence Restrictions. The Law requires that the Geographic
Information System Department maintain an official map of the reservation showing prohibited
locations and the resulting residency restriction distances. [3 O.C. 310.7-1]. The Geographic
Information System Department is required to review the map on an annual basis and update the map
to reflect any changes in the prohibited locations. [3 O.C. 310.7-1(a)]. The map is required to be made
available electronically on the Nation’s website. [3 O.C. 310.7-1(b)]. In regard to the map, the Law
provides that the absence of a location on the map is not a defense to enforcement under this law where
the sex offender is found to be within a prohibited location and circumstances make it clear that the sex
offender had actual notice of that prohibited location. [3 O.C. 310.7-2].
 Effect. The map will provide a visual reference of areas within the reservation that are prohibited
locations for sex offenders and the surrounding residency restriction distances required around each
prohibited location. The map serves as a tool for sex offenders, or anyone in the community, to
view what areas are protected throughout the reservation. Attached to the end of this legislative
analysis are maps created by the Geographic Information Systems Department showing prohibited
locations and resulting restricted residence areas in certain areas of the reservation. It is important
to note that the map required by this Law does not illustrate where sex offenders reside. To find
information regarding the location of specific sex offenders, or to conduct a geographical search to
determine the location of sex offenders in a designated area an individual may utilize the following
resources:

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

Wisconsin Department of Corrections Sex Offender Registry at the following link
https://appsdoc.wi.gov/public
 National Sex Offender Public Website at https://www.nsopw.gov/search-public-sex-offenderregistries
H. Enforcement and Penalties. The Law provides that an individual who violates any provision of this
Law may be subject to the issuance of a citation by an Oneida Police Department officer. [3 O.C. 310.81]. A citation for a violation of this Law or any orders issued pursuant to this Law may include fines
and other penalties, as well as conditional orders made by the Trial Court. [3 O.C. 310.8-1(a)]. A
citation for a violation of this law is required to be processed in accordance with the procedure contained
in the Nation’s Citations law. [3 O.C. 310.8-1(b)]. The Law requires that Oneida Police Department
provide notice to the Oneida Law Office of any citation, revocation, or conditioning of a waiver issued
to an individual located at a property rented or leased through the Comprehensive Housing Division.
[3 O.C. 310.8-1(c)]. Upon a finding by the Trial Court that a violation of this Law occurred, an
individual may be subject to penalties such as fines, community service, participation in counseling or
other programming, or any other as deemed appropriate by the Trial Court. [3 O.C. 310.8-2].
 Effect. The Law describes how enforcement will be handled through the use of citations, as well
as describes potential penalties for violations of this Law the Trial Court may impose on a violator.

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SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this
Law:
 Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal
Council on January 7, 2013, for the purpose of providing a standard process for the adoption of
laws of the Nation which includes taking into account comments from members of the Nation and
input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].
 The development of the Safe Neighborhoods law complies with the requirements of the
Legislative Procedures Act.
 Citations Law. The Citations law provides a process that governs all citations that fall under the
jurisdiction of the Oneida Nation. [8 O.C. 807.1-1]. It is the policy of the Nation to provide a
consistent process for handling citations of the Nation in order to ensure equal and fair treatment
to all persons who come before the Judiciary to have their citations resolved. [8 O.C. 807.1-2].
 The Safe Neighborhoods law provides that an individual who violates a provision of this
law may be subject to the issuance of a citation by an Oneida Police Department officer in
accordance with the Nation’s laws and policies governing citations. [3 O.C. 310.8-1].
 Any citations issues under the Safe Neighborhoods law must comply with the process for
handling citations as provided for in the Citations law.
 Eviction and Termination Law. The Eviction and Termination law provides consistent procedures
relating to the Nation’s rental and leasing programs for terminating a contract and/or evicting an
occupant which affords the applicant due process and protects all parties involved. [6 O.C. 610.11]. It is the Nation’s policy to provide fair termination and eviction processes that preserve the
peace, harmony, safety, health, general welfare and the Nation’s resources. [6 O.C. 610.1-2].
 The Eviction and Termination law provides that an owner may terminate the contract prior
to the contract term and evict the occupant, if the occupant violates the terms of the

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contract; is alleged to have violated any applicable law or rule; and/or is alleged to have
committed one or more nuisance activities.
 The Safe Neighborhoods law provides that no person or entity shall sell, lease, sublease,
rent, convey, or otherwise allow a sex offender to stay in any place, structure, or part thereof
with knowledge that it will be used as a permanent residence or temporary residence by
any sex offender that is prohibited from establishing residence under this law. [3 O.C.
310.5-5].
 An individual who violates by Safe Neighborhoods law may be subject to the early
termination of a contract or eviction in accordance with the Eviction and Termination law.

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SECTION 7. OTHER CONSIDERATIONS
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A. Deadline for Permanent Adoption of Legislation. The emergency adoption of this Law expires six (6)
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months after adoption. The emergency legislation may be renewed for an additional six (6) month
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period.
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 Conclusion: The Legislative Operating Committee will need to develop for adoption the permanent
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Law within the next six (6) to twelve (12) months.
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B. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC302
10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
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Act,” provides further clarification on who the Legislative Operating Committee may direct complete
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a fiscal impact statement at various stages of the legislative process, as well as timeframes for
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completing the fiscal impact statement.
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 Conclusion. The Legislative Operating Committee has not yet requested a fiscal impact statement
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be developed.
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Title 3. Health & Public Safety - Chapter 310
SAFE NEIGHBORHOODS
310.1. Purpose and Policy
310.2. Adoption, Amendment, Repeal
310.3. Definitions
310.4. Prohibited Locations
310.5. Residence Restrictions

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310.6. Waiver of Residence Restrictions
310.7. Map of Prohibited Locations and Residence Restriction
Distances
310.8. Enforcement and Penalties

310.1. Purpose and Policy
310.1-1. Purpose. The purpose of this law is not to impose a criminal penalty but rather to serve
the Nation’s compelling interest to promote, protect, and improve the health, safety, and welfare
of the reservation population by prohibiting sex offenders from loitering or residing in specified
areas around locations where vulnerable populations, including children, regularly congregate.
This law recognizes the right of sex offenders to reenter the community. Therefore, through this
law the Nation balances its responsibility to sex offenders with its responsibility to protect the
surrounding community by promoting regulatory measures which provide protections for the
community that do not wholly prohibit sex offenders from being part of this community.
310.1-2. Policy. It is the policy of the Nation that due to the high rate of recidivism for sex
offenders, the Nation declares that sex offenders are a serious threat to the public safety of
vulnerable populations, including children, if regulatory measures are not in place that protect the
community by reducing opportunity and temptation by prohibiting sex offenders from being
present on or residing in specified areas designated as places where vulnerable populations
commonly congregate.
310.2. Adoption, Amendment, Repeal
310.2-1. This law was adopted by the Oneida Business Committee on an emergency basis by
resolution BC-02-25-26-C.-__-__-__-__.
310.2-2. This law may be amended or repealed by the Oneida Business Committee or General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
310.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
310.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
310.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
310.3. Definitions
310.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Day” means calendar day.
(b) “Immediate family” means individual’s husband, wife, mother, father, son, daughter,
brother, sister, grandparent, grandchild, and any of the these relations attained through legal
adoption or marriage.
(c) “Judiciary” means the Oneida Nation Judiciary, as identified in Article V of the
Constitution and Bylaws of the Oneida Nation, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later
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authorized to administer the judicial authorities and responsibilities of the Nation by
Oneida General Tribal Council resolution GTC-03-19-17-A.
(d) “Nation” means the Oneida Nation.
(e) “Oneida Public Safety and Security Commission” means the entity made up of those
individuals appointed by the Oneida Business Committee to provide oversight regarding
the activities and actions of public safety and security operations throughout the
Reservation.
(f) “Park” means any outdoor area held open for use by the public, including, but not
limited to a public park, parkway, campground, recreation or open access space area,
beach, conservation area, lake access point, recreation trail/route, or Safe Route, by
whatever name such area is known by.
(g) “Permanent residence” means a place where the person abides, lodges, or resides for
fourteen (14) or more consecutive days.
(h) “Reservation” means all land within the exterior boundaries of the Reservation of the
Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any
lands added thereto pursuant to federal law.
(i) “Sex offender” means a person who:
(1) Is required to register under Wis. Stats. §301.45 for any sexual offense or as
otherwise ordered by a court or is found to have committed a sex offense by another
jurisdiction within the meaning of Wis. Stats. §301.45(1d)(am);
(2) Is required to register under Wis. Stats. §301.45 and who has been designated a
special bulletin (SBN) sex offender pursuant to Wis. Stats. §301.46 (2) and (2m);
or
(3) Within the ten (10) years prior to establishing a permanent or temporary
residence within the reservation, has been convicted of or found not guilty by
reason of disease or mental defect of a violation of Wis. Stats. §940.30 False
Imprisonment, if the victim was a minor and not offender’s child, or Wis. Stats.
§940.31 kidnapping, if the victim was a minor and not offender’s child.
(j) “Temporary residence” means a place where the person abides, lodges or resides for a
period of four (4) or more days within a thirty (30) day period, or for a period of fourteen
(14) or more days during any calendar year and which is not the person's permanent
address.
(k) “Trial Court” means the Trial Court of the Oneida Nation Judiciary.
310.4. Prohibited Locations
310.4-1. Prohibited Locations. No sex offender shall enter or be present on any property upon
which there exists any:
(a) school;
(b) Tribal or other licensed day care or childcare center;
(c) park or park facility;
(d) playground or green space otherwise designated as a play or recreational area by the
Nation’s planning departmentPlanning Department;
(e) athletic field, including any practice field;
(f) library;
(g) community center;
(h) fitness center, recreation center, or gym;
(i) farmers market;
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(j) place of worship;
(k) any other place designated by the Nation as a place where vulnerable populations,
including children, are known to congregate.
310.4-2. Prohibited Locations Exceptions. A sex offender present in a prohibited location as
identified in section 310.4-1 of this law shall not be found to have committed an offense if any of
the following apply:
(a) The property also supports a place of worship, subject to the following conditions:
(1) Entrance and presence on the property may occur only during hours of worship
or other religious program or service; and
(2) The sex offender shall not participate in any religious education programs that
include individuals under the age of eighteen (18).
(b) The property also supports a use lawfully attended by the sex offender's natural or
adopted child, which child's use reasonably requires the attendance of the sex offender,
provided that entrance and presence on the property occurs only during hours of activity
related to the use by the child.
(c) The property also supports a polling location in a local, state, or federal election, subject
to the following conditions:
(1) The sex offender is eligible to vote;
(2) The polling location is the designated polling location for the sex offender; and
(3) The sex offender casts their ballot with whatever usual and customary
assistance is available and vacates the property immediately after voting.
(d) The property also supports a school lawfully attended by the sex offender as a student,
provided that the sex offender may only remain on the property at such times that are
reasonably required for their educational purposes.
(e) The property is accessed for use of a medical facility or clinic, behavioral health clinic,
police station, food security services, economic or social services, or other governmental
building not otherwise enumerated in 310.4-1 of this law, provided that the sex offender
vacates the property immediately after completing the activity or service that required their
presence at the property.
(1) Any department of the Nation in a property providing services as referenced in
the subsection above shall have a standard operating procedure regarding providing
for a sex offender’s access for services in these particular locations.
310.5. Residence Restrictions
310.5-1. Prohibited Location of Residence. No sex offender shall establish a permanent residence
or temporary residence within two thousand five hundred (2,500) feet of any prohibited locations
identified in section 310.4-1 of this law.
310.5-2. Measurement of Distance. For purposes of determining the minimum distance of
separation required for the permanent residence or temporary residence of a sex offender, the
requirement shall be measured by following a straight line from the outer property line of the
permanent residence or temporary residence of the sex offender to nearest outer property line of
the prohibited locations identified in section 310.4-1 of this law.
310.5-3. Residency Restriction Exceptions. A sex offender residing within an area otherwise
prohibited by this law does not commit an offense if any of the following apply:
(a) The sex offender is required to serve a sentence at a jail, prison, juvenile facility, or
other facility located at the otherwise prohibited location.
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(b) The sex offender had established and registered a permanent residence within a
restricted area prior to the effective date of this law.
(1) In such circumstances, a sex offender who duly registered their permanent
residence address before residency restrictions were adopted by the Nation shall be
deemed to have received a waiver, provided that this waiver may be revoked in
accordance with section 310.6-5 of this law.
(c) The prohibited location identified in section 310.4-1 of this law was established after
the sex offender established a permanent residence at the location and registered that
residence as required by law.
(d) The sex offender is a minor or ward under guardianship.
(e) The sex offender's most recent offense occurred more than ten (10) years ago and it
has been at least ten (10) years since the sex offender has completed any period of
incarceration or court mandated supervision for any offense.
310.5-5. Prohibition of Sale, Lease, or Rental of Property. No person or entity shall sell, lease,
sublease, rent, convey, or otherwise allow a sex offender to stay in any place, structure, or part
thereof with knowledge that it will be used as a permanent residence or temporary residence by
any sex offender that is prohibited from establishing residence under this law.
310.6. Waiver of Residence Restrictions
310.6-1. Petition for Residence Restriction Waiver. A sex offender may request a waiver from
the residence restrictions provided in section 310.5-1 of this law by submitting a written request
for a waiver, including any pertinent rationale for a waiver, to the Oneida Police Department prior
to establishing a residence that would be in violation of this law.
(a) A sex offender shall not, under any circumstance, be deemed to have established a
residence that would otherwise be in violation of this law without first having received
permission as evidenced through a waiver. A sex offender cited for residing within a
restricted area without first receiving a waiver shall not be eligible to receive a waiver
thereafter.
310.6-2. Review of Waiver Request. The Chief of Police or their designee shall conduct a review
of the request for a waiver using any pertinent information and the following factors related to the
Nation’s interest in promoting, protecting, and improving the health, safety, and welfare of the
community:
(a) The nature of the offense causing the individual to be a sex offender;
(b) Police reports related to the predicate offense if available;
(c) Proximity of the requested residence to the victim;
(d) The age of the offense, offender, and victim;
(e) Recommendation of the probation or parole officer, if one exists;
(f) Recommendation of the police department;
(g) Recommendation of any treatment practitioner;
(h) Proposals for safety measures and assurances by the sex offender;
(i) Conditions to be placed on any exception or variance from the requirements of this law;
(j) Support systems in place by the sex offender;
(k) Who the sex offender will be or is living with at the prohibited location;
(l) Statements of the surrounding community or victim;
(m) Treatment, sobriety, or rehabilitative measures taken by the sex offender;
(n) The sex offender's current employment or social activities;
(o) The sex offender's criminal history; and
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(p) Whether the sex offender meets any of the exceptions provided for in this law.
310.6-3. Approval or Denial of Waiver. Within fourteen (14) days of receiving a waiver request,
the Chief of Police or their designee shall issue a written decision to the sex offender by first class
mail, to the address provided by the requestor, in regard to the request for a residence restriction
waiver.
(a) The decision of the Chief of Police or their designee shall be one (1) of the following:
(1) denial of the waiver;
(1) approval of the waiver; or
(2) approval of the waiver subject to necessary conditions.
(A) Conditions may include, but are not limited to, the following:
(i) curfew restrictions;
(ii) cohabitation restrictions or requirements;
(iii) sobriety restrictions;
(iv) conduct restrictions; and/or
(v) any other decision deemed reasonable and necessary by the
Chief of Police.
(b) Any request for a waiver which has not been approved, approved for a conditional
waiver, or denied by the Chief of Police or their designee within thirty (14) days of the
request shall be deemed to be denied unless the Chief of Police provides written notice to
the sex offender that a one (1) time extension of ten (10) days would be required to make
a decision on the waiver.
(c) If a waiver is granted by the Chief of Police or their designee, the exemption shall only
apply to the specific sex offender who had applied for the waiver at the requested residence
and shall not be transferable to any other or to any other location.
(d) A waiver expires when the sex offender who was granted the waiver changes their
residence.
310.6-4. Appeal of Waiver Decision. A sex offender may appeal the waiver decision made by the
Chief of Police or their designee by submitting a written appeal to the Oneida Public Safety and
Security Commission within ten (10) days from the date the waiver decision was postmarked.
(a) The Oneida Public Safety and Security Commission shall make a decision regarding
the appeal of the Chief of Police or their designee’s decision within fourteen (14) days of
receipt of the appeal.
(1) The Oneida Public Safety and Security Commission may use a one (1) time
extension of ten (10) days to make a decision on the waiver appeal by providing
written notice of the extension to the Chief of Police and the sex offender.
(b) The Oneida Public Safety and Security Commission shall make one of the following
decisions in regard to the appeal:
(1) Uphold the Chief of Police or their designee’s denial of the waiver; or
(2) Overturn the Chief of Police or their designee’s denial of the waiver and
approve:
(A) a waiver; or
(B) a waiver subject to conditions.
(c) The decision of the Oneida Public Safety and Security Commission shall be in writing
and provided to the sex offender and the Chief of Police.
310.6-5. Revocation of Waiver. A waiver issued by the Chief of Police or their designee or the
Oneida Public Safety and Security Commission may be revoked by the Chief of Police or their
designee if the sex offender is found to have violated the conditions of the waiver or there is
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probable cause to believe the sex offender has committed an additional violent, heinous, or sexual
criminal offense, which had occurred either before or after the waiver was issued.
(a) The Chief of Police or their designee shall provide written notice to the sex offender
that the exemption or conditional exemption has been revoked and/or further conditioned.
310.7. Map of Prohibited Locations and Residence Restriction Distances
310.7-1. The Geographic Information System Department shall maintain an official map of the
reservation showing prohibited locations and the resulting residency restriction distances.
(a) The Geographic Information System Department shall review the map on an annual
basis and update the map to reflect any changes in the prohibited locations.
(b) The map shall be made available electronically on the Nation’s website.
310.7-2. The absence of a location on the map shall not be a defense to enforcement under this
law where the sex offender is found to be within a prohibited location and circumstances make it
clear that the sex offender had actual notice of that prohibited location.
310.8. Enforcement and Penalties
310.8-1. Issuance of a Citation. An individual who violates any provision of this law may be
subject to the issuance of a citation by an Oneida Police Department officer.
(a) A citation for a violation of this law or any orders issued pursuant to this law may
include fines and other penalties, as well as conditional orders made by the Trial Court.
(b) A citation for a violation of this law shall be processed in accordance with the
procedure contained in the Nation’s laws and policies governing citations.
(c) Notice to the Comprehensive Housing Division. The Oneida Police Department shall
provide notice to the Oneida Law Office attorney assigned to the Comprehensive Housing
Division of any citation, revocation, or conditioning of a waiver issued to an individual
located at a property rented or leased through the Comprehensive Housing Division.
(1) Any information or reports shared by the Oneida Police Department officer
with the Oneida Law Office attorney shall be redacted by the Oneida Law Office
attorney as agreed upon between the Oneida Law Office and the Oneida Police
Department Chief of Police prior to release to the Comprehensive Housing Division
for potential lease or rental enforcement.
310.8-2. Penalties. Upon a finding by the Trial Court that a violation of this law has occurred,
the individual may be subject to the following penalties:
(a) Fines. An individual may be ordered to pay a fine as a result of a violation of this law.
The Oneida Business Committee shall adopt through resolution a citation schedule which
sets forth specific fine amounts for violations of this law.
(1) All fines shall be paid to the Judiciary.
(2) Fines shall be paid within ninety (90) days after the order is issued or upheld
on final appeal, whichever is later.
(A) The ninety (90) day deadline for payment of fines may be extended if
an alternative payment plan is negotiated by the Oneida Law Office and
approved by the Trial Court.
(3) If an individual does not pay their fine the Trial Court may seek to collect the
money owed through the Nation’s garnishment and/or per capita attachment
process or any other collection process available to the Trial Court.
(4) Community service may be substituted for part or all of any fine at the minimum
wage rate of the Nation for each hour of community service.
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(b) Community Service. An individual may be ordered to perform community service.
Community service can be used in lieu of, or in addition to, a fine.
(1) All community service assignments shall be approved by the Trial Court. The
Trial Court shall give preference to culturally relevant community service
assignments or community service assignments that focus on the betterment of the
individual’s community.
(2) The Trial Court shall provide the individual a written statement of the terms of
the community service order, and a statement that the community service order is
monitored.
(3) The Trial Court’s community service order shall specify:
(A) how many hours of community service the individual is required to
complete;
(B) the time frame in which the hours shall be completed;
(C) how the individual shall obtain approval for their community service
assignment;
(D) how the individual shall report their hours; and
(E) any other information the Trial Court determines is relevant.
(c) Counseling or other Programs. An individual may be ordered to participate in
counseling or any other program relevant and available to the Nation.
(d) Any other penalty as deemed appropriate by the Trial Court.
End.
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Title 3. Health & Public Safety - Chapter 310
SAFE NEIGHBORHOODS
310.1. Purpose and Policy
310.2. Adoption, Amendment, Repeal
310.3. Definitions
310.4. Prohibited Locations
310.5. Residence Restrictions

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310.6. Waiver of Residence Restrictions
310.7. Map of Prohibited Locations and Residence Restriction
Distances
310.8. Enforcement and Penalties

310.1. Purpose and Policy
310.1-1. Purpose. The purpose of this law is not to impose a criminal penalty but rather to serve
the Nation’s compelling interest to promote, protect, and improve the health, safety, and welfare
of the reservation population by prohibiting sex offenders from loitering or residing in specified
areas around locations where vulnerable populations, including children, regularly congregate.
This law recognizes the right of sex offenders to reenter the community. Therefore, through this
law the Nation balances its responsibility to sex offenders with its responsibility to protect the
surrounding community by promoting regulatory measures which provide protections for the
community that do not wholly prohibit sex offenders from being part of this community.
310.1-2. Policy. It is the policy of the Nation that due to the high rate of recidivism for sex
offenders, the Nation declares that sex offenders are a serious threat to the public safety of
vulnerable populations, including children, if regulatory measures are not in place that protect the
community by reducing opportunity and temptation by prohibiting sex offenders from being
present on or residing in specified areas designated as places where vulnerable populations
commonly congregate.
310.2. Adoption, Amendment, Repeal
310.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__.
310.2-2. This law may be amended or repealed by the Oneida Business Committee or General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
310.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
310.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
310.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
310.3. Definitions
310.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Day” means calendar day.
(b) “Immediate family” means individual’s husband, wife, mother, father, son, daughter,
brother, sister, grandparent, grandchild, and any of the these relations attained through legal
adoption or marriage.
(c) “Judiciary” means the Oneida Nation Judiciary, as identified in Article V of the
Constitution and Bylaws of the Oneida Nation, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later
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authorized to administer the judicial authorities and responsibilities of the Nation by
Oneida General Tribal Council resolution GTC-03-19-17-A.
(d) “Nation” means the Oneida Nation.
(e) “Oneida Public Safety and Security Commission” means the entity made up of those
individuals appointed by the Oneida Business Committee to provide oversight regarding
the activities and actions of public safety and security operations throughout the
Reservation.
(f) “Park” means any outdoor area held open for use by the public, including, but not
limited to a public park, parkway, campground, recreation or open access space area,
beach, conservation area, lake access point, recreation trail/route, or Safe Route, by
whatever name such area is known by.
(g) “Permanent residence” means a place where the person abides, lodges, or resides for
fourteen (14) or more consecutive days.
(h) “Reservation” means all land within the exterior boundaries of the Reservation of the
Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any
lands added thereto pursuant to federal law.
(i) “Sex offender” means a person who:
(1) Is required to register under Wis. Stats. §301.45 for any sexual offense or as
otherwise ordered by a court or is found to have committed a sex offense by another
jurisdiction within the meaning of Wis. Stats. §301.45(1d)(am);
(2) Is required to register under Wis. Stats. §301.45 and who has been designated a
special bulletin (SBN) sex offender pursuant to Wis. Stats. §301.46 (2) and (2m);
or
(3) Within the ten (10) years prior to establishing a permanent or temporary
residence within the reservation, has been convicted of or found not guilty by
reason of disease or mental defect of a violation of Wis. Stats. §940.30 False
Imprisonment, if the victim was a minor and not offender’s child, or Wis. Stats.
§940.31 kidnapping, if the victim was a minor and not offender’s child.
(j) “Temporary residence” means a place where the person abides, lodges or resides for a
period of four (4) or more days within a thirty (30) day period, or for a period of fourteen
(14) or more days during any calendar year and which is not the person's permanent
address.
(k) “Trial Court” means the Trial Court of the Oneida Nation Judiciary.
310.4. Prohibited Locations
310.4-1. Prohibited Locations. No sex offender shall enter or be present on any property upon
which there exists any:
(a) school;
(b) Tribal or other licensed day care or childcare center;
(c) park or park facility;
(d) playground or green space otherwise designated as a play or recreational area by the
Nation’s Planning Department;
(e) athletic field, including any practice field;
(f) library;
(g) community center;
(h) fitness center, recreation center, or gym;
(i) farmers market;
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(j) place of worship;
(k) any other place designated by the Nation as a place where vulnerable populations,
including children, are known to congregate.
310.4-2. Prohibited Locations Exceptions. A sex offender present in a prohibited location as
identified in section 310.4-1 of this law shall not be found to have committed an offense if any of
the following apply:
(a) The property also supports a place of worship, subject to the following conditions:
(1) Entrance and presence on the property may occur only during hours of worship
or other religious program or service; and
(2) The sex offender shall not participate in any religious education programs that
include individuals under the age of eighteen (18).
(b) The property also supports a use lawfully attended by the sex offender's natural or
adopted child, which child's use reasonably requires the attendance of the sex offender,
provided that entrance and presence on the property occurs only during hours of activity
related to the use by the child.
(c) The property also supports a polling location in a local, state, or federal election, subject
to the following conditions:
(1) The sex offender is eligible to vote;
(2) The polling location is the designated polling location for the sex offender; and
(3) The sex offender casts their ballot with whatever usual and customary
assistance is available and vacates the property immediately after voting.
(d) The property also supports a school lawfully attended by the sex offender as a student,
provided that the sex offender may only remain on the property at such times that are
reasonably required for their educational purposes.
(e) The property is accessed for use of a medical facility or clinic, behavioral health clinic,
police station, food security services, economic or social services, or other governmental
building not otherwise enumerated in 310.4-1 of this law, provided that the sex offender
vacates the property immediately after completing the activity or service that required their
presence at the property.
(1) Any department of the Nation in a property providing services as referenced in
the subsection above shall have a standard operating procedure regarding providing
for a sex offender’s access for services in these particular locations.
310.5. Residence Restrictions
310.5-1. Prohibited Location of Residence. No sex offender shall establish a permanent residence
or temporary residence within two thousand five hundred (2,500) feet of any prohibited locations
identified in section 310.4-1 of this law.
310.5-2. Measurement of Distance. For purposes of determining the minimum distance of
separation required for the permanent residence or temporary residence of a sex offender, the
requirement shall be measured by following a straight line from the outer property line of the
permanent residence or temporary residence of the sex offender to nearest outer property line of
the prohibited locations identified in section 310.4-1 of this law.
310.5-3. Residency Restriction Exceptions. A sex offender residing within an area otherwise
prohibited by this law does not commit an offense if any of the following apply:
(a) The sex offender is required to serve a sentence at a jail, prison, juvenile facility, or
other facility located at the otherwise prohibited location.
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(b) The sex offender had established and registered a permanent residence within a
restricted area prior to the effective date of this law.
(1) In such circumstances, a sex offender who duly registered their permanent
residence address before residency restrictions were adopted by the Nation shall be
deemed to have received a waiver, provided that this waiver may be revoked in
accordance with section 310.6-5 of this law.
(c) The prohibited location identified in section 310.4-1 of this law was established after
the sex offender established a permanent residence at the location and registered that
residence as required by law.
(d) The sex offender is a minor or ward under guardianship.
(e) The sex offender's most recent offense occurred more than ten (10) years ago and it
has been at least ten (10) years since the sex offender has completed any period of
incarceration or court mandated supervision for any offense.
310.5-5. Prohibition of Sale, Lease, or Rental of Property. No person or entity shall sell, lease,
sublease, rent, convey, or otherwise allow a sex offender to stay in any place, structure, or part
thereof with knowledge that it will be used as a permanent residence or temporary residence by
any sex offender that is prohibited from establishing residence under this law.
310.6. Waiver of Residence Restrictions
310.6-1. Petition for Residence Restriction Waiver. A sex offender may request a waiver from
the residence restrictions provided in section 310.5-1 of this law by submitting a written request
for a waiver, including any pertinent rationale for a waiver, to the Oneida Police Department prior
to establishing a residence that would be in violation of this law.
(a) A sex offender shall not, under any circumstance, be deemed to have established a
residence that would otherwise be in violation of this law without first having received
permission as evidenced through a waiver. A sex offender cited for residing within a
restricted area without first receiving a waiver shall not be eligible to receive a waiver
thereafter.
310.6-2. Review of Waiver Request. The Chief of Police or their designee shall conduct a review
of the request for a waiver using any pertinent information and the following factors related to the
Nation’s interest in promoting, protecting, and improving the health, safety, and welfare of the
community:
(a) The nature of the offense causing the individual to be a sex offender;
(b) Police reports related to the predicate offense if available;
(c) Proximity of the requested residence to the victim;
(d) The age of the offense, offender, and victim;
(e) Recommendation of the probation or parole officer, if one exists;
(f) Recommendation of the police department;
(g) Recommendation of any treatment practitioner;
(h) Proposals for safety measures and assurances by the sex offender;
(i) Conditions to be placed on any exception or variance from the requirements of this law;
(j) Support systems in place by the sex offender;
(k) Who the sex offender will be or is living with at the prohibited location;
(l) Statements of the surrounding community or victim;
(m) Treatment, sobriety, or rehabilitative measures taken by the sex offender;
(n) The sex offender's current employment or social activities;
(o) The sex offender's criminal history; and
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(p) Whether the sex offender meets any of the exceptions provided for in this law.
310.6-3. Approval or Denial of Waiver. Within fourteen (14) days of receiving a waiver request,
the Chief of Police or their designee shall issue a written decision to the sex offender by first class
mail, to the address provided by the requestor, in regard to the request for a residence restriction
waiver.
(a) The decision of the Chief of Police or their designee shall be one (1) of the following:
(1) denial of the waiver;
(1) approval of the waiver; or
(2) approval of the waiver subject to necessary conditions.
(A) Conditions may include, but are not limited to, the following:
(i) curfew restrictions;
(ii) cohabitation restrictions or requirements;
(iii) sobriety restrictions;
(iv) conduct restrictions; and/or
(v) any other decision deemed reasonable and necessary by the
Chief of Police.
(b) Any request for a waiver which has not been approved, approved for a conditional
waiver, or denied by the Chief of Police or their designee within thirty (14) days of the
request shall be deemed to be denied unless the Chief of Police provides written notice to
the sex offender that a one (1) time extension of ten (10) days would be required to make
a decision on the waiver.
(c) If a waiver is granted by the Chief of Police or their designee, the exemption shall only
apply to the specific sex offender who had applied for the waiver at the requested residence
and shall not be transferable to any other or to any other location.
(d) A waiver expires when the sex offender who was granted the waiver changes their
residence.
310.6-4. Appeal of Waiver Decision. A sex offender may appeal the waiver decision made by the
Chief of Police or their designee by submitting a written appeal to the Oneida Public Safety and
Security Commission within ten (10) days from the date the waiver decision was postmarked.
(a) The Oneida Public Safety and Security Commission shall make a decision regarding
the appeal of the Chief of Police or their designee’s decision within fourteen (14) days of
receipt of the appeal.
(1) The Oneida Public Safety and Security Commission may use a one (1) time
extension of ten (10) days to make a decision on the waiver appeal by providing
written notice of the extension to the Chief of Police and the sex offender.
(b) The Oneida Public Safety and Security Commission shall make one of the following
decisions in regard to the appeal:
(1) Uphold the Chief of Police or their designee’s denial of the waiver; or
(2) Overturn the Chief of Police or their designee’s denial of the waiver and
approve:
(A) a waiver; or
(B) a waiver subject to conditions.
(c) The decision of the Oneida Public Safety and Security Commission shall be in writing
and provided to the sex offender and the Chief of Police.
310.6-5. Revocation of Waiver. A waiver issued by the Chief of Police or their designee or the
Oneida Public Safety and Security Commission may be revoked by the Chief of Police or their
designee if the sex offender is found to have violated the conditions of the waiver or there is
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probable cause to believe the sex offender has committed an additional violent, heinous, or sexual
criminal offense, which had occurred either before or after the waiver was issued.
(a) The Chief of Police or their designee shall provide written notice to the sex offender
that the exemption or conditional exemption has been revoked and/or further conditioned.
310.7. Map of Prohibited Locations and Residence Restriction Distances
310.7-1. The Geographic Information System Department shall maintain an official map of the
reservation showing prohibited locations and the resulting residency restriction distances.
(a) The Geographic Information System Department shall review the map on an annual
basis and update the map to reflect any changes in the prohibited locations.
(b) The map shall be made available electronically on the Nation’s website.
310.7-2. The absence of a location on the map shall not be a defense to enforcement under this
law where the sex offender is found to be within a prohibited location and circumstances make it
clear that the sex offender had actual notice of that prohibited location.
310.8. Enforcement and Penalties
310.8-1. Issuance of a Citation. An individual who violates any provision of this law may be
subject to the issuance of a citation by an Oneida Police Department officer.
(a) A citation for a violation of this law or any orders issued pursuant to this law may
include fines and other penalties, as well as conditional orders made by the Trial Court.
(b) A citation for a violation of this law shall be processed in accordance with the
procedure contained in the Nation’s laws and policies governing citations.
(c) Notice to the Comprehensive Housing Division. The Oneida Police Department shall
provide notice to the Oneida Law Office of any citation, revocation, or conditioning of a
waiver issued to an individual located at a property rented or leased through the
Comprehensive Housing Division.
310.8-2. Penalties. Upon a finding by the Trial Court that a violation of this law has occurred,
the individual may be subject to the following penalties:
(a) Fines. An individual may be ordered to pay a fine as a result of a violation of this law.
The Oneida Business Committee shall adopt through resolution a citation schedule which
sets forth specific fine amounts for violations of this law.
(1) All fines shall be paid to the Judiciary.
(2) Fines shall be paid within ninety (90) days after the order is issued or upheld
on final appeal, whichever is later.
(A) The ninety (90) day deadline for payment of fines may be extended if
an alternative payment plan is negotiated by the Oneida Law Office and
approved by the Trial Court.
(3) If an individual does not pay their fine the Trial Court may seek to collect the
money owed through the Nation’s garnishment and/or per capita attachment
process or any other collection process available to the Trial Court.
(4) Community service may be substituted for part or all of any fine at the minimum
wage rate of the Nation for each hour of community service.
(b) Community Service. An individual may be ordered to perform community service.
Community service can be used in lieu of, or in addition to, a fine.
(1) All community service assignments shall be approved by the Trial Court. The
Trial Court shall give preference to culturally relevant community service
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assignments or community service assignments that focus on the betterment of the
individual’s community.
(2) The Trial Court shall provide the individual a written statement of the terms of
the community service order, and a statement that the community service order is
monitored.
(3) The Trial Court’s community service order shall specify:
(A) how many hours of community service the individual is required to
complete;
(B) the time frame in which the hours shall be completed;
(C) how the individual shall obtain approval for their community service
assignment;
(D) how the individual shall report their hours; and
(E) any other information the Trial Court determines is relevant.
(c) Counseling or other Programs. An individual may be ordered to participate in
counseling or any other program relevant and available to the Nation.
(d) Any other penalty as deemed appropriate by the Trial Court.
End.
Emergency Adopted – BC-02-25-26-C
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Oneida Nation

=DODDDD=

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

TO:
FROM:
DATE:
RE:

"'

Oneida Business Committee
Legislative Operating Committee

Oneida Business Committee
Jameson Wilson, Legislative Operating Committee Chairperson
August 5, 2026
Extension of the Emergency Adoption of the Safe Neighborhoods Law

Please find the following attached backup documentation for your consideration of the extension
of the emergency adoption of the Safe Neighborhoods law:
1. Resolution: Extension of the Emergency Adoption of the Safe Neighborhoods Law
2. Statement of Effect: Extension of the Emergency Adoption of the Safe Neighborhoods Law
3. Safe Neighborhoods Law
Overview
The Safe Neighborhoods law (the “Law”) was adopted by the Oneida Business Committee on an
emergency basis on February 25, 2026, through the adoption of resolution BC-02-25-26-C. The
purpose of the Law is not to impose a criminal penalty but rather to serve the Nation’s compelling
interest to promote, protect, and improve the health, safety, and welfare of the reservation
population by prohibiting sex offenders from loitering or residing in specified areas around
locations where vulnerable populations, including children, regularly congregate. [3 O.C. 310.11]. The Safe Neighborhoods law recognizes the right of sex offenders to reenter the community.
Id. Therefore, through the Safe Neighborhoods law, the Nation balances its responsibility to sex
offenders with its responsibility to protect the surrounding community by promoting regulatory
measures which provide protections for the community that do not wholly prohibit sex offenders
from being part of this community. Id.
The Safe Neighborhoods law:
 Prohibits a sex offender from being present or entering into specified prohibited locations,
that are primarily focused on areas in which children are known to congregate, while also
providing exceptions for when a sex offender may enter a prohibited area. [3 O.C. 310.4];
 Prohibits a sex offender from establishing a permanent residence or temporary residence
within two thousand five hundred (2,500) feet of any prohibited location, while also
providing exceptions for when a sex offender may have a residence less than two thousand
five hundred (2,500) feet of any prohibited location. [3 O.C. 310.5];
 Prohibits a person or entity from selling, leasing, subleasing, renting, conveying, or
otherwise allowing a sex offender to stay in any place, structure, or part thereof with
knowledge that it will be used as a permanent residence or temporary residence by any sex
offender that is prohibited from establishing residence under this law. [3 O.C. 310.5-5];
 Provides a process to allow a sex offender to petition for a waiver of the residence
restriction to the Oneida Police Department Chief of Police, and then appeal a denial of a
waiver to the Oneida Public Safety and Security Commission. [3 O.C. 310.6];
Page 1 of 2
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


Requires the Geographic Information System Department to develop and maintain an
official map of the reservation showing prohibited locations and the resulting residency
restrictions distances that is made available on the Nation’s website. [3 O.C. 310.7]; and
Provides for the enforcement of violations of this Law and subsequent penalties that are
available. [3 O.C. 310.8].

The emergency adoption of this Law will expire on August 25, 2026. The Legislative Operating
Committee is now seeking an extension of the emergency adoption of this Law.
The Oneida Business Committee is delegated the authority to temporarily enact emergency
legislation when legislation is necessary for the immediate preservation of the public health, safety,
or general welfare of the Reservation population, and the adoption of the legislation is required
sooner than would be possible under the Legislative Procedures Act. [1 O.C. 109.9-5]. A fiscal
impact statement and public meeting are not required for emergency legislation. [1 O.C. 109.95(a)].
The emergency adoption of this Law was necessary, and continues to be necessary, for the
preservation of the safety and general welfare of the reservation population due to the fact that sex
offenders are a serious threat to the public safety of vulnerable populations, including children, if
regulatory measures are not in place that protect the community by reducing opportunity and
temptation by prohibiting sex offenders from being present on or residing in specified areas
designated as places where vulnerable populations commonly congregate.
Additionally, observance of the requirements under the Legislative Procedures Act for the
adoption of this Law was, and continues to be, contrary to public interest since and the process and
requirements of the Legislative Procedures Act cannot be completed in time to ensure that the Law
can be adopted and implemented in time to best protect the safety and general welfare of the
reservation population.
The Legislative Procedures Act allows the Oneida Business Committee to extend emergency
amendments for a six (6) month time period. [1 O.C. 109.9-5(b)]. A six (6) month extension of
the emergency amendments to the Law is being requested to provide additional time for the
Legislative Operating Committee to finalize the development of the Law to be presented to the
Oneida Business Committee for permanent adoption.
The extension of the emergency amendments to the Law will become effective on August 25,
2026, when the emergency adoption of this Law as adopted through BC-02-25-26-C expires and
will remain in effect for an additional six (6) month term which will end on February 25, 2027.
Requested Action
Approve the Resolution: Extension of the Emergency Adoption of the Safe Neighborhoods Law

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ONEIDA

Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #
Extension of the Emergency Adoption of the Safe Neighborhoods Law

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WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Safe Neighborhoods law (“the Law”) was adopted by the Oneida Business Committee
on an emergency basis on February 25, 2026, through the adoption of resolution BC-0225-26-C; and

WHEREAS,

the purpose of the Law is not to impose a criminal penalty but rather to serve the Nation’s
compelling interest to promote, protect, and improve the health, safety, and welfare of the
reservation population by prohibiting sex offenders from loitering or residing in specified
areas around locations where vulnerable populations, including children, regularly
congregate; and

WHEREAS,

the Legislative Procedures Act authorizes the Oneida Business Committee to enact
legislation on an emergency basis when legislation is necessary for the immediate
preservation of the public health, safety, or general welfare of the Reservation population,
and the adoption of the legislation is required sooner than would be possible under the
Legislative Procedures Act; and

WHEREAS,

the emergency adoption of this Law was, and continues to be, necessary for the
preservation of the safety and general welfare of the reservation population due to the fact
that sex offenders are a serious threat to the public safety of vulnerable populations,
including children, if regulatory measures are not in place that protect the community by
reducing opportunity and temptation by prohibiting sex offenders from being present on or
residing in specified areas designated as places where vulnerable populations commonly
congregate; and

WHEREAS,

observance of the requirements under the Legislative Procedures Act for adoption of this
Law was, and continues to be, contrary to public interest since and the process and
requirements of the Legislative Procedures Act cannot be completed in time to ensure that
the Law can be adopted and implemented in time to best protect the safety and general
welfare of the reservation population; and

WHEREAS,

emergency adoption of legislation is effective for a period of six (6) months, renewable by
the Oneida Business Committee for an additional six (6) month term; and

WHEREAS,

the emergency adoption of this Law will expire on August 25, 2026; and

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BC Resolution _____________
Extension of the Emergency Adoption of the Safe Neighborhoods Law
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WHEREAS,

a six (6) month extension of the emergency adoption of this Law is being requested to allow
for the Law to remain in effect while the Legislative Operating Committee finalizes the
development of the Law to be presented to the Oneida Business Committee for permanent
adoption; and

NOW THEREFORE BE IT RESOLVED, that the emergency adoption of the Safe Neighborhoods law is
hereby extended for an additional six (6) month period effective August 25, 2026, and shall expire on
February 25, 2027.

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

Statement of Effect
Extension of the Emergency Adoption of the Safe Neighborhoods Law
Summary
This resolution extends the emergency adoption of the Safe Neighborhoods law for an additional
six (6) month period.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: July 21, 2026
Analysis by the Legislative Reference Office
This resolution extends the emergency adoption of the Safe Neighborhoods law (“the Law”) for
an additional six (6) month period. On February 25, 2026, the Oneida Business Committee adopted
the Law on an emergency basis, through the adoption of resolution BC-02-25-26-C. The purpose
of the Law is not to impose a criminal penalty but rather to serve the Nation’s compelling interest
to promote, protect, and improve the health, safety, and welfare of the reservation population by
prohibiting sex offenders from loitering or residing in specified areas around locations where
vulnerable populations, including children, regularly congregate. [3 O.C. 310.1-1]. The Safe
Neighborhoods law recognizes the right of sex offenders to reenter the community. Id. Therefore,
through the Safe Neighborhoods law, the Nation balances its responsibility to sex offenders with
its responsibility to protect the surrounding community by promoting regulatory measures which
provide protections for the community that do not wholly prohibit sex offenders from being part
of this community. Id.
The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the
purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.
109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is
necessary for the immediate preservation of the public health, safety, or general welfare of the
reservation population and when enactment or amendment of legislation is required sooner than
would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement
are not required for emergency legislation. [1 O.C. 109.8-1(b),109.9-5(a)]. Emergency legislation
takes effect immediately upon adoption by the Oneida Business Committee and remains effective
for a six (6) month period of time. [1 O.C. 109.9-5(b)]. The LPA provides the possibility to extend
emergency legislation for an additional six (6) months, or until the emergency amendments expire
or are permanently adopted. [1 O.C. 109.9-5(b)].
The resolution provides that the emergency adoption of this Law was, and continues to be,
necessary for the preservation of the safety and general welfare of the reservation population due
to the fact that sex offenders are a serious threat to the public safety of vulnerable populations,
including children, if regulatory measures are not in place that protect the community by reducing
opportunity and temptation by prohibiting sex offenders from being present on or residing in
specified areas designated as places where vulnerable populations commonly congregate.
Page 1 of 2
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Additionally, observance of the requirements under the Legislative Procedures Act for the
adoption of this Law was, and continues to be, contrary to public interest since and the process and
requirements of the Legislative Procedures Act cannot be completed in time to ensure that the Law
can be adopted and implemented in time to best protect the safety and general welfare of the
reservation population.
The extension of the emergency adoption of the Law will become effective on August 25, 2026,
when the emergency adoption of this Law as adopted through BC-02-25-26-C expires and will
remain in effect for an additional six (6) month term which will end on February 25, 2027.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.

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ONEIDA

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Title 3. Health & Public Safety - Chapter 310
SAFE NEIGHBORHOODS
310.1. Purpose and Policy
310.2. Adoption, Amendment, Repeal
310.3. Definitions
310.4. Prohibited Locations
310.5. Residence Restrictions

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310.6. Waiver of Residence Restrictions
310.7. Map of Prohibited Locations and Residence Restriction
Distances
310.8. Enforcement and Penalties

310.1. Purpose and Policy
310.1-1. Purpose. The purpose of this law is not to impose a criminal penalty but rather to serve
the Nation’s compelling interest to promote, protect, and improve the health, safety, and welfare
of the reservation population by prohibiting sex offenders from loitering or residing in specified
areas around locations where vulnerable populations, including children, regularly congregate.
This law recognizes the right of sex offenders to reenter the community. Therefore, through this
law the Nation balances its responsibility to sex offenders with its responsibility to protect the
surrounding community by promoting regulatory measures which provide protections for the
community that do not wholly prohibit sex offenders from being part of this community.
310.1-2. Policy. It is the policy of the Nation that due to the high rate of recidivism for sex
offenders, the Nation declares that sex offenders are a serious threat to the public safety of
vulnerable populations, including children, if regulatory measures are not in place that protect the
community by reducing opportunity and temptation by prohibiting sex offenders from being
present on or residing in specified areas designated as places where vulnerable populations
commonly congregate.
310.2. Adoption, Amendment, Repeal
310.2-1. This law was adopted by the Oneida Business Committee on an emergency basis by
resolution BC-02-25-26-C.
310.2-2. This law may be amended or repealed by the Oneida Business Committee or General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
310.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
310.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
310.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
310.3. Definitions
310.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Day” means calendar day.
(b) “Immediate family” means individual’s husband, wife, mother, father, son, daughter,
brother, sister, grandparent, grandchild, and any of the these relations attained through legal
adoption or marriage.
(c) “Judiciary” means the Oneida Nation Judiciary, as identified in Article V of the
Constitution and Bylaws of the Oneida Nation, which is the judicial system that was
established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later
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authorized to administer the judicial authorities and responsibilities of the Nation by
Oneida General Tribal Council resolution GTC-03-19-17-A.
(d) “Nation” means the Oneida Nation.
(e) “Oneida Public Safety and Security Commission” means the entity made up of those
individuals appointed by the Oneida Business Committee to provide oversight regarding
the activities and actions of public safety and security operations throughout the
Reservation.
(f) “Park” means any outdoor area held open for use by the public, including, but not
limited to a public park, parkway, campground, recreation or open access space area,
beach, conservation area, lake access point, recreation trail/route, or Safe Route, by
whatever name such area is known by.
(g) “Permanent residence” means a place where the person abides, lodges, or resides for
fourteen (14) or more consecutive days.
(h) “Reservation” means all land within the exterior boundaries of the Reservation of the
Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any
lands added thereto pursuant to federal law.
(i) “Sex offender” means a person who:
(1) Is required to register under Wis. Stats. §301.45 for any sexual offense or as
otherwise ordered by a court or is found to have committed a sex offense by another
jurisdiction within the meaning of Wis. Stats. §301.45(1d)(am);
(2) Is required to register under Wis. Stats. §301.45 and who has been designated a
special bulletin (SBN) sex offender pursuant to Wis. Stats. §301.46 (2) and (2m);
or
(3) Within the ten (10) years prior to establishing a permanent or temporary
residence within the reservation, has been convicted of or found not guilty by
reason of disease or mental defect of a violation of Wis. Stats. §940.30 False
Imprisonment, if the victim was a minor and not offender’s child, or Wis. Stats.
§940.31 kidnapping, if the victim was a minor and not offender’s child.
(j) “Temporary residence” means a place where the person abides, lodges or resides for a
period of four (4) or more days within a thirty (30) day period, or for a period of fourteen
(14) or more days during any calendar year and which is not the person's permanent
address.
(k) “Trial Court” means the Trial Court of the Oneida Nation Judiciary.
310.4. Prohibited Locations
310.4-1. Prohibited Locations. No sex offender shall enter or be present on any property upon
which there exists any:
(a) school;
(b) Tribal or other licensed day care or childcare center;
(c) park or park facility;
(d) playground or green space otherwise designated as a play or recreational area by the
Nation’s planning department;
(e) athletic field, including any practice field;
(f) library;
(g) community center;
(h) fitness center, recreation center, or gym;
(i) farmers market;
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(j) place of worship;
(k) any other place designated by the Nation as a place where vulnerable populations,
including children, are known to congregate.
310.4-2. Prohibited Locations Exceptions. A sex offender present in a prohibited location as
identified in section 310.4-1 of this law shall not be found to have committed an offense if any of
the following apply:
(a) The property also supports a place of worship, subject to the following conditions:
(1) Entrance and presence on the property may occur only during hours of worship
or other religious program or service; and
(2) The sex offender shall not participate in any religious education programs that
include individuals under the age of eighteen (18).
(b) The property also supports a use lawfully attended by the sex offender's natural or
adopted child, which child's use reasonably requires the attendance of the sex offender,
provided that entrance and presence on the property occurs only during hours of activity
related to the use by the child.
(c) The property also supports a polling location in a local, state, or federal election, subject
to the following conditions:
(1) The sex offender is eligible to vote;
(2) The polling location is the designated polling location for the sex offender; and
(3) The sex offender casts their ballot with whatever usual and customary
assistance is available and vacates the property immediately after voting.
(d) The property also supports a school lawfully attended by the sex offender as a student,
provided that the sex offender may only remain on the property at such times that are
reasonably required for their educational purposes.
(e) The property is accessed for use of a medical facility or clinic, behavioral health clinic,
police station, food security services, economic or social services, or other governmental
building not otherwise enumerated in 310.4-1 of this law, provided that the sex offender
vacates the property immediately after completing the activity or service that required their
presence at the property.
310.5. Residence Restrictions
310.5-1. Prohibited Location of Residence. No sex offender shall establish a permanent residence
or temporary residence within two thousand five hundred (2,500) feet of any prohibited locations
identified in section 310.4-1 of this law.
310.5-2. Measurement of Distance. For purposes of determining the minimum distance of
separation required for the permanent residence or temporary residence of a sex offender, the
requirement shall be measured by following a straight line from the outer property line of the
permanent residence or temporary residence of the sex offender to nearest outer property line of
the prohibited locations identified in section 310.4-1 of this law.
310.5-3. Residency Restriction Exceptions. A sex offender residing within an area otherwise
prohibited by this law does not commit an offense if any of the following apply:
(a) The sex offender is required to serve a sentence at a jail, prison, juvenile facility, or
other facility located at the otherwise prohibited location.
(b) The sex offender had established and registered a permanent residence within a
restricted area prior to the effective date of this law.
(1) In such circumstances, a sex offender who duly registered their permanent
residence address before residency restrictions were adopted by the Nation shall be
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deemed to have received a waiver, provided that this waiver may be revoked in
accordance with section 310.6-5 of this law.
(c) The prohibited location identified in section 310.4-1 of this law was established after
the sex offender established a permanent residence at the location and registered that
residence as required by law.
(d) The sex offender is a minor or ward under guardianship.
(e) The sex offender's most recent offense occurred more than ten (10) years ago and it
has been at least ten (10) years since the sex offender has completed any period of
incarceration or court mandated supervision for any offense.
310.5-5. Prohibition of Sale, Lease, or Rental of Property. No person or entity shall sell, lease,
sublease, rent, convey, or otherwise allow a sex offender to stay in any place, structure, or part
thereof with knowledge that it will be used as a permanent residence or temporary residence by
any sex offender that is prohibited from establishing residence under this law.
310.6. Waiver of Residence Restrictions
310.6-1. Petition for Residence Restriction Waiver. A sex offender may request a waiver from
the residence restrictions provided in section 310.5-1 of this law by submitting a written request
for a waiver, including any pertinent rationale for a waiver, to the Oneida Police Department prior
to establishing a residence that would be in violation of this law.
(a) A sex offender shall not, under any circumstance, be deemed to have established a
residence that would otherwise be in violation of this law without first having received
permission as evidenced through a waiver. A sex offender cited for residing within a
restricted area without first receiving a waiver shall not be eligible to receive a waiver
thereafter.
310.6-2. Review of Waiver Request. The Chief of Police or their designee shall conduct a review
of the request for a waiver using any pertinent information and the following factors related to the
Nation’s interest in promoting, protecting, and improving the health, safety, and welfare of the
community:
(a) The nature of the offense causing the individual to be a sex offender;
(b) Police reports related to the predicate offense if available;
(c) Proximity of the requested residence to the victim;
(d) The age of the offense, offender, and victim;
(e) Recommendation of the probation or parole officer, if one exists;
(f) Recommendation of the police department;
(g) Recommendation of any treatment practitioner;
(h) Proposals for safety measures and assurances by the sex offender;
(i) Conditions to be placed on any exception or variance from the requirements of this law;
(j) Support systems in place by the sex offender;
(k) Who the sex offender will be or is living with at the prohibited location;
(l) Statements of the surrounding community or victim;
(m) Treatment, sobriety, or rehabilitative measures taken by the sex offender;
(n) The sex offender's current employment or social activities;
(o) The sex offender's criminal history; and
(p) Whether the sex offender meets any of the exceptions provided for in this law.
310.6-3. Approval or Denial of Waiver. Within fourteen (14) days of receiving a waiver request,
the Chief of Police or their designee shall issue a written decision to the sex offender by first class
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mail, to the address provided by the requestor, in regard to the request for a residence restriction
waiver.
(a) The decision of the Chief of Police or their designee shall be one (1) of the following:
(1) denial of the waiver;
(1) approval of the waiver; or
(2) approval of the waiver subject to necessary conditions.
(A) Conditions may include, but are not limited to, the following:
(i) curfew restrictions;
(ii) cohabitation restrictions or requirements;
(iii) sobriety restrictions;
(iv) conduct restrictions; and/or
(v) any other decision deemed reasonable and necessary by the
Chief of Police.
(b) Any request for a waiver which has not been approved, approved for a conditional
waiver, or denied by the Chief of Police or their designee within thirty (14) days of the
request shall be deemed to be denied unless the Chief of Police provides written notice to
the sex offender that a one (1) time extension of ten (10) days would be required to make
a decision on the waiver.
(c) If a waiver is granted by the Chief of Police or their designee, the exemption shall only
apply to the specific sex offender who had applied for the waiver at the requested residence
and shall not be transferable to any other or to any other location.
(d) A waiver expires when the sex offender who was granted the waiver changes their
residence.
310.6-4. Appeal of Waiver Decision. A sex offender may appeal the waiver decision made by the
Chief of Police or their designee by submitting a written appeal to the Oneida Public Safety and
Security Commission within ten (10) days from the date the waiver decision was postmarked.
(a) The Oneida Public Safety and Security Commission shall make a decision regarding
the appeal of the Chief of Police or their designee’s decision within fourteen (14) days of
receipt of the appeal.
(1) The Oneida Public Safety and Security Commission may use a one (1) time
extension of ten (10) days to make a decision on the waiver appeal by providing
written notice of the extension to the Chief of Police and the sex offender.
(b) The Oneida Public Safety and Security Commission shall make one of the following
decisions in regard to the appeal:
(1) Uphold the Chief of Police or their designee’s denial of the waiver; or
(2) Overturn the Chief of Police or their designee’s denial of the waiver and
approve:
(A) a waiver; or
(B) a waiver subject to conditions.
(c) The decision of the Oneida Public Safety and Security Commission shall be in writing
and provided to the sex offender and the Chief of Police.
310.6-5. Revocation of Waiver. A waiver issued by the Chief of Police or their designee or the
Oneida Public Safety and Security Commission may be revoked by the Chief of Police or their
designee if the sex offender is found to have violated the conditions of the waiver or there is
probable cause to believe the sex offender has committed an additional violent, heinous, or sexual
criminal offense, which had occurred either before or after the waiver was issued.
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(a) The Chief of Police or their designee shall provide written notice to the sex offender
that the exemption or conditional exemption has been revoked and/or further conditioned.
310.7. Map of Prohibited Locations and Residence Restriction Distances
310.7-1. The Geographic Information System Department shall maintain an official map of the
reservation showing prohibited locations and the resulting residency restriction distances.
(a) The Geographic Information System Department shall review the map on an annual
basis and update the map to reflect any changes in the prohibited locations.
(b) The map shall be made available electronically on the Nation’s website.
310.7-2. The absence of a location on the map shall not be a defense to enforcement under this
law where the sex offender is found to be within a prohibited location and circumstances make it
clear that the sex offender had actual notice of that prohibited location.
310.8. Enforcement and Penalties
310.8-1. Issuance of a Citation. An individual who violates any provision of this law may be
subject to the issuance of a citation by an Oneida Police Department officer.
(a) A citation for a violation of this law or any orders issued pursuant to this law may
include fines and other penalties, as well as conditional orders made by the Trial Court.
(b) A citation for a violation of this law shall be processed in accordance with the
procedure contained in the Nation’s laws and policies governing citations.
(c) Notice to the Comprehensive Housing Division. The Oneida Police Department shall
provide notice to the Oneida Law Office attorney assigned to the Comprehensive Housing
Division of any citation, revocation, or conditioning of a waiver issued to an individual
located at a property rented or leased through the Comprehensive Housing Division.
(1) Any information or reports shared by the Oneida Police Department officer
with the Oneida Law Office attorney shall be redacted by the Oneida Law Office
attorney as agreed upon between the Oneida Law Office and the Oneida Police
Department Chief of Police prior to release to the Comprehensive Housing Division
for potential lease or rental enforcement.
310.8-2. Penalties. Upon a finding by the Trial Court that a violation of this law has occurred,
the individual may be subject to the following penalties:
(a) Fines. An individual may be ordered to pay a fine as a result of a violation of this law.
The Oneida Business Committee shall adopt through resolution a citation schedule which
sets forth specific fine amounts for violations of this law.
(1) All fines shall be paid to the Judiciary.
(2) Fines shall be paid within ninety (90) days after the order is issued or upheld
on final appeal, whichever is later.
(A) The ninety (90) day deadline for payment of fines may be extended if
an alternative payment plan is negotiated by the Oneida Law Office and
approved by the Trial Court.
(3) If an individual does not pay their fine the Trial Court may seek to collect the
money owed through the Nation’s garnishment and/or per capita attachment
process or any other collection process available to the Trial Court.
(4) Community service may be substituted for part or all of any fine at the minimum
wage rate of the Nation for each hour of community service.
(b) Community Service. An individual may be ordered to perform community service.
Community service can be used in lieu of, or in addition to, a fine.
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(1) All community service assignments shall be approved by the Trial Court. The
Trial Court shall give preference to culturally relevant community service
assignments or community service assignments that focus on the betterment of the
individual’s community.
(2) The Trial Court shall provide the individual a written statement of the terms of
the community service order, and a statement that the community service order is
monitored.
(3) The Trial Court’s community service order shall specify:
(A) how many hours of community service the individual is required to
complete;
(B) the time frame in which the hours shall be completed;
(C) how the individual shall obtain approval for their community service
assignment;
(D) how the individual shall report their hours; and
(E) any other information the Trial Court determines is relevant.
(c) Counseling or other Programs. An individual may be ordered to participate in
counseling or any other program relevant and available to the Nation.
(d) Any other penalty as deemed appropriate by the Trial Court.
End.
Emergency Adopted – BC-02-25-26-C
Emergency Extended – BC-__-__-__-__

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3. O.C. 310 – Page 7

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Oneida Nation

Oneida Business Committee
Legislative Operating

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A384fa095ffd8ddb2. Public record. Not legal advice.